Kernicterus is a condition that can occur if a baby is born with jaundice and the problem isn’t caught and treated in time. Although jaundice isn’t always preventable in babies, the development of kernicterus is. If a doctor fails to make a diagnosis in time, the child could suffer brain damage that could impact them for the rest of their life.

If you suspect that medical malpractice might have been the cause of your child’s injury, you may be able to hold your doctor or another healthcare professional accountable. To do so, you’ll need the help of an experienced kernicterus attorney.

What Is Kernicterus?

Kernicterus is a complication in which babies are born with severe jaundice. It arises when a waste product called bilirubin builds up in a child’s brain and blood.

Bilirubin is the yellow pigment in bile. It’s created by the breakdown of red blood cells. The liver removes this substance from the body, but the process is less efficient in newborns, potentially leading to jaundice, which gives their skin and the whites of the eyes a yellowish tint.

Jaundice is common in babies, and it must be monitored closely to ensure that it doesn’t lead to kernicterus. This condition can result in a wide range of health impacts, from hearing loss to permanent brain damage.

How Medical Negligence Can Lead to Newborn Kernicterus

Kernicterus in infants often occurs because of medical negligence. If a medical professional fails to notice that the child has jaundice or doesn’t take the necessary steps to treat it, bilirubin levels will continue to increase, putting the baby at risk of developing kernicterus.

Jaundice is easily treatable; therefore, this complication is usually the result of medical negligence because it could have been prevented. Medical negligence involved in the development of kernicterus could include:

  • Delay in kernicterus diagnosis
  • Failure to perform a bilirubin test
  • Failure to monitor the infant
  • Failure to provide follow-up care
  • Lab report errors
  • Inexperienced physicians     

Whenever any form of medical negligence results in a serious birth injury like kernicterus, the parents may be entitled to file a claim for compensation.

Signs and Symptoms: When to Take Legal Action

Kernicterus has three distinct stages, each of which has various signs and symptoms.

Typically, the first thing you’ll notice is that your baby has a yellow tinge to their skin, the mucous membranes in their mouth, and the white part of their eyes. Common kernicterus symptoms during this early stage may include:

  • Low muscle tone
  • Lack of energy
  • Difficulty feeding
  • No response to loud sounds

As the condition progresses, your baby may display:

  • High muscle tone
  • Irritability
  • Loud, high-pitched crying

The late stages of the condition can cause symptoms like an unwillingness to feed, seizures, and stiff muscles. You might notice that your child has an arched back and that their neck is bent backward. This stage is potentially life-threatening.

Proving Medical Malpractice in Florida

To be able to hold the at-fault medical professionals responsible for the harm your baby has suffered, you’ll need to demonstrate that they failed to meet the proper standard of care. To do this, you’ll need to obtain an affidavit of merit.

This statement must be provided by a licensed medical professional in a relevant field and should state that they believe you have a valid claim. Without this document, you won’t be allowed to initiate a legal claim.

The next step is to show that the healthcare provider behaved negligently, meaning another professional with similar training wouldn’t have made the same mistake. Finally, you must prove that your child suffered injuries because of the physician’s misconduct.

How a Florida Medical Malpractice Attorney Can Help

A medical malpractice attorney can be an invaluable ally for your case. They’ll have the contacts necessary to get another medical professional to provide the affidavit of merit, and they’ll work tirelessly to gather all available evidence indicating negligence.

Dealing with insurance companies that cover doctors and medical facilities is very difficult. An experienced lawyer will know how to effectively negotiate with these entities. They can also take your case to court if the settlement offers you receive aren’t appropriate.

FAQ

What Should I Look for When Choosing a Medical Malpractice Attorney?

Above all, you need a lawyer with years of experience in the practice area of medical negligence. These are particularly complicated cases, and you should never hire anyone who hasn’t successfully worked on them before.

How Much Time Do I Have to File a Birth Injury Claim in Florida?

Florida law gives you two years to file a birth injury claim. There may be exceptions, however, depending on when you realized that your baby was ill, so it’s a good idea to speak with a lawyer to receive tailored guidance.

What Damages Can I Recover if My Baby Has Kernicterus?

You can recover damages that cover the medical expenses you’ve incurred, along with whatever future care your baby may need. If you’ve been forced to miss work to care for your child, you can also claim lost wages and earning potential. In some instances, it may also be possible to receive compensation for pain and suffering.

Seek the Assistance of a Proven Medical Malpractice Attorney

If your child has experienced a birth injury due to medical negligence, you have the right to file a legal claim against the negligent healthcare provider. Doing so won’t be easy, however. Fortunately, the skilled Miami medical malpractice lawyers at Ratzan Weissman & Boldt can guide you through the claims process and improve your chances of success.

We bring years of experience to the table and have a fierce dedication to the rights and well-being of our clients. Contact us today to schedule a free consultation and lay the groundwork for your claim.