Newborn jaundice is a prevalent condition, affecting approximately 60 percent of infants. [1] In cases where negligence or malpractice leads to worsened outcomes for infants with jaundice, seeking legal assistance is essential. Rosenfeld Injury Lawyers can help you recover compensation for your newborn jaundice case.
What Is Newborn Jaundice?
Newborn jaundice is a condition characterized by a yellowing of a baby’s skin and eyes, primarily caused by elevated levels of bilirubin, a yellow pigment produced during the breakdown of red blood cells. This condition is common and typically resolves on its own, but severe newborn jaundice may require medical intervention to treat jaundice and prevent serious complications.
Can You Sue for Newborn Jaundice?
Yes, you can sue for newborn baby jaundice if it can be proven that medical negligence led to severe health complications for your baby. This could include failure to properly diagnose jaundice or failure to treat infant jaundice, resulting in conditions like kernicterus, cerebral palsy, or developmental delays.
Newborn Jaundice as Medical Malpractice
Medical malpractice in the context of infant jaundice arises in a number of situations, including:
- Failure to Diagnose: Not identifying jaundice early can lead to severe conditions like kernicterus.
- Inadequate Monitoring: Insufficient bilirubin level checks may result in untreated hyperbilirubinemia.
- Delayed Treatment: Slow intervention with phototherapy treatment or blood transfusion might cause permanent damage.
Proving a Newborn Jaundice Medical Malpractice Claim
To successfully prove an infant jaundice claim, four key elements must be established:
- Duty of Care: The healthcare provider owed a duty of care to your newborn.
- Breach of Duty: The provider failed to meet the standard of care.
- Causation: The breach directly caused the injuries or worsened the condition.
- Damages: There were specific damages resulting from the malpractice, such as medical care bills or long-term care costs.
Establishing Liability for Newborn Jaundice Birth Injury Cases
In cases of severe newborn jaundice birth injuries, identifying potential liable parties is crucial for a successful legal claim. Several entities could be held accountable, including:
- Obstetricians and Neonatologists: These medical professionals are responsible for the health and well-being of both mother and child during labor and delivery. For example, if a neonatologist fails to monitor bilirubin levels adequately and doesn’t treat jaundice, they could be held liable for the resulting injuries.
- Hospital Staff: Nurses and other healthcare workers involved in the newborn’s care play a significant role in early diagnosis and monitoring. For instance, a nurse who neglects to report signs of severe jaundice or delays the initiation of phototherapy could be considered negligent.
- Hospitals and Medical Institutions: The healthcare facility itself may bear responsibility for systemic issues, such as inadequate staffing or lack of proper protocols for jaundice screening.
- Pediatricians: These doctors provide follow-up care after discharge and are responsible for continued monitoring and timely intervention. Should a pediatrician fail to schedule necessary follow-up bilirubin checks, resulting in severe jaundice complications, they could face liability issues.
Damages You Can Recover in a Newborn Jaundice Lawsuit
- Medical Expenses: Compensation for past and future medical bills related to the treatment of jaundice and any resulting conditions. For example, costs for extended hospital stays or specialized care.
- Lost Wages: Reimbursement for income lost by parents who had to take time off work to care for their affected child.
- Loss of Future Earnings: In cases where jaundice results in permanent disability, families can claim for the potential loss of the child’s future income.
- Pain and Suffering: Monetary awards for the physical pain and emotional distress experienced by the newborn and family.
- Wrongful Death: In tragic cases where jaundice leads to fatal outcomes, families can seek damages for loss of companionship, funeral expenses, and other related costs. Working with a skilled wrongful death lawyer is essential to navigate these complex claims effectively.
Why You Need a Newborn Jaundice Medical Malpractice Lawyer
Navigating the complexities of an infant jaundice case requires legal expertise. Our team excels in handling medical malpractice cases, offering personal attention and dedicated representation.
With extensive experience, we understand the nuances of these claims and are committed to securing the best outcomes for our clients. Here’s how we can help:
- Evidence Collection: We gather all necessary medical records, expert testimonies, and other documents to build a strong case.
- Consulting Experts: Our network includes seasoned medical experts who can provide critical insights and validate the malpractice claims.
- Calculating Compensation: Accurately assessing damages is vital. We ensure all potential expenses, including future costs and non-economic damages, are comprehensively calculated.
- Negotiating with Insurance Companies: Skilled in negotiation, we engage with insurance firms to secure fair settlements, relieving you of the stress involved.
- Trial Representation: If a fair settlement cannot be reached, our experienced trial lawyers are prepared to advocate zealously for you in court.
There’s Limited Time to Take Legal Recourse
The statute of limitations for filing a claim can vary significantly depending on your state’s law. These time limits are strict, and missing the deadline can result in the forfeiture of your right to seek compensation. To ensure you don’t miss any critical deadlines, our birth injury lawyers can help you determine if you have a viable claim and understand the specific time constraints applicable to your case.
The Cost of Hiring a Newborn Jaundice Attorney
Many families understandably worry about the cost of hiring a specialized attorney to handle their newborn jaundice case. At Rosenfeld Injury Lawyers, we operate on a contingency fee basis. This means that you do not pay any attorney fees unless we successfully secure a settlement or verdict in your favor.
Our contingency fee arrangement ensures you can access top-quality legal representation without any upfront costs or financial risk. Financial constraints should not prevent you from seeking justice and the compensation you deserve.
Contact an Experienced Newborn Jaundice Birth Injury Lawyer Today!
Infant jaundice cases require the expertise and dedication of a skilled legal team to navigate the complexities involved and to secure the best possible outcome for your family. At Rosenfeld Injury Lawyers, our experienced newborn jaundice attorneys are committed to providing compassionate and diligent representation. We offer free initial consultations to discuss the specifics of your case, and our team is available 24/7 to answer any questions you may have.
Consult a preventable birth injury lawyer by filling out our online form or calling us at (888) 424-5757.
Resources: [1] March of Dimes