A healthy liver should be able to break down bilirubin so that it can pass out of the body. In some infants, however, the body is unable to get rid of this substance, leading to jaundice. If your child’s condition was not treated in a timely manner resulting in serious injury, contact a Florida jaundice lawyer for a no-obligation consultation to discuss your situation.
A knowledgeable birth injury attorney at Domnick Cunningham & Yaffa could help you determine whether you have grounds for a medical misdiagnosis case and assert a claim for compensatory damages on your behalf.
What is the Time Limit for Filing a Jaundice Medical Misdiagnosis Case?
Under Florida Statutes §95-11, medical malpractice lawsuits must be filed within two years from the date the incident is discovered, or four years from when the malpractice occurred at the latest. In the case of minor children, the statutory deadline may be extended up to the child’s eighth birthday.
However, if the parents should have known that their child’s injuries were caused from birth, they may not be eligible for this exception. With the varying time restrictions afforded by Florida law, it is vital to speak with a seasoned jaundice injury attorney as soon as possible.
Recovering Damages for a Florida Birth Injury
Medical errors could leave a child with permanent and even life-threatening medical conditions, which are costly and could place a financial burden on the family. Florida law allows a range of losses to be recovered under a medical malpractice claim, including:
- Hospital bills
- The child’s medical expenses
- Lost wages
- Home adjustments to accommodate a lifelong medical condition
- Childcare costs
- Pain and suffering damages.
What Are Some Risk Factors and Causes of Infant Jaundice?
The causes and risk factors commonly associated with the onset of newborn jaundice include newborn feeding issues, early deliveries, congenital conditions, a birth that is causing the infant to bleed internally, and red blood cell anomalies. Certain syndromes, including Gilbert and Dubin-Johnson syndrome, could also put an infant at risk of acquiring jaundice.
Possible Complications from Jaundice
Common complications of jaundice include vision impairment, brain damage, nerve damage, and hearing impairment. If a medical provider or laboratory delays in diagnosing or fails to diagnose jaundice when clear signs of the condition are present, infants may be put at risk of these severe injuries, and parents may want to consider consulting with a jaundice lawyer in Florida about asserting a medical misdiagnosis claim.
Pursuing a Lawsuit Against a Negligent Medical Provider
Sometimes, healthcare providers fail to attend to signs of jaundice on time, as they believe the condition will subside in a few days. If an infant suffers complications that could have otherwise been preventable if not for the lack of care provided, the responsible medical provider could be held financially liable for their injuries.
An attorney in Florida working on behalf of a family in a jaundice birth injury lawsuit could build a case involving malpractice if the medical provider or laboratory:
- Failed to monitor the child’s bilirubin levels accurately
- Did not detect clear signs indicating the onset of jaundice
- Injured the infant with forceps during the birth, leading to jaundice
- Detected jaundice but did not provide the treatment necessary, allowing jaundice to progress
These types of cases are often highly complex and challenging to pursue. Because of this, families will often retain an experienced medical misdiagnosis attorney to handle their case.
How a Florida Jaundice Attorney Could Help
Medical errors could turn what is supposed to be a joyous moment into a nightmare. It is essential that you have a dedicated legal representation on your side with your best interests in mind. A Florida jaundice lawyer could fight for you and your child while you focus on the health of your newborn.
Speak to a member of our team today.