Jaundice in Newborns: Is It Due to Medical Malpractice?

Infant jaundice is something that many parents face in the first days or weeks of their little one’s life. Jaundice happens when there is too much bilirubin, a protein type, in the baby’s bloodstream. This occurs because a baby’s liver isn’t entirely effective yet. There is no way to prevent neonatal jaundice. The best thing to do is look out for the signs so that you can seek treatment.

For a majority of babies, they heal and do not suffer long-term injury. Unfortunately, some babies experience long-term conditions due to medical malpractice or negligence.

Signs of Jaundice

Jaundice will generally present itself within the first hours to days after birth. Common symptoms of jaundice include being sleepier than usual, yellowing skin, poor feeding, yellow of the whites of the eyes, or a high-pitched cry.

Symptoms typically appear on the face and move to the chest, stomach, and legs.

Emily Thomas represents birth injury and medical malpractice clients with the Birth Justice Law Firm in Royal Oak, Michigan. “The typical treatment for jaundice is phototherapy or sunlight. They tell moms with jaundiced babies to put them in the sunlight or by a window. But it’s very important that if the jaundice is not resolving or going away, the pediatrician monitors the baby’s bilirubin levels and adjusts treatment.”

What Happens if Newborn Jaundice Is Left Untreated?

Untreated jaundice in a newborn baby typically resolves itself on its own. However, if it doesn’t, medical treatment is required. The buildup of bilirubin eventually develops into kernicterus. A healthcare provider should see the signs that the jaundice is progressing instead of improving during follow-up appointments.

Once jaundice develops into kernicterus, it can cause brain damage, neurological impairment, learning disabilities, deafness, and possibly athetoid cerebral palsy. The child can experience lifelong suffering when managing these conditions.

Can a Newborn Die From Jaundice?

If left untreated, jaundice can become a potentially fatal condition. While this is rare, it happens from significantly high levels of bilirubin in the blood. The bilirubin crosses over the thin tissue layer that surrounds the brain. The bilirubin damages the brain and spinal cord, which can lead to death.

Thomas expresses the seriousness of this condition: “While it’s a process that occurs naturally in transitioning from the womb to the outside world, if it’s not treated, it can cause permanent brain damage or death. It’s very serious.”

How Can Jaundice Be Treated?

The prescribed treatment for jaundice will depend on the baby’s bilirubin levels, age, and other conditions. When diagnosed early, jaundice can be treated efficiently. Mild jaundice typically does not require treatment and will go away on its own in a day or two. If it is a more severe case of jaundice, the baby may need medical care. This could include administering fluids or phototherapy. Light therapy turns the bilirubin into a form that makes it easier for the body to pass. Your medical provider will likely want to do blood tests to monitor bilirubin levels.

Severe jaundice cases may require more extensive treatment, such as a blood transfusion. By replacing the baby’s blood, doctors can remove excess bilirubin quickly. Some babies require additional intravenous immunoglobulin (IVIg) treatment if they have blood type incompatibilities. This treatment prevents the red blood cells from getting attacked by antibodies. This helps to reduce the need for an exchange transfusion.

The Link Between Jaundice and Medical Malpractice

Jaundice is a common condition that babies experience in the first days to weeks of life. Medical professionals can overlook warning signs and not take the signs of jaundice seriously. This can lead to babies with jaundice and additional risk factors experiencing avoidable injury.

The court will examine what a reasonable doctor would have done and compare it to the medical professional’s actions. Common negligent actions include:

• Failure to diagnose
• Failure to monitor
• Misinterpreted test results
• Improper treatment
• Lack of adequate follow-up care

When a parent notifies their medical provider that their baby exhibits signs of jaundice, it is up to the provider to perform the standard tests. This could include a physical exam, skin test, or laboratory test. The provider may then prescribe a treatment plan to address the jaundice. If the provider fails to do this, there could be a medical malpractice claim.

Thomas explains that a baby’s pediatrician has a duty to monitor. “[It’s] a matter of routine. When you take your newborn to their regular pediatric visits after birth, the pediatrician should still be testing their bilirubin levels. Jaundice coincides with hyperbilirubinemia. So a pediatrician, especially in those first crucial weeks of life, should be monitoring to make sure those levels are coming down.”

When Should a Medical Malpractice Claim Be Filed?

A medical malpractice lawsuit is a legal tool that aims to make an injured party whole when they suffer injury or loss due to another’s actions. A baby experiencing jaundice is not enough to warrant a medical malpractice claim. However, if your baby experienced severe jaundice that resulted in injury or an ongoing medical condition, you might have a medical negligence or malpractice claim.

You may want to consider filing a medical malpractice claim if your baby suffered injury or damages due to the negligent action of your medical provider. These injuries are typically permanent impairments impacting development, speech, and hearing. This happens as a result of the baby suffering brain damage due to their jaundice not getting treated.

What Kinds of Damages Can I Collect for a Jaundice Birth Injury?

Medical malpractice cases can encompass a wide range of possible damages. Speaking with birth injury lawyers can help you understand the full extent of potential damages for which you can seek compensation.

One aspect of your damages will encompass your financial damages. These include medical bills, hospital expenses, subsequent necessary surgeries, and ongoing therapy treatment. You may also need to pay for in-home care to help you care for your baby. Then there are the physical injuries that your baby has experienced, such as brain damage, hearing loss, neurological damage, or athetoid cerebral palsy. These are diagnosable conditions that a medical professional can verify.

Some injuries do not have an invoice or bill that defines your expense, damage, or injury. An attorney can help you gather evidence to prove your case for additional injuries:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

These are harder to prove as they are subjective to each individual and case. A birth injury lawyer can help you gather the necessary evidence to make your claim.

Thomas explains how compensation gets handled: “The money is usually put into a conservatorship or a trust. More often than not, a trust is used, and usually a special needs trust, because that’s a special trust for people with disabilities. There is a trustee who oversees the trust, and the money can only be spent to benefit the child under certain laws that are in place.”

How a Birth Injury Attorney Can Help

It can feel upsetting to think that your baby suffered because the medical professionals you trusted let you down. However, birth injury cases are not simple. The court analyzes each case to consider what a reasonable doctor would have done and if the injuries suffered are a direct result of medical malpractice. Speaking with medical malpractice attorneys specializing in birth injury cases will help you understand your legal rights and remedy options.

Visit the Super Lawyers directory to find a birth injury attorney.