A majority of newborns show signs of jaundice at birth. Doctors can easily treat most of these cases before the child suffers any long-term harm. However, this condition sometimes advances to become life-threatening. Kernicterus in infants happens when the excess bilirubin that causes jaundice permanently damages the baby’s brain tissue.

The brain damage caused by kernicterus can have life-changing effects. Your child may suffer from permanent disabilities in their motor and sensory systems. As a result, they may require lifelong medical care and physical therapy. They may be unable to work and require a full-time or part-time caretaker.

Fortunately, Florida law gives parents the power to seek compensation when their children are injured by medical negligence.

What Is Kernicterus?

Kernicterus is a complication of severe jaundice in infants. Neonatal jaundice is a very common condition. It happens when a baby’s blood contains too much bilirubin.

Newborns, particularly premature babies, may have undeveloped livers that cannot process bilirubin. As a result, the bilirubin that forms during the natural breakdown of red blood cells builds up in the baby’s system. When untreated, this can lead to kernicterus.

Early Warning Signs of Kernicterus in Infants

Kernicterus starts with jaundice. Your child’s skin and eyes might appear yellow. They might have a fever and seem lethargic.

Once kernicterus starts, it will proceed through three stages.

Early-Stage Kernicterus

In the early stages, lethargy begins to affect your child’s ability to eat. They will also have a reduced startle response. Additionally, their muscles might seem limp.

Middle-Stage Kernicterus

Your child will still seem lethargic but may produce high-pitched, loud cries. Their muscles will also feel tense.

Late-Stage Kernicterus

The late stages of kernicterus are life-threatening. Your child may stop eating. Additionally, their muscles will be so stiff that their spine may arch with their neck bent. Finally, excess bilirubin affects their brain, causing seizures and limited mobility.

How Kernicterus Happens

Doctors can easily identify jaundice using blood tests or even non-invasive sensors. Once diagnosed, doctors can treat the condition with phototherapy or an exchange transfusion.

Phototherapy involves exposing your child to certain light frequencies. Mild cases can resolve simply with exposure to sunlight, while more severe cases might require exposure to special blue lights. The light helps break down the bilirubin.

An exchange transfusion adds donor blood to your baby’s system to lower bilirubin levels.

When doctors fail to diagnose or treat jaundice, it can advance to kernicterus. In other words, most cases of kernicterus are preventable. These cases develop only because healthcare providers have missed the symptoms of jaundice or failed to prescribe treatment to reverse its effects.

Long-Term Effects of Kernicterus

At high levels, bilirubin crosses the blood-brain barrier and begins to collect in the brain. Once there, it damages brain cells. As a result, the child may suffer from the following long-term or permanent conditions:

  • Hearing loss
  • Cerebral palsy or other motor disabilities
  • Vision loss or impairment
  • Autism spectrum disorder
  • Developmental delays

If untreated, kernicterus can cause permanent brain damage, coma, or death.

Medical Negligence and Liability for Kernicterus in Infants

Under Florida law, you must prove professional negligence to win a medical malpractice claim. Professional negligence means that your child’s healthcare provider breached the established standard of care.

This standard means that doctors, nurses, midwives, and hospitals must provide the level of skill, care, and treatment expected of a reasonably prudent medical professional in the same circumstances. A provider breaches this legal duty when they fail to follow acceptable and appropriate medical protocols.

In cases involving kernicterus, this breach can happen in a few ways. A doctor, nurse, or midwife might fail to diagnose the child with jaundice or kernicterus. They might also neglect to offer treatment after they identify the condition.

Proving a Birth Injury Case

The injured party has the burden of proof in a birth injury case. This means you and your child’s attorney must use evidence to show that your child’s healthcare providers failed to meet the professional standard of care and caused your child’s preventable injury.

Examples of evidence used in medical malpractice cases include the following:

  • Medical records
  • Witness testimony
  • Expert testimony
  • Financial records

These cases usually begin with a malpractice insurance claim. If your evidence is strong, the insurer may settle to avoid a trial.

Why Legal Help From a Kernicterus Attorney Matters

An experienced lawyer can accurately assess the value of a case so that their client gets full compensation for their child’s future needs, including care and therapy. Then, they can identify the evidence that is most likely to persuade insurers and jurors of the healthcare provider’s liability and the impact of the injury.

Attorneys know how to deal with insurers and negotiate settlements. If the insurer chooses to fight, your attorney will advocate forcefully before a judge or jury.

FAQ

Is Kernicterus Treatable?

Treatments can shorten the duration of kernicterus and manage the complications. However, doctors cannot reverse the effects of kernicterus once they happen. As a result, doctors, nurses, and midwives must be vigilant in spotting the signs of jaundice and preventing it from advancing to kernicterus.

What Are Some Other Names for Kernicterus?

Along with kernicterus, the following conditions refer to complications due to neonatal jaundice:

  • Bilirubin encephalopathy
  • Bilirubin-induced neurologic dysfunction (BIND)
  • Acute bilirubin encephalopathy (ABE)

These conditions all start as jaundice and advance to become life-threatening, often due to a lack of treatment.

What Compensation Can My Child Receive for Kernicterus?

You are entitled to seek compensation for economic and non-economic losses. Economic losses include the costs of medical treatment, therapy, and caretaking. Non-economic losses encompass the impact of kernicterus on your child’s happiness and quality of life.

Contact Ratzan Weissman & Boldt to Talk to a Kernicterus Lawyer

Kernicterus frequently results from preventable causes. Thus, you may be entitled to pursue a kernicterus lawsuit when a medical professional’s carelessness harms your child. Contact us to discuss your child’s injuries and the compensation you can seek for them.