Failure to recognize the signs and diagnose jaundice can cause an infant to suffer lifelong impairments. If your doctor failed to diagnose or treat jaundice and your child developed kernicterus, you may be eligible to pursue damages.
A local birth injury attorney can help. Call the Birth Injury Lawyers Group at 1-800-222-9529 to connect with a lawyer in your state who will review your family’s case for free.
Kernicterus Lawsuits & Injury Cases
To win a kernicterus birth injury lawsuit, you will need to prove that your child suffered a preventable injury related to their high bilirubin levels. You will also need to show the doctor’s delay in diagnosing the child or a delay in treatment caused the trauma they suffered. This is the only way to hold the doctor or hospital liable for the damages your child suffered. This means you must establish they failed to uphold their standard of care.
In many cases, your child’s medical records will not tell the full story. Instead, you need an expert medical witness who can explain the acceptable standard of care, talk about your doctor’s negligence in failing to recognize and treat a condition as common as jaundice, and explain your child’s prognosis and ongoing care needs.
With a strong case, you may be able to recover a wide range of damages for your child and your family. This includes:
- Medical care costs related to the diagnostic delay
- Therapy and rehabilitation
- Ongoing and future care costs
- Out-of-pocket expenses
- Pain and suffering losses
- Mental anguish
It is important to note there are filing deadlines in this type of case, in addition to possible tolling for minors and/or a statute of repose that set an absolute deadline. However, these deadlines can vary depending on the state where the incident occurred. Your birth injury attorney can help you understand how long you have to take legal action.
Kernicterus Overview
Kernicterus is a type of brain damage newborns may develop as a result of having too much bilirubin in their blood. Kernicterus can cause many problems, including:
- Athetoid cerebral palsy
- Hearing loss
- Eye problems
- Dental issues
- Intellectual disabilities
Recognizing the signs of elevated bilirubin and treating jaundice quickly can prevent kernicterus and all the related complications. For this reason, a missed or delayed diagnosis in your newborn may be grounds for a medical malpractice lawsuit.
Kernicterus Causes
Kernicterus occurs because of excess levels of bilirubin, known as hyperbilirubinemia, in the blood of a newborn. The liver forms bilirubin through the natural process of breaking down hemoglobin and excretes it in bile. Some newborns have a difficult time managing bilirubin levels without treatment.
Kernicterus Symptoms
Jaundice is the classic sign of excess bilirubin, and most newborns with jaundice receive treatment for excess bilirubin before they leave the hospital. Without treatment, kernicterus could develop. Signs include:
- Jaundice
- Difficult to wake up
- Refusing to sleep
- Difficulty feeding
- Extremely fussy, crying inconsolably
- High pitched crying
- Back arching
- Stiff body
- Limp, ragdoll-like body
- Unusual eye movements
Infant Fussiness Or High-pitched Cry
It is normal for an infant to cry when communicating things like hunger or discomfort. However, if the infant is unusually fussy or their crying could be considered high-pitched, it is essential to get in contact with a medical professional right away.
Why Your Infant’s Crying Could Be of Concern
A normal infant cry is usually not a cause for concern. However, if you notice anything alarming about your child’s cry, it could be a symptom related to a neurological condition.
The following crying characteristics should be brought to the attention of your doctor right away. They include:
- Very high-pitched crying
- Lower amplitude volume than usual
- Prolonged fussiness greater than three hours a day
- Arched back while crying
Possible conditions that can cause unusual crying behavior are:
- Colic: unusually long periods of crying
- Craniosynostosis: premature closure of sutures in the skull
- Group B Strep Infection: easily treatable with medication
- Kernicterus Infection: a rare, serious form of brain damage
- Brain Damage: other symptoms may also be present
Infant With Arched Back While Crying
An infant who consistently exhibits an arched back while crying may be suffering from a birth injury or other disorder. Among other disorders, cerebral palsy and untreated infant jaundice are characterized by this symptom.
