If your child has been diagnosed with kernicterus, you're likely feeling a whirlwind of emotions—fear for their future, frustration over mounting medical bills, and anger that this condition might have been preventable. You may be questioning how this happened and wondering what you can do to secure the care your child needs.
Kernicterus often results from medical negligence, and failing to take legal action could leave your family burdened with lifelong medical expenses and limited access to the resources your child needs for therapy, education, and care. Acting now is key to protect your child's rights and future.
Legal action isn't just about seeking compensation - it's about ensuring your child has the best possible chance at a bright future. Contact us today for a free consultation to take the first step toward justice and accountability.
Do You Have a Case for a Kernicterus Claim?
If your child has suffered from kernicterus due to medical negligence, you may have a legal claim. To establish a case, several elements must be proven.
Doctor-Patient Relationship
To file a kernicterus claim, you must first establish that a formal doctor-patient relationship existed between the medical professional and your child (or you, as the parent). This relationship creates a legal obligation for the doctor to provide care that meets accepted medical standards. Evidence such as medical records, appointment history, and treatment notes can demonstrate this connection.
Breach of Duty
A breach of duty occurs when medical professionals fail to meet the accepted standard of care. In kernicterus cases, this includes neglecting to monitor jaundice symptoms, delaying vital bilirubin testing, or providing inadequate treatment such as failing to initiate phototherapy or blood transfusions. These oversights put newborns at significant risk for preventable harm.
Causation
It's not enough to show that the duty of care was breached; you must also prove that the breach directly caused the development of kernicterus. For example, if a healthcare provider's failure to act resulted in severe bilirubin levels, leading to brain damage, this establishes a clear link between negligence and harm.
Damages
Finally, the claim must demonstrate measurable damages resulting from the negligence. These damages can include:
- Past and future medical expenses.
- Costs of long-term care and therapy.
- Loss of earning capacity.
- Pain and suffering, including the emotional toll on the family.
- Other out-of-pocket costs related to the child's condition.
Statute of Limitations
Maryland law imposes strict time limits for filing medical malpractice claims. An action must be filed within the earlier of:
- Five years from the date the injury was committed, or
- Three years from the date the injury was discovered.
- Minors: For individuals under 18 at the time of injury, the statute of limitations typically begins when they reach adulthood. This means they have until their 21st birthday to file a claim.
Preventing Kernicterus and Medical Negligence
With proper medical care and monitoring,kernicterus is entirely preventable, making cases of negligence particularly devastating.
Adhering to the Standard of Care
Healthcare providers have aresponsibility to monitor newborns for signs of jaundice, particularly during the first days of life. When jaundice is identified, they must act promptly to assess bilirubin levels and initiate treatment, such as phototherapy or, in severe cases, exchange transfusions.
Medical Negligence and Delayed Treatment
- Failing to recognize risk factors for jaundice, such as prematurity or a family history of the condition.
- Delaying or neglecting bilirubin testing despite visible signs of jaundice.
- Misinterpreting test results or failing to provide appropriate treatment in a timely manner.
When healthcare providers fail to follow these protocols, they breach their duty of care, and the resulting harm may be classified as medical negligence.
Could Kernicterus Have Been Prevented?
If your child has been diagnosed with kernicterus, it's important to consider whether proper medical attention could have avoided this outcome.
- Were signs of jaundice identified and addressed promptly by healthcare providers?
- Were appropriate tests performed to measure bilirubin levels?
- Was adequate treatment provided in a timely manner?
If the answer to any of these questions is no, it may indicate that your child's condition was preventable.
Our team of Baltimore kernicterus lawyers is here to help you determine whether medical negligence played a role in your child's injury. We will review your case, gather evidence, and fight to hold negligent providers accountable. Contact us today for a free consultation to explore your legal options.
Legal Rights and Pursuing a Claim
If your child's kernicterus was caused by medical negligence, you have the right to seek compensation. Filing a claim with our Baltimore birth injury lawyer will provide the financial support needed for your child's medical care and long-term needs.
