Kernicterus and Severe Jaundice. How Medical Malpractice may be Responsible

author by Bruce Fagel on Oct. 03, 2012

Accident & Injury Medical Malpractice Accident & Injury  Personal Injury Accident & Injury  Wrongful Death 

Summary: Kernicterus is a rare form of brain damage that is caused by severe jaundice resulting from high levels of bilirubin that is not treated. Kernicterus can be prevented; unfortunately, because of medical malpractice, some babies will develop this disorder.

Kernicterus is a rare form of brain damage that is caused by severe jaundice resulting from high levels of bilirubin that is not treated.  Kernicterus can be prevented; unfortunately, because of medical malpractice, some babies will develop this disorder.

In order to better understand kernicterus, we need to outline the conditions that lead up to this condition.  Starting with bilirubin; a fluid that is created by the liver in newborns after older red blood cells are replaced by new blood cells.  The baby’s liver breaks down this bilirubin so that it can be eliminated from the body in the stool.  If there is a high level of bilirubin in the baby’s body, it can cause the skin to turn a yellowish color, which is referred to as jaundice.  Although many children experience jaundice (estimates place this around half the children born), the condition usually goes away on its own within a few days.

If the bilirubin levels become dangerously high, the bilirubin may leave the blood stream and enter the brain tissues where it can cause serious neurological damage, including permanent brain damage, developmental disabilities, athetoid cerebral palsy, eye problems, hearing problems (including deafness) and even death.  If a child develops athetoid cerebral palsy, they may experience uncontrolled movements, the inability to maintain posture, slurred speech, problems swallowing, and low muscle tone.

When newborn children develop jaundice, they need to be monitored. If the bilirubin levels become excessively high, this is called hyperbilirubinemia, and the baby will need photo therapy treatment to reduce the excess bilirubin.  In some instances a blood transfusion may be required to reduce the bilirubin levels.  It’s important to note that parents should not place their baby in direct sunlight as a means of attempting to treat jaundice, but should contact the doctor instead.

When hyperbilirubinemia or severe jaundice begins damaging the brain tissue, then kernicterus has developed and requires immediately medical attention to prevent further permanent brain damage from occurring. Parents should pay attention to the following kernicterus warning signs:

  • The baby has a high pitched cry that sounds abnormal
  • The baby is excessively sleepy and difficult to wake up
  • The baby is arched in a bow-like position whereby the head and heels are bent backwards while the body is arched forward
  • The baby will not startle from touching or sudden movements
  • The baby has either a limp or stiff body
  • The baby has a fever, suffers from seizures, or is displaying unusual eye movements
It’s important to understand that if your child has developed kernicterus, permanent brain damage has already begun and immediate medical treatment needs to be administered to stop further brain damage from occurring.  As the child gets older there are treatments which can help him or her better cope with the condition including physical therapy, speech therapy, and special education. 

If you would like a free consultation with Dr. Fagel to discuss your baby’s kernicterus and find out if medical malpractice may have been responsible, please call the Law Offices of Dr. Bruce G. Fagel & Associates at (800) 541-9376 right away.  You can also view an informative kernicterus video featuring Dr. Fagel.

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