Overuse of the NICU

In Search of Cuts, Health Officials Question NICU Overuse

This NY Times article on changes to NICU policies and admissions immediately made me think of defending that future case in which a child was not admitted to the NICU when he or she should have been. I found it interesting that even Dr. Frank Mazza—who conceded that NICUs can be overused—would want his own wife and child to be in a hospital with a NICU with "the latest and greatest technology."

What are your thoughts? What problems do you foresee in defending baby cases where the use of NICU is an issue?