Most newborn babies turn a little yellow in their first days of life
This is jaundice, and it is usually harmless and easily treated. But in a small number of babies, jaundice climbs to dangerous levels, and if it is not caught and treated in time, it can cause a devastating and permanent brain injury called kernicterus.
Here is the fact that matters most, and that makes kernicterus so heartbreaking: it is almost always preventable. A simple test, followed by simple treatment, stops jaundice from ever reaching the brain. When a baby develops kernicterus, it usually means the jaundice was not caught or not treated the way it should have been.
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Article written by Brendan Lupetin, Esq. Brendan is a managing partner in the law firm of Lupetin & Unatin, a medical malpractice law firm located in Pittsburgh and serving Western Pennsylvania.
Our practice is limited to high-value catastrophic cases because that is where we can do the most for our clients and for patient safety.
This guide explains, in plain language, what newborn jaundice is, how it can turn dangerous, what screening and treatment are supposed to look like, and how kernicterus injures the brain. It is written for parents and families who want to understand what happened to their baby, or what to watch for.
If you believe your child’s brain injury may have been caused by jaundice that should have been treated, this guide pairs with our companion article on the signs your child’s kernicterus injury was caused by negligence. This first article explains the medicine. The second explains the law.
What Newborn Jaundice Is
When the body breaks down old red blood cells, it produces a yellow-orange substance called bilirubin. Normally, the liver filters bilirubin out of the blood, and it leaves the body in the baby’s stool. Before birth, the mother’s body does this work for the baby.
After birth, the newborn’s liver has to take over, and a newborn’s liver is not yet fully developed. So bilirubin can build up faster than the baby can clear it. When bilirubin builds up, it causes jaundice, a yellowing of the skin and the whites of the eyes. As the Cleveland Clinic explains, too much bilirubin causes jaundice, and in rare cases, dangerously high levels can affect the baby’s brain.
Jaundice is extremely common. Well over half of all newborns develop some degree of it. The yellowing usually starts on the face and moves down the body, to the chest, belly, arms, and legs, as bilirubin levels rise. For most babies, it is mild and fades within a week or two. The danger is not jaundice itself, but jaundice that climbs too high and is not treated.
How Jaundice Turns Dangerous
Bilirubin, in high enough amounts, is toxic to the brain. When the level in the blood climbs too high, a condition called hyperbilirubinemia, bilirubin can cross into the brain and begin to damage it. The early phase of this is called acute bilirubin encephalopathy. If it continues, it becomes kernicterus, a permanent form of brain damage.
Certain babies are at higher risk of dangerous jaundice, and doctors are supposed to know who they are. Risk factors include:
- A baby born before 37 weeks has an even less developed liver.
- Jaundice in the first 24 hours of life. Early jaundice is a warning sign.
- Blood type incompatibility. When the mother and baby have different blood types (such as ABO or Rh incompatibility), the baby’s red blood cells can break down faster, raising bilirubin.
- Bruising during birth. A baby with significant bruising or a scalp collection of blood (cephalohematoma) produces more bilirubin.
- Poor feeding or dehydration. Feeding helps clear bilirubin; a baby who is not feeding well can build it up.
- A sibling who needed jaundice treatment.
- Certain ethnic backgrounds and genetic conditions, such as G6PD deficiency.
Here is why this matters so much. Because these risk factors are known, and because jaundice is so common, newborn care includes a system designed to catch dangerous bilirubin before it can harm the brain. A baby is not supposed to slip through that system.
How Jaundice Is Supposed to Be Screened and Treated
There is a well-established approach to protecting newborns from bilirubin brain injury, set out by the American Academy of Pediatrics (AAP). The details involve charts and thresholds, but the core principles are simple and consistent.
Screen every newborn. The AAP recommends checking the bilirubin level of every baby, using either a light-meter device on the skin (transcutaneous bilirubin) or a blood test (total serum bilirubin), usually between 24 and 48 hours of life or before the baby goes home. This is universal screening, meaning it applies to all babies, not just those who look yellow.
Assess risk and plan follow-up. The measured level is plotted against the baby’s age in hours and risk factors to decide what happens next, including when the baby needs to be rechecked. A baby discharged early may need a follow-up visit within a day or two.
Treat with phototherapy. When bilirubin rises toward a dangerous level, the first treatment is phototherapy, special blue lights that break down bilirubin in the skin so the baby can clear it. This is safe, common, and highly effective.
