Within the first month of a newborn baby’s life, it is recommended by doctors to receive an initial hearing screening. It is now routine in hospitals to automatically screen a baby before discharge, and nearly all U.S. states – including Louisiana — have universal newborn hearing screening laws or programs to ensure that every baby is tested.
The test is quick and painless, taking about five to ten minutes. There are two common methods of conducting the test: Otoacoustic Emissions, where a tiny soft tip is placed in the ear canal to play quiet sounds and measure the echo produced by the inner ear (cochlea), or Automated Auditory Brainstem Response, where small sensor stickers are placed on the baby’s head/neck with soft earphones to measure how the brain and hearing nerve respond to sound.
A failed test is not a final diagnosis – if a baby does not pass, there are rescreening and further testing options because a result can be affected by fluid, movement, or other factors. But it is important for a baby to get this initial hearing test to avoid and prevent delays in speech, language, and social development.
Before the rescreening process begins, the hospital and the providers involved in the newborn’s care are responsible for notifying parents of a failed hearing test. That notification matters because early hearing detection depends on results being communicated and acted on quickly. In Louisiana, the hospital of birth must screen every newborn before discharge, report the results to the state registry maintained by the Louisiana Department of Health, and – when a baby does not pass – refer the family to the child’s physician and a licensed audiologist within seven days of discharge. Most states have adopted their own versions of these requirements, and many also report screening results to a state Early Hearing Detection and Intervention (EHDI) program that helps ensure families do not get lost to follow-up care. The result is typically documented in the discharge paperwork given to parents and sent to the baby’s pediatrician to support continuity of care.
In this case, our client’s newborn failed his initial hearing screening, and his parents and doctors were not promptly notified. That communication failure delayed the diagnosis of his bilateral hearing loss for months – and during those months, the critical early window for language development was slipping away. By the time the hearing loss was identified, the child had developed severe speech and language delays that, the family contended, earlier treatment could have prevented.
The Townsley Law Firm represented the family and recovered a settlement of over $475,000.
Newborn Hearing Screening Only Works If the Result Is Acted On
A newborn hearing screening does little good if a failed result never reaches the parents and physicians who can act on it. Screening exists precisely because early detection of hearing loss is time-sensitive, and the system depends on results being communicated and followed up promptly. When a baby does not pass the initial screen, the standard of care calls for prompt notification and referral for confirmatory testing – not silence.
Universal newborn hearing screening is standard in Louisiana and across the country for a specific reason: the first months and years of life are when the brain builds the foundation for spoken language, and that process depends on the child receiving sound and language input. A failed screening is a signal that this input may not be reaching the child, and it is meant to trigger a prompt chain of confirmation and intervention.
In this case, that chain broke at the very first link. The result was generated but not delivered in time, so the parents and doctors could not begin the diagnosis and treatment process when it would have mattered most.
The harm here is subtle but lasting. This was not a missed emergency in an operating room. It was a screening result that never reached the people who needed it, and a clock that no one knew was running.
Why the Timing of a Hearing Loss Diagnosis Is Everything
The window for treating congenital hearing loss to support normal language development is often measured in months rather than years, which is why a delay of even a few months can cause lasting harm. Early identification allows early intervention — hearing aids, cochlear implants, and specialized therapy — during the period when the brain is most able to develop language pathways.
For children with severe-to-profound hearing loss, cochlear implants can provide access to sound, and their benefit for language development is strongly tied to how early they are used. (Milder degrees of hearing loss are more often managed with hearing aids). A child implanted and supported early has the best chance of developing speech and language on a typical trajectory. A child whose diagnosis is delayed loses valuable time during the brain’s most receptive period, and the speech and language delays that develop in that gap can be difficult to fully undo.
For this child, earlier intervention would have prevented the developmental setbacks he suffered. The delay did not just postpone treatment – the evidence indicated it affected his outcome.
What a Language Delay Means for a Child’s Future
Severe speech and language delays affect far more than a child’s ability to talk. Language is a foundation for learning, reading, social development, and eventually education and employment. A child who falls behind in language during the critical early years can face challenges that ripple across their development, often requiring years of specialized therapy and educational support.
That is why a case like this looks across the child’s whole life. The claim must account for the ongoing speech therapy, audiological care, educational support, and assistive technology the child will need, along with the developmental impact that earlier treatment could have prevented. A delayed diagnosis in infancy creates needs that persist for decades.
