Jaundice is a condition frequently diagnosed in newborn babies. Babies with the diagnosis often have a yellow tint of their eyes and skin, caused by elevated levels of bilirubin in their bloodstream. Jaundice often can be cured with minimal treatment, but if it turns severe, can have life catastrophic consequences, including brain damage. Kernicterus, a type of brain damage caused by severe damage, can even cause lifelong disabilities, such as hearing loss, vision problems, and intellectual delays. Medical malpractice lawsuits can be filed when physicians failed to properly monitor and treat jaundice in newborns, resulting in serious injury.
The blog examines the connection between severe jaundice and medical malpractice, what families need to know about the condition, and how working with a medical malpractice lawyer can help parents of a child who was not treated for their severe jaundice seek compensation.
What Is Jaundice?
Jaundice is a medical condition that occurs when a newborn baby’s liver is not effectively breaking down bilirubin, which is a yellow pigment that is produced when the body breaks down old red blood cells. Newborn babies frequently get jaundice because their livers are still developing, and thus the children can break down red blood cells, but not the bilirubin from them. Jaundice is typically seen within the first two to three days after birth, and the bilirubin may cause the baby’s skin and the whites of their eyes to turn yellow.
How Does Jaundice Become Severe?
In most infants, jaundice will resolve on its own with non-invasive treatment, such as light therapy, called phototherapy. However, when jaundice becomes severe, it’s often due to a failure by healthcare providers to recognize or treat the condition early. Some risk factors for severe jaundice include:
- Premature birth: Preterm babies have less-developed livers, making it harder for them to process bilirubin from old blood cells that are being broken down.
- Blood type incompatibility: If the mother and baby have different blood types, it can lead to an increased bilirubin production.
- Bruising during birth: Excessive bruising or internal bleeding can lead to higher bilirubin levels.
- Poor feeding: Newborns who struggle to feed or who are dehydrated are at a greater risk for jaundice, as bilirubin is usually eliminated through bowel movements.
Doctors need to monitor these risk factors and determine if treatment is needed for a child suffering from jaundice. If the condition is dismissed, jaundice can quickly escalate to a dangerous level, leaving the child at risk for brain damage or other serious complications.
Is Jaundice Considered Medical Malpractice?
A mere diagnosis of jaundice is not medical malpractice, nor is the failure to treat jaundice automatically malpractice. Medical malpractice occurs when a healthcare provider’s negligence, like the failure to medically treat a serious condition of jaundice, leads to patient harm, like brain damage in a newborn. Specifically In the context of jaundice, malpractice may arise if a medical professional fails to:
- Properly screen for jaundice after birth
- Monitor bilirubin levels in high-risk infants
- Provide medically appropriate treatment for serious cases of jaundice where the child’s health is at issue, such as phototherapy or exchange transfusions
- Educate parents on the signs of worsening jaundice and when to seek medical attention
If a baby suffers permanent damage due to untreated or poorly managed jaundice, it may be grounds for a medical malpractice claim. Proving that jaundice led to a serious injury due to medical negligence can be complex, but an experienced medical malpractice lawyer can help families navigate the legal process.
Filing a Medical Malpractice Claim for Severe Jaundice
The idea of filing a medical malpractice action can be overwhelming for new parents. However, filing a claim is often the only remedy to recover unnecessary medical bills, future medical expenses related to any long-term disability, and other expenses. The process of filing a medical malpractice claim consist of many steps:
Consulting a Medical Malpractice Lawyer
The first step in deciding whether to file a medical malpractice claim is to consult with a medical malpractice lawyer who understands the complexities of birth injury cases. The attorney will evaluate your case by reviewing the medical records, consult with a medical expert, and determine whether the healthcare provider was negligent, and if this negligence led to your child’s injury.
Establishing Negligence
To prove that medical malpractice occurred, you must show that the healthcare provider deviated from the accepted standard of care for their practice area. This involves using an expert from the same or similar profession to review the medical records.
Calculating Damages
If a malpractice action is filed, and it is successful, you may be entitled to several types of compensation, including:
- Medical expenses: This includes the cost of current and future medical treatments, surgeries, and rehabilitation.
- Lost earning capacity: If your child’s injuries result in lifelong disabilities, you may be compensated for their reduced ability to earn a living in the future.
- Pain and suffering: Compensation may also cover the emotional toll of the injury, both for the child and their family.
Filing the Claim
Once your lawyer has gathered the necessary evidence, they will file the medical malpractice claim on your behalf. This process may involve negotiating with the hospital’s insurance company or taking the case to trial if a fair settlement cannot be reached. Every state has a different law about the timing of filing such claims, so it is important you consult a lawyer as soon as possible so they can review any possible statute of limitations issues with you.
Why You Need a Medical Malpractice Lawyer
Birth injury cases involving severe jaundice are complicated and often require in-depth knowledge of both medical and legal issues, and expert witnesses to review the medical records. A medical malpractice lawyer can help you:
- Understand your legal rights: A lawyer will explain the legal process, your rights, and the compensation you may be entitled to.
- Gather expert testimony: Your lawyer can consult with medical experts to establish negligence and demonstrate how proper treatment would have prevented the injury.
- Handle negotiations: Medical malpractice claims often involve large hospital systems and insurance companies. Your lawyer will negotiate on your behalf to advocate for fair compensation.
- Represent you in court: If necessary, your lawyer will represent you in court to fight for the best possible outcome.
Signs of Medical Malpractice in Jaundice Cases
As a parent, it’s important to know the signs of medical malpractice when it comes to jaundice in newborns. Some red flags include:
- Failure to diagnose jaundice early: All newborns should be screened for jaundice, especially if they are at high risk.
- Lack of treatment: Severe jaundice requires prompt medical intervention, and failing to provide necessary treatments like phototherapy or exchange transfusions may be negligent.
- Inadequate monitoring: If bilirubin levels are not closely monitored, jaundice can quickly escalate and lead to serious harm.
If you’ve noticed any of these issues with your child’s care, it’s essential to speak with a medical malpractice lawyer to determine whether negligence played a role.
Was Your Child Harmed by Medical Negligence? Anapol Weiss Is Here to Help
If your child suffered complications from severe jaundice due to medical negligence, you don’t have to navigate this difficult journey alone. At Anapol Weiss, our experienced Philadelphia birth injury malpractice lawyers, led by Kila Baldwin, are dedicated to helping families secure the compensation and justice they are seeking. We understand the emotional and financial burdens that come with a birth injury, and we are committed to fighting for the resources your child needs for their future.
Our firm represents families throughout Philadelphia, Pittsburgh, Allentown, Scranton, Harrisburg, and across Pennsylvania and New Jersey. We have a deep understanding of birth injury malpractice cases and the legal knowledge necessary to hold negligent medical professionals accountable. If medical errors contributed to your child’s condition, we can help you pursue compensation to cover medical expenses, specialized care, and other long-term needs.
Call Anapol Weiss today or fill out our online contact form for a free, no-obligation consultation. Let us stand by your side and help you take the first step toward justice.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and legal outcomes depend on specific facts and circumstances. If you or your child has suffered an injury due to medical negligence, consult with a qualified medical malpractice attorney to discuss your legal rights and options.