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Bringing a newborn into the world is one of life’s most exciting and joyful experiences for parents. However, when medical professionals fail to monitor and treat conditions like neonatal jaundice properly, it may result in injury to your child. It is crucial to consult with a trained birth injury attorney about filing a claim because, when the condition is left unchecked, it can cause lifelong damage to your baby.
Our Philadelphia jaundice injury lawyers are here to provide legal assistance during these difficult times. We will work diligently on a case to bring accountability and justice to the at-fault party.
What Is a Jaundice Injury?
A jaundice injury occurs when high bilirubin levels cause brain damage in a newborn’s bloodstream. Bilirubin is a yellow pigment formed during the normal breakdown of red blood cells. Although mild jaundice can be common in infants, heightened levels of bilirubin that cross the blood-brain barrier can permanently injure the baby’s brain tissues.
This type of condition, known as acute bilirubin encephalopathy or kernicterus, is preventable and results from the failure to adequately monitor, diagnose, and treat severe neonatal jaundice. The attorneys in our Philadelphia office will examine the basis of a claim for jaundice to determine if negligence played a role in the injury.
Causes of Jaundice Injuries
Several causes of negligence can lead to jaundice injuries in infants:
- Delayed treatment
- Early discharge policies
- Failure to monitor bilirubin levels
- Incorrect reading of bilirubin levels
The most common cause of jaundice injuries in babies is a failure to monitor bilirubin levels properly. Healthcare providers should consistently check bilirubin through blood tests, especially if there is visible jaundice. Even during the screening, jaundice injuries can still occur from misinterpreting the test results.
Medical staff must be adequately trained to identify when bilirubin readings are at a dangerously high level of hyperbilirubinemia. Any delay in ordering treatment, such as phototherapy or exchange transfusions, heightens the risk of bilirubin crossing the blood-brain barrier. Phototherapy must be applied correctly at the proper wavelengths and for a certain period to bring bilirubin down to safer levels. When this treatment is suboptimal, it leaves the baby at a heightened risk of brain damage. A trained Philadelphia attorney can examine the facts of a jaundice injury case to ensure that every detail is accounted for in a claim.
Stages of a Medical Malpractice Suit
The first stage in a medical malpractice lawsuit is the investigative portion, which involves gathering all relevant documentation, test results, medical records, and imaging scans. An experienced attorney works closely with medical experts to review the evidence. During this stage, the defendants are identified. Defendants to a suit can be a doctor, nurse, hospital staff, or healthcare facility who deviated from accepted standards of care due to errors in diagnosis, treatment, after-care, or management of a patient’s condition.
Once it is determined that there is a viable malpractice case, the next stage involves filing a lawsuit and the pre-trial litigation process. Our Philadelphia attorneys draft and serve the initial complaint, conduct discovery procedures like depositions, and engage in negotiations regarding a jaundice injury settlement. The case may proceed to trial when a settlement cannot be reached.
What Happens at Trial?
At the trial stage, our attorneys work hard to select an impartial jury, deliver opening and closing statements, and examine witnesses from both sides. The onus is on the people bringing the injury claim to establish through medical evidence and expert testimony that the defendant or defendants were negligent and that their actions violated the standard of care and caused direct injury. The judge or jury decides if malpractice occurred based on a preponderance of evidence and decides the appropriate compensation for damages like medical costs, lost income, and pain and suffering.
Call a Philadelphia Jaundice Injury Attorney Today About Your Claim
When your baby sustained a jaundice injury due to medical negligence, you deserve justice and compensation. Our experienced jaundice injury lawyers at Lowenthal & Abrams can investigate whether doctors, nurses, or hospital staff failed to follow accepted protocols.
Although we understand that no amount of money can undo the harm, it can provide just compensation and accountability. Please do not hesitate to have your case evaluated. Contact our law firm today to set up an initial consultation.