- Cerebral palsy is a motor disability caused by a disruption of blood and oxygen to the brain as it develops.
- Jaundice is characterized by a yellowing of the skin and eyes caused by excess bilirubin.
- Untreated jaundice can lead to kernicterus and permanent brain damage.
A LAWYER CAN HELP YOU FILE A COMPREHENSIVE BIRTH INJURY LAWSUIT
Proving a birth injury or medical negligence contributed to your child’s medical condition is a complex process. An attorney can help you determine the at-fault party and hold them accountable for their actions. A successful case means you must prove important legal factors:
- Your doctor or other medical provider owed you and your child a standard of care
- Your doctor breached their duty to you and your child, and this breach resulted in economic damages
Your attorney can help you understand these and other legal standards that must be met to constitute a successful case. Call the Birth Injury Lawyers Group at 1-844-908-0346 to schedule a free consultation with an attorney near you. A birth injury lawyer for infants with arched backs while crying can help you understand the full scope of your lawsuit and your potential monetary award.
A Lawyer Can Help You Meet the Filing Deadline In Your State
Filing a successful lawsuit is often a matter of promptness and attention to detail. Your state has a statute of limitations and a statute of repose that can have a serious impact on your ability to make a claim at all. Between these two legal time constraints and the legal principle called tolling for minors, filing a lawsuit on your own can be a complex process.
Kernicterus Diagnosis & Treatment
If a doctor suspects kernicterus, they may call for clinical evaluation to get a diagnosis and ensure prompt treatment. Without addressing the underlying high levels of bilirubin, complications may occur quickly.
According to the Centers for Disease Control and Prevention, there are two ways to diagnose a problem with a baby’s bilirubin levels:
- Transcutaneous Bilirubin (TcB) levels: Medical care professionals can measure TcB using a light meter that reads the level through the skin of the baby’s head.
- Total Serum Bilirubin (TSB) levels: Medical care professionals check TSB by taking a small sample of blood from the newborn’s heel.
Phototherapy is effective in treating most cases of high bilirubin levels. In more severe cases when phototherapy is not effective, blood transfusions to exchange the bilirubin-rich blood or plasmapheresis may be necessary.
Kernicterus Frequently Asked Questions
How do I know if my baby has kernicterus?
If you see yellowing of your baby’s skin, usually beginning at the head and moving toward the toes, you should talk to a trusted doctor about your child’s condition right away. Getting same-day treatment can prevent kernicterus and other dangerous complications.
Is kernicterus fatal?
While kernicterus is generally not fatal, without treatment for the underlying issues with high bilirubin levels, it can cause brain damage and lifelong impairments.
Who is liable for kernicterus?
If the doctor who delivers your baby or those caring for the child in the hospital nursery fails to recognize jaundice and does not diagnose the child with excess levels of bilirubin, they may develop kernicterus and suffer brain damage. If this happens to your child, you may be able to hold the doctor or hospital who failed to diagnose the baby liable.
What level of bilirubin causes kernicterus?
A study published in American Family Physician suggests therapy for excess bilirubin when total serum bilirubin levels reach:
- 15 mg per dL in infants 25 to 48 hours old
- 18 mg per dL in infants 49 to 72 hours old
- 20 mg per dL in infants older than 72 hours
Kernicterus Glossary Terms
- What is Jaundice? Jaundice is a yellow discoloration of the skin, whites of the eyes, mucous membranes, and other areas caused by too much of the yellow-orange colored bilirubin in the bloodstream.
- What is Bilirubin? Bilirubin is an orange-yellow pigmented waste product made as a by-product of the liver breaking down hemoglobin. Bilirubin is normally excreted in bile.
- What is Gilbert’s Syndrome? Gilbert’s Syndrome is a genetic condition that is caused by an issue processing bilirubin in the liver.
