Dealing with any injury caused by a medical professional can be overwhelming and frustrating. That can especially be the case when it comes to birth injuries and their effects, such as kernicterus. This serious condition could lead to the development of brain damage and could even put your child’s life at risk.

If your baby is battling an injury that occurred because of medical negligence, you may be entitled to file a claim against the responsible parties. To do so, one of the most important things you can do is to quickly hire a kernicterus law firm. Here’s what you need to know about this type of birth injury and how legal representation can help.

What Is Kernicterus, and How Does It Occur?

Kernicterus is a condition that occurs in babies when there’s too much bilirubin in their blood, and it affects the brain. Bilirubin is a substance made by the breakdown of red blood cells, and it’s toxic to the body. The liver processes and removes it via urine and stools. If it leaks into the brain, however, it can result in brain damage. 

When there’s too much bilirubin in a newborn's body, jaundice can develop. Jaundice causes the whites of their eyes, skin, and mucous membranes to have a yellow tinge. The baby can also display a lack of energy, involuntary muscle movements, fever, and poor feeding.

Certain medical conditions can lead to kernicterus, but birth injuries can also cause it. For example, a baby may develop a collection of blood under the scalp — called a cephalohematoma — or bleeding between the skull and skin, called subgaleal hemorrhage. 

These conditions can occur during a difficult delivery requiring a vacuum extractor or forceps. If they aren’t used correctly, these pockets of blood under the scalp can form, allowing bilirubin access to the brain.

Medical professionals have to spot the signs of kernicterus and act quickly to offer the appropriate treatment. If they fail to do so or if their negligent use of forceps or vacuum extractors caused the problem, they can be held liable.

Signs of Kernicterus in Newborn Babies

There are different stages of kernicterus in babies. During the first stages, they can display signs that include:

  • Extreme sleepiness
  • Poor feeding
  • Reduced alertness
  • Low muscle tone
  • Yellowing of the eyes, skin, and mucous membranes

As the problem progresses, your baby may begin making high-pitched cries and arching their backs.

During the last stages of kernicterus, you can see signs such as:

  • No appetite
  • Fever
  • Strange eye movements
  • Seizures
  • Coma

Kernicterus can cause severe brain damage if it goes untreated. In the most serious cases, it can be life-threatening.

Grounds for Birth Injury or Medical Negligence Cases

Not all birth injuries are the result of medical negligence. Some injuries, as terrible as they may be, are unavoidable and impossible to predict. If, however, a medical professional failed to uphold the expected and recognized standard of care and their conduct caused the birth injury, they can be held liable.

To prove that negligence occurred, you’ll need to demonstrate that another medical professional in the same situation would have acted differently and avoided the injury. In cases involving kernicterus, this could mean not allowing labor to become so prolonged that resorting to vacuum extractors or forceps is necessary.

It can also refer to professionals using these assistive devices correctly and with the appropriate amount of force. Additionally, if the baby did suffer from kernicterus because of another medical condition, the doctor must have immediately recognized the signs and taken action.

If the medical professional failed in any of these steps, they may be liable for the injuries your baby suffered.

How a Florida Birth Injury Lawyer Can Help You Pursue Compensation

If your child suffered brain damage because of kernicterus, you can face significant and ongoing medical expenses. Your child might also need special schooling and, potentially, around-the-clock nurse care. For most people, this is impossible to afford.

One remedy you have is to file a lawsuit against the liable parties to pursue compensation. However, as with all types of medical negligence cases, kernicterus lawsuits are too complex to attempt without legal representation. This is where hiring a Florida kernicterus attorney comes in. 

For example, you’ll need to have an affidavit from a medical professional who states that your claim has merit. A kernicterus lawyer will have connections in the medical industry to make getting this affidavit easier.

Additionally, lawyers know how to deal with insurance companies. Unless the doctor involved in the claim is a private contractor, they typically work as an employer of a hospital. This means that the hospital’s legal team will be involved in the process. It’s essential that you have a team ready to aggressively negotiate with insurers for fair compensation.

Although getting a settlement is the best option, that’s not always possible. In those instances, your lawyer can take the case to court.

FAQ

Can Kernicterus Be Treated?

There are treatments available for kernicterus when it’s caught early. Light therapy can be effective, as can blood transfusions. The brain damage that can occur from this condition may be irreversible, however.

Can I Hold the Hospital Liable for My Child’s Injuries?

It’s possible. If the negligent medical professional works as an employer of the hospital, they may be liable for their conduct.

What Is My Kernicterus Case Worth?

You can get a better sense of what your case is worth by scheduling a consultation with a lawyer.

Begin a Lawsuit With Help From Miami Birth Injury Lawyers

If your child suffered kernicterus because of a medical professional’s negligence, the seasoned team at  Ratzan Weissman & Boldt can help. As a boutique law firm, we focus on only a few cases at a time, offering the personalized and compassionate representation you deserve. Call us to schedule a free consultation today.