Bilirubin encephalopathy, sometimes called kernicterus, is a severe brain injury that newborns may suffer if not properly diagnosed and treated. If your child has been diagnosed with bilirubin encephalopathy after birth, you may feel overwhelmed by long-term care needs, therapy costs, and uncertainty about the future.
When this birth injury results from medical errors and mistakes, families have the right to pursue compensation. A Florida bilirubin encephalopathy lawyer can investigate what went wrong and help you seek financial recovery to support your child’s health and future.
Types Of Compensation You Can Pursue For Medical Malpractice In Florida
Florida law recognizes several categories of damages in malpractice claims. Our Florida medical malpractice lawyers can help you build a claim and pursue the following types:
Economic Damages You May Seek
These damages repay measurable financial losses caused by the injury, both now and in the future:
- Medical expenses: Costs of NICU stays, phototherapy, exchange transfusions, surgeries, and later treatments
- Future care needs: Rehabilitation, medications, assistive devices, home nursing, and specialist visits
- Education and therapy: Occupational, physical, and speech therapy, plus individualized education plans
- Lost income: Wages lost when parents must leave or reduce work to care for the child
- Home and vehicle modifications: Ramps, lifts, and adaptive equipment to make daily life manageable
Economic damages are documented using medical records, receipts, employment data, and expert cost projections. They ensure families can keep up with immediate bills and plan for decades of care.
Non-Economic Damages Affecting Quality Of Life
Non-economic damages address life changes that cannot be measured with receipts but have a profound impact:
- Pain and suffering: The physical discomfort and emotional distress linked to the injury and ongoing treatments
- Loss of enjoyment of life: Reduced ability to participate in play, school, and independent activities
- Emotional impact on the family: Anxiety, grief, and strain on relationships due to caregiving demands
Though harder to calculate, these damages recognize the lasting toll on a child’s day-to-day experience and the family’s overall quality of life.
Wrongful Death Damages For The Family’s Loss
If bilirubin encephalopathy leads to death, Florida law allows eligible family members to seek compensation, including funeral and burial costs, prior medical expenses, and the pain and suffering of the family.
These damages help families manage the financial and emotional impact of a devastating, preventable loss. A Florida fetal death lawyer can explain your options and help you seek justice.
You May Also Qualify For Punitive Damages
Punitive damages are awarded by a judge or jury. They are reserved for extreme cases where a provider’s conduct was reckless or showed a conscious disregard for patient safety. They are not tied to the family’s losses but serve as a penalty and deterrent.
How Medical Malpractice Causes Bilirubin Encephalopathy
Bilirubin encephalopathy is preventable when providers follow safe newborn care standards. It occurs when bilirubin, a yellow pigment created as the body breaks down red blood cells, builds up to toxic levels and enters the brain. Newborns are especially vulnerable because their livers may not yet process bilirubin efficiently. Although jaundice is common and usually harmless, failure to diagnose and treat dangerously high bilirubin levels can lead to permanent neurological damage.
Malpractice may occur when medical professionals:
- Fail to monitor bilirubin levels
- Delay diagnosis or skip treatment
- Provide poor communication
- Neglect escalation of care
A malpractice investigation focuses on where the standard of care broke down. We review records, consult experts, and identify critical moments where action could have prevented harm.
Symptoms And Long-Term Effects Of Bilirubin Encephalopathy
The condition’s impact can range from moderate to severe and often requires lifelong support. Because bilirubin damages specific areas of the brain, especially regions controlling movement and hearing, the resulting disabilities are wide-ranging.
Movement Disorders (Athetoid Cerebral Palsy)
Children may have involuntary writhing or twisting movements, muscle stiffness, poor balance, and difficulty sitting or walking without support. Fine motor skills, like writing or feeding themselves, can be limited.
Hearing Loss And Auditory Neuropathy
Some children lose partial or total hearing. Others experience auditory neuropathy, where sound enters the ear but the brain has trouble interpreting it. This can delay speech and language development.
Cognitive And Learning Delays
Damage can cause mild to severe intellectual disability, slower processing, memory challenges, and difficulty with problem-solving. Some children may attend specialized schools or require individualized learning plans.
Speech, Feeding, And Swallowing Difficulties
Oral motor control may be impaired, leading to trouble speaking clearly, swallowing safely, or controlling saliva. Dental enamel can be thin or missing, creating ongoing oral health challenges. Feeding tubes or speech therapy may be needed.
Visual Issues
Some children develop visual impairments like trouble tracking objects or strabismus (crossed eyes).
Behavioral And Emotional Effects
Frustration from physical limitations and communication barriers can cause mood swings, anxiety, or social withdrawal.
Families often need adaptive equipment such as wheelchairs, specialized seating, and hearing aids. Therapy is usually long-term and may include physical, occupational, speech, and behavioral interventions. These needs create significant financial strain and emotional challenges, but also form the basis for compensation claims.
Identifying All Liable Parties
Medical negligence can involve more than one person or institution. Liable parties for a bilirubin encephalopathy lawsuit may include:
- Obstetricians, pediatricians, nurses, or midwives
- Hospitals and birthing centers
- Laboratories and testing services
We look beyond the immediate care provider to uncover every source of coverage and accountability. This is especially important when damages are substantial, and one provider’s insurance is not enough to cover lifelong costs.
Proving Medical Malpractice In Florida
To succeed in a Florida bilirubin encephalopathy claim, we must establish four elements:
- Duty of care: The healthcare professional had a legal obligation to provide safe and appropriate newborn care.
- Breach of duty: The provider failed to act as a reasonable, similarly trained professional would under the circumstances.
- Causation: This breach directly caused bilirubin levels to rise to a dangerous level, leading to brain damage.
- Damages: The child and family suffered measurable harm, including medical costs, disabilities, and emotional losses.
Florida law requires expert testimony to connect these points. Neonatologists, pediatric neurologists, and other specialists explain how the care fell short and why the injury could have been avoided. Their analysis is critical to persuading insurers and juries.
Deadline For Filing A Florida Medical Malpractice Claim
Florida has strict filing statutes of limitations for medical malpractice:
- Two–year statute of limitations: Most claims must be filed within two years of when you discovered or should have discovered the negligence.
- Extended time for minors: If the injured patient is under eight years old, the claim may be filed until the child’s eighth birthday, even if more than two years have passed.
- Discovery exceptions: When harm is not immediately clear, the timeline may extend slightly, but usually no more than four years from the malpractice.
Because deadlines are complex and strict, waiting can result in losing the right to sue. Acting quickly allows us to collect evidence before records are lost and memories fade.
Speak With A Medical Malpractice Law Firm Today
Call Anidjar & Levine today for a free consultation. We will review your case, explain your rights under Florida law, and fight for the financial recovery your child and family deserve.
We Can Help.
