San Francisco Kernicterus Attorney

When Is a Case of Kernicterus Medical Malpractice?

The U.S. CDC and the medical community at large is clear on brain damage arising from jaundice:

“No baby should suffer brain damage from untreated jaundice.”

Though jaundice in newborns often resolves on its own, there are cases where jaundice can develop aggressively into hyperbilirubinemia or kernicterus. Providers must be able to recognize when a case of jaundice is severe and must appropriately monitor, intervene, and timely treat babies to avoid potentially devastating health outcomes.

Some accepted standards and protocols that may apply in cases of severe jaundice:

• Assessing risks for jaundice complications prior to birth, such as previous children with jaundice or prematurity.
• Monitoring newborns for signs of jaundice or other infections immediately after birth, during the first two days of life, and re-evaluating babies a minimum of five days after birth.
• Ordering appropriate tests, including blood tests for bilirubin levels.
• Identifying jaundice symptoms or infections and intervening promptly.
• Providing appropriate and timely treatment, such as phototherapy, which may involve placing the baby under special blue lights or wrapping them in a fiber-optic “bili-blanket” to remove bilirubin from the blood before it can cause kernicterus and permanent damage, treatment of an underlying infection, or blood transfusion.

Statistically, kernicterus is rare, and when a child does develop kernicterus due to excessive jaundice, it warrants further investigation to determine if medical malpractice may have occurred. Our San Francisco-based attorneys at Bostwick & Peterson can help you evaluate your child’s case of kernicterus and whether you may have a viable malpractice lawsuit.

Compensation for Kernicterus

Babies who suffer kernicterus can be left with permanent disabilities and deficits that will impact their lives and the lives of their families forever. In addition to emotional suffering, families will often incur considerable expenses caring for a child with special physical or emotional needs over the course of their life.

When a medical malpractice lawsuit is successful, families who bring kernicterus claims can recover compensation for:

• Future medical expenses
• Costs of needed future therapy, medical treatment, medical devices, and assistive care
• Physical and emotional pain and suffering
• Lost income and lost future earnings

Determining whether a provider’s substandard care constitutes malpractice and serves as grounds for legal action requires a personalized evaluation of your case. Our team at Bostwick & Peterson, LLP is readily available to help you assess your legal options and discuss how we can help.

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