Failure to Treat Jaundice & High Bilirubin Attorneys
Jaundice is one of the most common conditions in newborns. In the vast majority of cases, it is mild, temporary, and easily treated. Because it is so common, there is a clear, established “roadmap” that doctors are required to follow to ensure it does not become dangerous.
Brain damage from jaundice is not a natural occurrence—it is almost always the result of medical negligence.
If your child suffered permanent brain injury, Cerebral Palsy, or Kernicterus because a doctor dismissed your concerns or delayed treatment, the medical system failed you. At McKeen & Associates, PC, we hold hospitals accountable for the failure to treat high bilirubin levels before they cause irreversible harm.
The “Wait and See” Error: When Negligence Begins
Many parents are told by pediatricians that their baby’s yellow skin is “normal” and to simply “wait and see” or place the baby in sunlight. While mild physiological jaundice is normal, pathologic jaundice—which rises rapidly in the first 24 hours—is a medical emergency.
Medical standards require doctors to act, not guess. Physicians must use tools like the Bhutani Nomogram, a chart that plots a baby’s bilirubin levels against their age in hours. This chart tells the doctor exactly when risk levels are becoming critical.
Negligence often occurs when a doctor:
- Fails to test: Discharging a baby who is visibly yellow without ordering a simple blood test (TSB).
- Ignores the chart: Seeing that a baby is in the “High-Risk Zone” on the Nomogram but sending them home anyway.
- Misses risk factors: Failing to account for prematurity, bruising (cephalohematoma), or ABO/Rh blood type incompatibility, all of which accelerate jaundice.
Treatments That Were Delayed or Missed
The tragedy of jaundice-related brain injuries is that the treatment is simple, non-invasive, and highly effective. When these treatments are delayed, bilirubin crosses the blood-brain barrier and attacks the brain tissue. If your child was injured, it is likely because the medical team failed to order these standard interventions in time:
1. Phototherapy (“Bili-Lights”)
This is the first line of defense. Blue-spectrum lights help the baby’s body break down bilirubin so it can be excreted. Failure to start phototherapy when bilirubin levels hit the treatment threshold is a direct violation of the standard of care.
2. Exchange Transfusion
If phototherapy fails or if levels are critically high (often approaching 25 mg/dL), doctors must perform an exchange transfusion. This procedure replaces the baby’s blood with healthy donor blood to rapidly lower bilirubin levels. A delay in ordering this emergency procedure can be fatal or cause catastrophic injury.
The Consequence: Kernicterus and Cerebral Palsy
When high bilirubin is left untreated, it causes a specific type of brain damage known as Kernicterus (Chronic Bilirubin Encephalopathy). This damage is often permanent and devastating.
Kernicterus frequently leads to:
- Dyskinetic Cerebral Palsy: A form of CP characterized by involuntary muscle movements.
- Hearing Loss: Damage to the auditory nerves.
- Gaze Abnormalities: Difficulty moving eyes upward.
- Developmental Delays: Significant cognitive impairment.
If your child has been diagnosed with Kernicterus, it is strong evidence that the jaundice was not managed correctly. This condition does not occur when medical standards are followed.
Why Choose McKeen & Associates, PC?
We are not a general practice firm; we are a specialized birth injury litigation team with a national reputation for results. Our firm has secured numerous multi-million dollar verdicts specifically for children injured by medical negligence.
We have the resources to hire top neonatologists and neurological experts to review your child’s medical records. We can pinpoint the exact moment the doctor should have intervened—and didn’t.
Free Consultation | No Fee Unless We Win
You cannot go back and change the diagnosis, but you can secure the resources your child needs for their future care. Contact us today specifically to discuss your jaundice or Kernicterus case.
Call us at 313-524-8570 or contact us online for a free case review.