Escalate quickly when needed. If the level is very high or rising fast despite phototherapy, the standard of care calls for urgent escalation, intensive phototherapy, IV fluids, and, in the most severe cases, an exchange transfusion, a procedure that replaces the baby’s blood to rapidly remove bilirubin. As the AAP guidance makes clear, reaching the escalation threshold is a medical emergency.
When this process is followed, kernicterus is almost entirely preventable. As the AAP has stated, although kernicterus should almost always be preventable, cases continue to occur, and they occur when the chain of screening, follow-up, and treatment breaks down.
The Warning Signs of Dangerous Jaundice
Parents are often the first to notice that something is wrong. These are the signs that jaundice may be climbing to a dangerous level and needs urgent attention:
- Deepening yellow color, especially spreading to the belly, arms, and legs.
- Yellowing in the first 24 hours of life.
- A high-pitched cry.
- Poor feeding or trouble waking to feed.
- Extreme sleepiness or difficulty waking (lethargy).
- Limpness or floppiness, or in later stages, a stiff or arched body.
- Arching of the neck and back (a sign called retrocollis or opisthotonos).
- Fever or unusual eye movements.
These later signs can mean bilirubin is already affecting the brain. They are a medical emergency. A careful provider, and an informed parent, should act on dangerous jaundice long before it ever reaches this point.
How Kernicterus Injures the Brain
When bilirubin crosses into the brain, it has a particular affinity for a region called the basal ganglia, which controls movement, as well as the areas that control hearing and eye movement. That is why kernicterus produces a characteristic pattern of injury.
Once this damage is done, it is permanent. That is the tragedy of kernicterus, and the reason prevention matters so much. The window to stop it, by measuring bilirubin and treating it, comes and goes in the first days of life. Miss that window, and a fully preventable injury becomes a lifelong one.
The Lasting Harm Kernicterus Can Cause
Kernicterus can leave a child with a distinct and permanent set of disabilities. The classic effects include:
Cerebral palsy, especially the dyskinetic type. This causes involuntary, uncontrolled movements and difficulty with posture and coordination.
Hearing loss or deafness. Bilirubin damages the hearing pathways, and hearing loss is a hallmark of kernicterus.
Problems with eye movement. Especially difficulty looking upward.
Dental problems. Such as improperly developed tooth enamel.
Intellectual and developmental effects. Though many children with kernicterus have normal intelligence trapped inside a body they cannot fully control.
In severe cases, death. Very high bilirubin levels can be fatal.
Because these effects are lifelong, the cost of caring for a child with kernicterus, medically, financially, and emotionally, is immense. And it falls on a family who often knows the injury did not have to happen.
When Kernicterus Becomes a Legal Question
Newborn jaundice is not anyone’s fault. It is a normal part of nearly every baby’s first days. The legal question is never whether a baby had jaundice. The question is whether the care team did what a careful team is supposed to do: screen for bilirubin, recognize a dangerous or rising level, and treat it in time.
When a baby’s bilirubin is never checked, or a high level is ignored, or treatment is delayed, or a jaundiced baby is sent home without proper follow-up, and the baby develops kernicterus as a result, that can be the basis of a malpractice claim. Because kernicterus is considered almost always preventable, these cases often center on a clear, documentable failure.
If you are asking these questions about your own child, our companion article walks through them in detail: signs your child’s kernicterus injury was caused by negligence. And if you would like to talk to someone, the birth injury attorneys at Lupetin & Unatin are here to help.
How Lupetin & Unatin Can Help
We are Lupetin & Unatin, a Pittsburgh medical malpractice firm. Birth injury is one of our core practice areas, and we have spent decades representing Pennsylvania families against the region’s largest hospital systems. We know the medicine of newborn care, and we know how a preventable brain injury can change a family’s life.
We do the medical investigation ourselves. When you contact us, we obtain the complete medical record at no cost to you, including the newborn records, the bilirubin values and the times they were taken, the feeding and discharge records, and any follow-up. We work with top experts in neonatology and pediatric neurology to determine exactly what happened and whether it could have been prevented.
We take a small number of cases so we can give each one real attention. We work on contingency, which means you pay nothing up front and nothing unless we win.
Free Consultation — No Fee Unless We Win
If your child developed kernicterus and you believe jaundice was missed or mishandled, you deserve answers. A short conversation can tell you a lot.
Call Lupetin & Unatin today for a free, no-pressure review of your case.