Kernicterus Lawyer in New York

The birth of a baby should be a moment of pure joy and hope, but when medical professionals fail to recognize and treat early signs of jaundice, that moment can turn into a lifelong tragedy. Kernicterus is a rare but devastating condition caused by untreated severe jaundice at birth, leading to permanent brain damage. When this kind of harm is preventable, families deserve answers, accountability, and support from experienced legal advocates.

At Jacob D. Fuchsberg Law Firm, our New York kernicterus lawyers help families understand what went wrong, pursue accountability, and secure the financial resources needed to support their child’s future. If you suspect that medical negligence caused your child’s condition, we’re here to help.

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
Table of Contents

What Is Kernicterus?

Kernicterus is a severe form of brain damage caused by dangerously high levels of bilirubin, a substance the body produces when breaking down red blood cells. In healthy newborns, the liver filters out bilirubin. But if a baby’s liver is still immature, bilirubin can build up in the bloodstream, leading to jaundice.

Jaundice is common and usually treatable. However, when bilirubin reaches toxic levels and enters brain tissue, it can cause permanent neurological damage known as kernicterus.

Symptoms of kernicterus may include:

  • Persistent sleepiness or difficulty waking
  • Abnormal muscle tone (floppy or stiff limbs)
  • Poor feeding or lack of appetite
  • High-pitched or shrill crying
  • Seizures or involuntary movements
  • Vision and hearing loss
  • Delays in physical or cognitive development

Although jaundice is common and typically harmless when treated early, kernicterus reflects a failure in medical care — a missed diagnosis, a delayed response, or a lack of follow-up.

What Is Kernicterus?

How Medical Negligence Can Cause Kernicterus

Kernicterus is widely considered preventable. That’s why cases involving this condition often point to medical negligence. Hospitals and healthcare providers have a legal duty to monitor newborns for signs of jaundice and intervene when bilirubin levels rise above safe thresholds.

Common forms of negligence that may lead to kernicterus include:

  • Failing to monitor bilirubin levels within the first 24–48 hours of life
  • Discharging a baby without proper jaundice screening
  • Ignoring risk factors like prematurity or ABO/Rh incompatibility
  • Delaying or failing to begin phototherapy
  • Not ordering an exchange transfusion when necessary
  • Misinterpreting lab results or missing clinical signs

If any of the above failures occurred, and your child was later diagnosed with kernicterus, you may have a legal claim against the responsible medical providers or facility.

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Worried Your Baby’s Injury Was Avoidable? We Can Help.

Medical professionals must act fast when bilirubin levels rise. If they didn’t, and your child is now facing long-term harm, help from our exceptional birth injury attorneys is just a quick phone call away. Let’s discuss your options in a free, confidential consultation.

Schedule a Free Consultation

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What Families Can Recover in a Kernicterus Lawsuit

A kernicterus diagnosis often means a lifetime of medical care, therapy, and daily support. Our New York birth injury lawyers work to ensure families are not left alone to bear those costs.

Potential compensation may include:

  • Medical treatment and rehabilitation (past and future)
  • Costs of special education or assistive technology
  • In-home care, therapy, and nursing support
  • Loss of future earning potential
  • Pain, suffering, and emotional distress
  • Loss of quality of life
  • Expenses related to long-term disability or accommodations

We consult with pediatric experts, life care planners, and economists to build a complete picture of your child’s current and future needs and fight for the financial support required to meet them.

Why Choose Jacob D. Fuchsberg Law Firm?

When medical professionals fail to prevent a condition as avoidable as kernicterus, the consequences can last a lifetime. At Jacob D. Fuchsberg Law Firm, we represent families across New York State whose children suffered irreversible harm due to untreated newborn jaundice.

  • Decades of advocacy for injured newborns: With over 40 years of experience in medical malpractice law, our firm has earned the trust of families across New York. We’ve handled complex birth injury cases involving neonatal negligence, and we understand what it takes to build a successful kernicterus claim.
  • Results that make a difference: Our attorneys have recovered millions for children harmed by preventable medical errors. Whether through tough settlement negotiations or courtroom litigation, we fight for the full compensation your child needs for lifelong care and support.
  • Compassionate, family-focused representation: You’re not just a case number. We take the time to understand your story, answer your questions, and support your family through one of the most challenging chapters in your life. You’ll never feel left in the dark.
  • Accessible legal help for every family: Our multilingual legal team is dedicated to serving families from diverse backgrounds. Whether you speak English, Spanish, or another language, you’ll receive clear, respectful, and honest communication from day one.
  • No win, no fee — guaranteed: We believe that every family deserves justice, regardless of their financial situation. That’s why we work on a contingency fee basis: you pay nothing unless we win your case.

Worried Your Baby’s Injury Was Avoidable? We Can Help.

Medical professionals must act fast when bilirubin levels rise. If they didn’t, and your child is now facing long-term harm, help from our exceptional birth injury attorneys is just a quick phone call away. Let’s discuss your options in a free, confidential consultation.

Schedule a Free Consultation

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Our Clients’ Reviews

What Our Clients Think of Us

Stars

I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery

Citizen

5

Stars

Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton

Citizen

5

Stars

Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price

Citizen

5

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Talk to a Trusted Kernicterus Lawyer in New York Today

If your child was diagnosed with kernicterus and you believe medical negligence may be to blame, don’t wait to take action. Our experienced team at Jacob D. Fuchsberg Law Firm is ready to investigate your case, answer your questions, and fight for justice.

Call (212) 869-3500 or complete our online form to schedule a complimentary consultation. There’s no cost to speak with us, and no legal fees unless we recover compensation for your family.

  • We are available to you 24/7

  • Compassionate in our approach

  • Don’t Pay Unless We Win

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FAQ

Frequently Asked Questions

Frequently Asked Questions About Kernicterus

How soon after birth should jaundice be checked?

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Jaundice typically appears within the first 2 to 3 days of life. According to standard care guidelines, bilirubin levels should be monitored before hospital discharge and again within 48 hours, especially if the baby is at higher risk. Failure to perform this testing may constitute negligence.

Can kernicterus develop after the baby leaves the hospital?

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Yes. In many cases, bilirubin levels peak several days after birth. If a baby is discharged too early without proper bilirubin screening or follow-up instructions, critical warning signs may be missed. That’s why early follow-up appointments are essential.

What are the risk factors for kernicterus?

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Babies are at higher risk if they are born prematurely, have a sibling who had jaundice, have a different blood type than the mother (Rh or ABO incompatibility), or have bruising or cephalohematomas from delivery. These known factors should alert doctors to monitor more closely.

How long do I have to file a kernicterus lawsuit in New York?

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Generally, the statute of limitations for medical malpractice in New York is 2 years and 6 months. However, for injuries to minors, this period may be extended, often until the child’s 10th birthday. Time limits vary depending on where the treatment occurred, so it’s crucial to speak with a lawyer as soon as possible.

What if I don’t have all my child’s medical records?

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That’s okay. Our legal team will obtain all necessary hospital, pediatric, and lab records on your behalf during the investigation. You don’t need to figure it all out alone. We’ll handle the legal and medical review for you.

Can I still sue if I didn’t realize the injury was related to jaundice until much later?

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Yes. Many families don’t connect their child’s condition to jaundice until months or even years later, when developmental delays or hearing loss appear. As long as you’re within the legal time frame to file, you may still pursue a claim. We’ll help determine when the clock started in your specific case.