Questions to an Attorney About a Kernicterus Medical Malpractice Lawsuit

If your child developed kernicterus due to untreated jaundice, you may have grounds for a medical malpractice claim. Here are critical questions to ask an attorney during your consultation:

1. Experience & Case History

• "Have you handled kernicterus or birth injury cases before?"

• "What were the outcomes of similar cases you’ve taken?"

2. Proving Negligence

• "Can we prove the medical team failed to meet the standard of care?" (e.g., missed bilirubin tests, delayed treatment).

• "Did they discharge my baby too early without proper screening?"

3. Evidence & Timelines

• "What medical records do we need, and how do we obtain them?"

• "Is there a time limit (statute of limitations) to file in our state?" (Often 1–3 years from injury discovery).

4. Damages & Compensation

• "What costs can we claim?" (Lifelong care, therapy, lost wages, pain/suffering).

• "How is compensation calculated for permanent disabilities?"

5. Legal Process & Fees

• "Will you take my case on contingency?" (You pay only if you win).

• "How long might a lawsuit take, and will it go to trial?"

6. Long-Term Support

• "Can we set up a trust to manage settlement funds for my child’s future?"

• "Will you connect us with medical experts or life-care planners?"

7. Alternative Options

• "Are there out-of-court settlements or mediation options?"

Red Flags to Watch For

• Attorneys who guarantee wins or rush you to sign.

• Firms without birth injury expertise.

Act Fast: Evidence fades, and deadlines loom. Bring your baby’s medical records to the consultation.