When kernicterus results from medical negligence, parents may have grounds for a medical malpractice claim in Florida. Kernicterus is a serious medical condition that affects many newborns. Jaundice occurs when the liver is unable to efficiently process bilirubin. If left untreated, dangerously high levels of bilirubin can lead to kernicterus—a rare but severe type of brain damage that can cause permanent neurological impairment, including hearing loss, movement disorders, and developmental delays.
In such cases, compensation may be available to help cover medical costs, future care needs, and other damages. A Florida medical malpractice lawyer can help you pursue that compensation.
Is Compensation Available For Kernicterus In A Florida Malpractice Case?
Yes, compensation may be available if kernicterus resulted from medical malpractice in Florida. However, eligibility for compensation hinges on proving that a healthcare provider acted negligently and that this negligence directly caused or contributed to the infant’s injury. Common examples include a failure to diagnose severe jaundice, delayed treatment, or improper bilirubin monitoring after birth.
Compensation in these cases typically reflects the severity of the child’s condition. For mild cases that result in temporary issues, a settlement may be modest. In contrast, kernicterus often leads to profound and lifelong impairments, such as cerebral palsy, auditory neuropathy, or intellectual disabilities, which can result in substantial claims. Recoverable compensation may include:
- Past and future medical expenses
- Costs of in-home care
- Pain and suffering
- Emotional distress
Ultimately, the extent of the injury and its long-term consequences play a major role in determining the value of a malpractice claim. A medical malpractice attorney can fight for the full compensation your family deserves.
How Can Medical Negligence Lead To Kernicterus?
Jaundice is a common condition in newborns, but when not properly monitored and treated, it can escalate to kernicterus. Medical negligence occurs when healthcare providers fail to meet the standard of care expected in similar circumstances. In cases involving jaundice and kernicterus, liability often stems from one or more critical missteps.
Common negligent actions or omissions include:
- Delayed Diagnosis: Failing to identify jaundice promptly, especially in high-risk infants, can allow bilirubin levels to rise to dangerous levels.
- Inadequate Monitoring: Not regularly checking bilirubin levels during the newborn period, especially in babies discharged early from the hospital.
- Failure to Initiate Treatment: Not starting phototherapy or other interventions when clinically indicated.
- Disregard for Risk Factors: Ignoring known risk factors like prematurity, bruising, or ABO/Rh incompatibility.
- Poor Communication: Failing to inform parents of warning signs or follow-up needs.
Our firm conducts thorough investigations into each case to determine exactly how the standard of care was breached and to hold the responsible parties accountable.
What Are The Symptoms And Long-Term Complications Of Kernicterus?
Kernicterus can cause life-altering complications that affect nearly every aspect of a child’s development and daily function. While early-stage jaundice may present with yellowing of the skin and eyes, lethargy, and poor feeding, the failure to treat severe hyperbilirubinemia can result in the irreversible damage characteristic of kernicterus.
Common long-term symptoms and complications include:
- Cerebral Palsy or Muscle Rigidity: Children may experience involuntary movements, spasticity, or poor muscle control.
- Hearing Loss: One of the most common lasting effects, often requiring cochlear implants or hearing aids.
- Delayed Development: Impaired cognitive function and learning disabilities often necessitate specialized education plans.
- Vision Problems: Including abnormal eye movements or visual tracking difficulties.
- Seizures or Motor Disorders: These may require medication and constant supervision.
These impairments often demand lifelong therapy, assistive technologies, home modifications, and caregiver support. Demonstrating the full scope of these complications is essential to establishing the extent of losses in a malpractice claim and ensuring the compensation reflects the child’s ongoing and future needs.
Who Can Be Held Responsible In A Kernicterus Malpractice Case?
Several parties may be liable when kernicterus results from medical negligence. These can include:
- Doctors
- Nurses
- Neonatologists
- Pediatricians
- Lab technicians
- The hospital or birthing center itself
Determining fault can be complicated by issues involving insurance coverage and employment status. For example, a hospital may not be directly liable for a doctor who is technically an independent contractor.
Part of a law firm’s job is to identify every potentially liable party and navigate the insurance and legal complexities to pursue the maximum compensation available. Thorough investigation and a well-defined legal strategy are crucial to ensuring families don’t miss out on critical financial resources necessary for long-term care.
Proving Negligence In A Florida Medical Malpractice Case
To successfully pursue compensation for kernicterus in Florida, four key legal elements must be established:
- Duty of Care: The healthcare provider had a professional obligation to deliver treatment that met accepted medical standards.
- Breach of Duty: That provider failed to uphold those standards, whether by misdiagnosing, delaying treatment, or otherwise acting negligently.
- Causation: There must be a direct link between the provider’s negligence and the child’s injury. It must be shown that the kernicterus would not have occurred but for the breach of duty.
- Damages: The injury must have resulted in actual harm, such as medical expenses, long-term disability, and emotional distress.
Under Florida law, expert testimony is mandatory in medical malpractice cases. A qualified medical expert must confirm that the standard of care was violated and explain how that failure caused the injury. Our firm works with board-certified medical experts to build a compelling, evidence-based case on your behalf.
In addition to expert testimony, it’s also vital to pay attention to Florida’s statute of limitations. Under Florida Statutes § 95.11, you typically only have two years to file a medical malpractice lawsuit.
Contact A Florida Medical Malpractice Lawyer Today
If your loved one has suffered harm due to negligence by a medical provider, you shouldn’t have to carry that burden alone. Our Florida medical malpractice attorneys can help you fight for the fair compensation your family deserves.
At Anidjar & Levine, our legal team can help you get access to top medical care while we fight for accountability. Contact us today for a free initial consultation.
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