Jaundice is a common condition in newborns, but when it’s not properly diagnosed or treated, it can cause permanent harm. If your child develops jaundice due to a medical mistake, you may be able to take legal action.
Recognizing the signs that jaundice was caused by medical negligence is crucial to holding your child’s care team accountable. A Fort Lauderdale birth injury lawyer can help you file a claim and recover the compensation your family deserves.
What Is Jaundice?
Jaundice occurs when there’s a buildup of bilirubin in a baby’s blood. Bilirubin is a yellow pigment created during the breakdown of red blood cells. Since newborns’ livers are still developing, it’s common for them to have mild jaundice in the first few days after birth.
In most cases, jaundice is harmless and disappears within a week or two. However, when bilirubin levels rise too high or are left untreated, the condition can lead to kernicterus, a form of brain damage with lifelong effects. If your child develops this condition due to medical negligence, you may be entitled to compensation.
Signs That Jaundice Was Caused by Medical Negligence
Not every case of severe jaundice is caused by malpractice, but certain red flags may suggest that your child’s care team failed to act appropriately. Indicators that may suggest medical negligence include:
- Failure to diagnose or monitor bilirubin levels: If hospital staff never tested your baby for jaundice, or only did so once before discharge, this could indicate negligence. Proper monitoring is essential, especially in the first 24 to 48 hours.
- Ignoring visible symptoms: A yellow tint in the baby’s eyes, face, or chest should prompt immediate testing. If staff dismissed these signs, that may be a breach of the standard of care.
- Delayed or incorrect treatment: Phototherapy is the standard treatment for elevated bilirubin. If it was not started promptly, or if it was used incorrectly, the baby may have been exposed to preventable harm.
- Failure to provide follow-up instructions: Parents should be told what symptoms to watch for and when to return for follow-up care. If you weren’t given this information, it may qualify as negligence.
- Discharge before bilirubin levels were safe: Sending a baby home too soon without ensuring that their bilirubin levels are dropping is a common mistake that can lead to severe complications.
If one or more of these issues occurred, it’s possible that your child’s condition was made worse by a preventable medical error.
Types of Harm Linked to Untreated Jaundice
When jaundice isn’t treated in time, the excess bilirubin can cross into the brain, causing a condition called bilirubin encephalopathy. If this progresses, it can result in kernicterus, a form of brain damage that can lead to long-term disabilities such as:
- Hearing loss: High bilirubin can damage the parts of the brain that control hearing.
- Cerebral palsy: Severe jaundice can cause movement disorders and muscle rigidity.
- Developmental delays: Babies may experience difficulty with speech, coordination, and learning.
- Vision problems: Brain damage from untreated jaundice can lead to eye movement disorders.
These complications are often preventable with prompt diagnosis and treatment.
Who May Be Liable for Jaundice?
When a newborn suffers harm from untreated or mismanaged jaundice, several parties could be held responsible, including:
- Obstetricians: If the doctor failed to identify risk factors during pregnancy or delivery that increased the baby’s chances of developing jaundice, they could be held responsible.
- Pediatricians: If they didn’t order bilirubin tests or delayed necessary treatment, pediatricians could be held liable.
- Hospital staff: Nurses and technicians who failed to observe and report symptoms may share liability.
- The hospital itself: If inadequate training, poor policies, or staffing issues contributed to the oversight, the hospital may be liable.
Ultimately, liability will depend on where the negligence occurred and who had the duty to monitor and treat the baby. A birth injury lawyer can review medical records, consult experts, and determine who failed to meet the accepted standard of care.
How a Lawyer Can Help After a Birth Injury
If you suspect that medical negligence caused your baby’s jaundice complications, you need to speak with an experienced medical malpractice attorney. These cases often require in-depth investigation and expert testimony to prove what went wrong. A skilled lawyer can:
- Review medical records and hospital protocols: They’ll identify where mistakes occurred and whether the standard of care was breached.
- Consult medical experts: Specialists can help establish how the baby’s injuries could have been prevented with proper care.
- Calculate damages: An attorney will assess both immediate and long-term costs, including medical treatment, therapy, and special education needs.
- Handle negotiations or litigation: They’ll represent your family in settlement discussions or court and defend your rights every step of the way.
Legal guidance can help families hold providers accountable and pursue compensation for medical and long-term needs.
Contact a Birth Injury Lawyer
Jaundice itself is not always a sign of negligence, but when it’s ignored, misdiagnosed, or left untreated, the consequences can be devastating.
If your newborn suffered complications because doctors or nurses failed to do their job, a birth injury attorney from Anidjar & Levine can help you pursue damages.
Book a free consultation to commence the legal process today.
We Can Help.
