Many newborns develop jaundice within a few days of birth. If diagnosed and treated early, it usually has no lasting impact. However, when jaundice is not caught and treated, it can lead to serious consequences.
A baby with untreated jaundice can develop kernicterus, also called bilirubin encephalopathy. This condition causes brain damage that can greatly impact a child’s quality of life.
Kernicterus is a preventable birth injury. If your healthcare team failed to diagnose or treat jaundice promptly, you may bring a medical malpractice suit and seek compensation with help from a compassionate birth injury lawyer. The Connecticut kernicterus lawyers at Berkowitz Hanna can advocate for your child and work to achieve a just result.
Jaundice is a condition that results from a buildup of bilirubin in a baby’s blood. When the baby was in the uterus, the mother’s liver cleansed excess bilirubin from the child’s blood. However, the baby’s liver often cannot manage bilirubin levels effectively for the first few days after birth.
Babies with excess bilirubin will develop yellowish skin, or jaundice. Risk factors for jaundice include:
The American Academy of Pediatrics suggests that newborns be checked for jaundice every 8-12 hours when they are in the hospital. At discharge, parents should be instructed on the symptoms of jaundice and advised to seek medical treatment if they appear.
The child can develop kernicterus, which causes brain damage, when a medical team does not screen the child for jaundice or does not recognize or treat it promptly. Early detection and treatment can limit further damage but do not repair damage already done. A healthcare team that did not screen a newborn for jaundice in accordance with the recommendations may be negligent and liable for compensation for the child’s injuries.
Kernicterus damages specific areas of the brain. A child with kernicterus may develop a form of cerebral palsy that causes their limbs to move involuntarily. They often suffer hearing loss and may have developmental or intellectual disabilities.
Children with kernicterus may need to use a wheelchair or another mobility aid. They often have trouble controlling their eye movements, so learning is impacted. In the worst cases, the child may never be able to live independently.
The negligent medical practitioners who did not promptly discover and treat the child’s jaundice are responsible for paying compensation, which can include covering the child’s kernicterus-related medical needs for the remainder of their life. They also must compensate the child for their non-economic losses, such as disability, lost opportunities, and pain and suffering. The Connecticut lawyers at Berkowitz Hanna could advise a family about how to document their losses from kernicterus to substantiate their claim for compensation.
Medical professionals are guilty of malpractice when they fail to provide the quality of care a patient could reasonably expect from a similarly trained provider in the area. Connecticut General Statutes § 52-190a(a) requires a malpractice attorney to obtain a signed letter from an expert affirming the healthcare professional did not meet an appropriate standard of care. The kernicterus attorney in Connecticut must include the letter in the pleadings when filing a medical malpractice lawsuit.
Once the suit is filed, the medical professional and their insurance company often begin negotiations. When these do not result in an acceptable offer, the parties must attempt dispute resolution, like mediation or arbitration. These processes result in a settlement in most cases.
Because the injured party in the case is a minor, a probate judge must approve any settlement. They will review the child’s condition and determine whether the settlement is fair and in the child’s best interests. If so, the judge will approve the settlement but will supervise handling the money until the child is 18. Parents normally do not have access to the funds except to provide necessary services for the child.
Kernicterus and its consequences are preventable. When a child develops kernicterus, it usually means the medical professionals failed to meet the standard of care in screening for and treating infant jaundice.
Stand up for your child by bringing a medical malpractice lawsuit against the medical professionals who failed to meet a reasonable standard of care. The Connecticut kernicterus lawyers at Berkowitz Hanna are ready to fight for your child’s future financial security. Call today.
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