KERNICTERUS & MEDICICAL NEGLIGENCE

The condition known as Kernicterus may be due to medical negligence and results in problems similar to that caused by cerebral palsy resulting from oxygen deprivation. The injury is caused by increased blood levels of a chemical compound called bilirubin which damages a portion of the brain. The major resulting condition is athetoid cerebral palsy which is usually linked with spastic movements due to mixed muscle tone that also affects the child’s face, trunk and arms thereby causing difficulties with speaking, feeding, grasping and other simple movements. There may also be hearing problems, poor eyesight and mental impairment.

Contained within the red blood cells is a chemical compound called haemoglobin which, upon breakdown, produces bilirubin as a natural byproduct. Excessive bilirubin in a newborns blood may cause jaundice and high bilirubin levels may cause Kernicterus the symptoms of which may include :-

• The infant possesses a high-pitched cry.
• Parents would encounter difficulties in waking the sleeping child.
• The newborn appears to have yellowish and sometimes even orange skin.
• The baby would be exhibiting an abnormal weakness or limpness and would have reduced awareness.
• The baby often arches the body and nursing proves to be difficult.

One possible cause of Kernicterus in a newborn is failure to treat jaundice. Most children will recover from jaundice without interference but some children require photo therapy treatment. The liver is responsible for bilirubin removal and jaundice, which impairs liver function, is associated with several risk factors including :-

• Having another child that suffered from jaundice.
• Bruising during birth usually causes the release of large amounts of bilirubin.
• Giving birth prematurely increases the possibility of an underdeveloped liver.
• Exhibiting poor feeding qualities.
• Hereditary factors including being of East Asian or Mediterranean descent.

Parents of a child that has suffered brain damage as a result of Kernicterus should consider whether or not their child’s condition is a result of or has been aggravated by medical negligence. There have been successful compensation claims when only moderate-risk children have developed cerebral palsy due to negligence. Although compensation will not repair the damage done nor rectify the mistakes made, it does help parents to better manage the injury. Almost any child will qualify for free Legal Aid with no parental contribution as it is the child’s income and assets that are considered in the assessment and not the parents.

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