Steps to pursuing a kernicterus claim include the following:
- Explaining your legal rights: Our attorneys will help you understand your right to hold negligent healthcare providers accountable and seek compensation for medical expenses, therapy, and more.
- Gathering evidence: We will collect and review medical records, test results, and other documentation to build a compelling case on your behalf.
- Working with medical experts: Our team collaborates with trusted medical professionals to establish that the standard of care was not met and to prove how negligence caused your child's injury.
- Maryland's statute of limitations: We'll ensure your claim is filed within the required deadlines—three years from discovery of the injury or five years from when it occurred. For minors, we'll help you utilize the extended timeline until their 21st birthday.
- Providing skilled legal representation: From filing your claim to negotiating with insurers or taking your case to court, our attorneys will handle every step to fight for the compensation your family deserves.
Pursuing a claim isn't just about holding negligent providers accountable; it's about securing the resources your child needs for a better future. Contact us to explore your legal options today.
Who Can You Hold Liable?
When kernicterus results from medical negligence, several parties may be held accountable for failing to provide proper care. Determining liability is a key step in pursuing compensation for your child's injuries.
Parties that can be held liable:
- Doctors: Physicians who fail to recognize or treat jaundice symptoms promptly may be liable for their negligence.
- Hospitals or medical facilities: Facilities can be held accountable for inadequate staffing, faulty equipment, or failure to ensure proper protocols were followed.
- Nurses and medical staff: Negligence by nurses or other staff members, such as failing to report symptoms or perform necessary tests, may also lead to liability.
- Laboratories or technicians: Errors in testing bilirubin levels or interpreting results can contribute to the development of kernicterus and result in liability.
- Pediatricians: Pediatricians who neglect follow-up care or dismiss parental concerns about jaundice symptoms can be held responsible for the outcome.
How to Get in Touch With Us
We make it easy for you to reach out and get the support you need. Contact us today for a free consultation to discuss your kernicterus case.
- Telephone: Call us anytime at (443)-845-1456. We are available 24/7 to assist you.
- Contact Form: Fill out the online form to share your details, and we'll respond promptly.
- Email: Reach out to us on email, and we'll reply as soon as possible.
Your child's future matters. By taking action today, you will secure the financial resources needed to provide them with the care and support they deserve.
Meet Your Baltimore Birth Injury Attorney
At Frank Spector Law, we are committed to being your trusted partner in the fight for justice.
His compassionate approach and thorough knowledge of birth injury cases, including kernicterus claims, ensure that your family's rights are protected every step of the way. When you work with us, you're not just hiring an attorney—you're gaining an advocate who will stand by your side through every challenge.
Frank Spector has decades of proven track record of handling complex medical malpractice cases, securing favorable outcomes for his clients. His expertise in Maryland's legal system and his relentless pursuit of justice translate directly into results for families like yours.
At our firm, we understand the emotional and financial strain a birth injury can place on your family. You don't have to face this alone. Our experienced birth injury lawyers are here to guide you through this journey and fight for the compensation your child needs to thrive.
Don't Delay in Starting Your Claim
In Maryland, the statute of limitations for medical malpractice cases is strict. Claims must generally be filed within three years of discovering the injury or five years from when the injury occurred, whichever is earlier. For minors, the timeline often extends until their 21st birthday. Missing these deadlines can prevent you from pursuing compensation for your child's injuries.
Time is of the essence in kernicterus cases. Acting quickly allows our attorneys to gather essential evidence, consult with medical experts, and build a strong case on your behalf. Don't risk losing the opportunity to seek justice—contact our lawyer today for a free consultation and take the first step toward securing your family's future.
Free Consultation & Our Fees
During this consultation, our attorneys will evaluate your case, answer your questions, and explain the steps involved in pursuing justice for your child.
At Frank Spector Law, we work on a contingency fee basis, meaning you pay nothing unless we secure compensation for you. This ensures that families like yours can access high-quality legal representation without worrying about upfront costs. Let us handle the legal process so you can focus on your child's care—contact us today to get started.