Having a baby should be remembered as an incredible moment in life. However, if the mother or child suffers an injury during birth, the memories…
Kernicterus compensation claims
Find out when you may be able to claim compensation if your child developed kernicterus due to negligent jaundice care or delayed treatment.
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Kernicterus Claims
If your child was affected by kernicterus because of medical negligence, you may be entitled to compensation. A successful kernicterus claim can cover your child’s ongoing care and treatment, medical aids, rehabilitation, pain and suffering and any loss of earnings linked to caring for them.
Kernicterus is a rare and often preventable condition that can result from medical negligence, such as a failure to diagnose or manage jaundice properly. The consequences can be devastating, and can include permanent brain damage, hearing loss, epilepsy and cognitive impairment.
A specialist solicitor can let you know if your child may be entitled to compensation for kernicterus. For a free case assessment, call 0800 470 0474 today or use our online claim form to request a call back.
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Table of Contents
What is kernicterus?
Kernicterus is a rare and severe complication of jaundice. It is a form of permanent brain injury caused by very high levels of bilirubin in the blood, a yellowish pigment produced when red blood cells break down.
If the liver cannot remove bilirubin quickly enough, a newborn baby may develop neonatal jaundice, which causes the skin and the whites of the eyes to turn yellow.
Infant jaundice can often be treated effectively, and mild cases may resolve on their own within one to two weeks. However, if it is not adequately managed, the pigment can accumulate in the brain and cause kernicterus, which is usually irreversible.
The signs and symptoms of kernicterus depend on the stage of the condition and range from poor feeding to severe neurological conditions.
- Early stage – severe jaundice, excessive sleepiness, poor feeding, no startle reflex, floppy muscles
- Middle stage – high-pitched cry, extreme irritability, fever and tense muscles
- Late-stage – refusal to feed, seizures, very stiff muscles with an arched back and neck
Once late-stage kernicterus has caused brain damage, the effects may be irreversible, and can result in lifelong disabilities such as:
- Cerebral palsy
- Partial or total hearing loss
- Vision problems
- Intellectual and learning disabilities
According to the NHS, jaundice is very common and affects 6 out of 10 babies born at term and 8 out of 10 babies born prematurely. Of these, some babies are more likely to develop kernicterus than others. Risk factors include:
- Untreated jaundice
- Excessive bilirubin production, such as haemolytic disease
- A darker skin tone, which makes it more difficult to detect jaundice
- Low birth weight and being born before 37 weeks
- Genetics and blood group incompatibility with the mother
- Birth injuries, such as extensive bruising or internal bleeding
Medical professionals should closely monitor babies with these risk factors after birth to prevent severe jaundice and kernicterus. Failing to do so could amount to negligence and lead to a compensation claim if an injury occurs.
Am I eligible to make a kernicterus claim?
Yes. You may be able to make a compensation claim if your child has developed kernicterus and the following criteria are met:
- A medical professional owed them a legal duty of care
- That duty was breached through negligence, such as a failure to diagnose jaundice
- That breach caused or contributed to kernicterus, which would likely have been avoided with appropriate treatment
- Your child has suffered avoidable harm as a result
A neonatal brain injury solicitor can help you understand your legal rights and guide you through all the steps of the claims process.
What types of medical negligence can cause kernicterus?
Kernicterus is often preventable and may occur due to failures in medical care, such as failure to screen, monitor and treat high levels of bilirubin.
Specific types of medical negligence for which you could claim kernicterus compensation include:
- Not checking bilirubin levels when clinically required
- Failing to recognise the signs and symptoms of jaundice in a baby with darker skin
- Failing to perform a total serum bilirubin test when signs of jaundice are present
- Misinterpreting test results or failing to act on them
- Releasing an infant from the hospital too early without arranging appropriate follow-up
- Delaying treatment when bilirubin levels are dangerously high
Kernicterus is rare and often preventable. Prevention relies on:
- Early screening and awareness of risks
- Regular visual checks for jaundice in hospital
- Early recognition of jaundice signs and symptoms
- Measuring bilirubin levels where needed
- Frequent and adequate feeding
- Prompt intervention with phototherapy or exchange transfusion where appropriate
A specialist kernicterus solicitor can help you claim compensation if your child suffered avoidable harm due to negligent management of jaundice.
How do I make a kernicterus compensation claim?
Claims for kernicterus brain damage can be very complex, so you should start as early as possible by contacting a specialist birth injury solicitor. They will offer you a free initial consultation to discuss your baby’s delivery and symptoms and assess liability.
If you are eligible, the next steps are:
- Review medical records – Your solicitor will obtain and evaluate the relevant medical records to understand what happened.
- Independent medical report – An independent medical professional will review your case to determine whether a breach of duty caused or contributed to your baby’s injury.
- Letter of claim – Once you have the necessary evidence, the defendant will be informed of your allegations of negligence and the compensation you seek.
- Negotiations and settlement – Most claims are settled through negotiations to avoid extra legal costs, stress and delays.
- Court proceedings – If negotiations fail, your solicitor will prepare to argue your claim before a judge.
What evidence do I need for a kernicterus claim?
To successfully pursue a kernicterus compensation claim, you must prove that a medical professional breached their duty of care towards your child and that this breach caused or contributed to the injury.
The most useful and essential types of evidence include:
- Complete antenatal and delivery hospital records
- Delivery notes of any signs of birth trauma
- Your baby’s newborn charts, such as the Apgar score and feeding records
- Bilirubin test results
- Expert testimony from specialists confirming substandard medical care
- Medical records detailing the injuries suffered and the prognosis
- Occupational and physical therapy reports
- Witness statements from hospital staff and family members
- Evidence of long-term care needs and financial losses
Your solicitor will help you gather all the evidence you need to support a kernicterus negligence claim.
Is there a time limit to start a claim for kernicterus?
In most cases, you have three years to start a medical negligence claim for compensation. However, for children, the three-year time limit does not begin until their 18th birthday. A parent can make a claim on their behalf at any time before that.
Once the child turns 18, they have until their 21st birthday to claim compensation themselves if they are able to handle a claim. If they lack mental capacity, the limitation period is suspended, and a suitable adult acting as a litigation friend could claim on their behalf.
That said, early legal advice is essential to preserve evidence and ensure the best chance of success.
How much compensation is awarded for kernicterus claims?
Kernicterus compensation awards can be substantial, as they aim to cover the lifelong needs of the affected child. The amount awarded will depend on the severity of the brain injury, the child’s care needs, the impact on their quality of life and any past and future financial losses.
Compensation is calculated based on two types of damages:
- General damages cover the pain, suffering, loss of amenity and loss of enjoyment of life caused by the brain injury.
- Special damages cover past and future financial losses and expenses related to medical treatment, care costs, education, assistive devices, loss of earnings and home adaptations.
A specialist clinical negligence solicitor will be able to provide you with a fair estimate of your compensation prospects.
Can I make a no win no fee kernicterus claim?
Yes. If you are entitled to make a kernicterus brain injury claim, a medical negligence solicitor will be able to represent you on a no win no fee basis.
This means there are no upfront legal fees. If you receive compensation, your solicitor is entitled to a success fee capped at 25% of your compensation for general damages and past financial losses. If you lose your case, you will not have to pay your solicitor at all.
How long do kernicterus claims take?
Due to their complexity, kernicterus and cerebral palsy claims can take several years to resolve. Your personal injury lawyer will aim to settle the case in the shortest time possible and to arrange interim payments to cover any immediate needs while the case is ongoing.
To find out if you can claim compensation for kernicterus caused by negligent medical treatment, call 0800 470 0474 for free legal advice or use our online claim form to request a call back.