Talk to a Kernicterus Birth Injury Attorney About Your Child’s Case
If a doctor failed to diagnose and treat your newborn’s jaundice, and they developed kernicterus because of high bilirubin levels, your family may be able to take legal action against them.
Call the Birth Injury Lawyers Group today at 1-800-222-9529 to connect with a local birth injury attorney. Your attorney can discuss your options for pursuing medical malpractice damages in your state at no out-of-pocket cost to you.
Kernicterus News
Birth Jaundice And Kernicterus
Kernicterus is a funny word for a very serious condition. It is a type of brain damage caused by untreated infant jaundice. It may surprise you to know that infant jaundice is quite common, happening in about half of all births. Romper.com explains the facts.
Jaundice is a sign that there is a problem with the liver. The most common sign of jaundice is yellowed skin caused by a buildup of a chemical called bilirubin. Healthy livers break this down.
Mild levels of jaundice often clear up within the first two or three weeks of birth, but bilirubin levels do get noted and measured in case the jaundice is more serious. There are treatments to help if it doesn’t clear up, including using bilirubin lights and blood transfusions.
However, if a medical professional fails to notice or treat jaundice appropriately, a more dangerous situation can develop called kernicterus. This is a type of brain damage caused by bilirubin buildup. It can cause hearing loss, athetoid cerebral palsy, intellectual disability, and other birth traumas.
It’s also entirely preventable if jaundice is detected and treated early. A baby that develops kernicterus after birth after getting the medical all-clear from your hospital is a terrible situation. Families in such a state may be eligible for significant compensation if you can show that the hospital was negligent in detecting or treating your baby’s jaundice.
Mother In New Zealand Wins Kernicterus Case
Kernicterus can lead to cerebral palsy if it is untreated. A mother in New Zealand successfully sued her hospital for not treating kernicterus in her child. The Herald Live reported on the matter.
In 2010, a boy was diagnosed with fast breathing but was released to his mother soon after. Four days after birth, the hospital detected severe jaundice caused by incompatible blood types between the child and the mother.
To clear out the incompatible blood, the child needed a blood transfusion as stated by witness testimony. However, he had a rare blood type, B+. The blood needed to be ordered from another location. Hospital records showed that the blood was ordered a day later than what the mother was told, allowing the disease to cause further damage to the child’s brain due to high bilirubin levels.
Due to the delay, the mother requested a transfer to another hospital where the transfusion was performed. By then it was too late and the child had permanent brain damage due to kernicterus, which is caused by untreated jaundice.
The court ruled in favor of the mother and ordered damages to be paid because the staff was negligent in ordering the blood. The amount owed to the family was not recorded in the article.
Simple Light Therapy Can Stop Kernicterus
Kernicterus is one of the most preventable forms of brain damage in a newborn. This disease happens when severe infant jaundice is untreated for too long, causing bilirubin toxicity in the brain.
An article from Mondaq shows how simple it is to treat and detect and what can happen if it’s not. In addition to the yellow skin and eyes caused by jaundice, kernicterus also has symptoms of lethargy, slow reflexes, and poor feeding in the early stages. As it gets worse, high-pitched crying, muscle rigidity and arching, and seizures can happen. It can even cause coma if untreated.
Kernicterus is what happened to one baby in 2007. He was a premature birth with a twin who died soon after birth. Premature babies are at higher risk for severe jaundice. He was taken to a neonatal intensive care unit.
A few days into his stay there, he developed severe jaundice and some of the signs mentioned above. However, they were ignored by medical staff. Treatment of the condition is simple. Phototherapy can break down the bilirubin until the baby’s liver can do it on its own.
Why was this treatment ignored? Outdated treatment protocols. The threshold for phototherapy treatment was incorrect. Also, the protocol they had was meant for healthy babies, not for premature babies who have a higher risk of kernicterus. Instead of relying on clinical judgment, they leaned on the old protocol, which had been updated several times. As a result, the baby became disabled.