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Kernicterus claims

If your baby developed kernicterus because of failures in medical care, the impact on your family can be devastating. In many cases, kernicterus is preventable - and when it happens due to missed or delayed treatment, you may be entitled to make a kernicterus compensation claim. Our specialist birth injury team is here to guide you.

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Author

Trevor Ward

Partner Solicitor, Head of Birth Injury Unit

Reviewer

Sahida Patel

Partner, Birth Injury Team Lead

Last Updated

16th July 2026

Can I make a kernicterus claim?

You might be able to make a kernicterus claim if your baby's condition was caused by failures in medical care. Kernicterus is a serious type of brain injury caused by very high levels of bilirubin in a newborn's blood - most commonly linked to severe, untreated jaundice. When medical teams fail to spot kernicterus, monitor it, or treat it in time, the consequences can be lifelong.

Our team can help you make a kernicterus claim if there was a failure to diagnose jaundice in your newborn, delays in starting treatment such as phototherapy or exchange transfusion, a failure to properly monitor bilirubin levels, or a failure to recognise risk factors after birth. If those failures led to brain injury, you may be able to make a kernicterus compensation claim.

Claims are usually brought by parents or legal guardians on behalf of their child and typically, you have until your child’s 21st birthday to bring a kernicterus claim. That said, the earlier you get specialist support, the easier it is to gather the evidence needed.

Example of a kernicterus claim

A newborn is discharged from hospital showing early signs of jaundice. Community midwives note the yellowing but don’t arrange a bilirubin test or escalate the baby’s care. Over the following days, the baby’s condition worsens, and by the time hospital treatment begins, bilirubin levels have reached dangerous levels and caused permanent brain injury. If your baby’s jaundice wasn’t monitored or treated in line with the relevant guidelines, you may be eligible to make a kernicterus compensation claim.

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What compensation can help with

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Funding your child's care, support and future opportunities.

Kernicterus compensation is intended to reflect the full impact of your child’s injury, so that your child has the right care and support, now and in the future. Kernicterus compensation claims are often high value because of the lifelong impact of the condition.

A successful kernicterus claim can support with:

  • Lifetime care and support costs
  • Physiotherapy, speech therapy and other rehabilitation
  • Specialist education and learning support
  • Adapted housing or accommodation
  • Mobility aids and specialist equipment
  • Psychological support for your child and family
  • Loss of earnings for parents who reduce work to provide care
  • Travel and transport costs related to your child’s care and treatment
Understanding the potential value

Kernicterus claims are often high value, because of the lifelong impact of the condition. The value of your claim depends on a range of factors, including the severity of your child’s injury, the care they’ll need, and the impact on the whole family. Cases involving significant disability, specialist care needs or adapted housing can lead to six or seven-figure settlements. If you’d like to discuss your child’s claim, speak to one of our specialist solicitors.

Understanding interim payments

We understand that getting financial support early on is vital when caring for a child with kernicterus, so, where possible, we’ll apply for interim payments. These are payments that can be secured before the claim is resolved and can help fund immediate care needs, therapies, treatments, or specialist equipment. Our team will work tirelessly to support and your family, to help you secure the financial funds you need for long term care.

Why choose Fletchers for your kernicterus claim?

If your child’s kernicterus was caused by medical negligence, there is support available to you, and you don’t have to face this alone. We specialise in kernicterus negligence claims, and we understand how devastating it is to discover that your child’s injury could have been prevented. We’re here to listen and support you through every stage of the journey.

Expertise you can rely on

  • Ranked among the leading birth injury claims solicitors in the UK
  • Experts like Natalie Richardson, Sahida Patel, Leanne Devine, and Trevor Ward will be on your side, supporting your child and your family.
  • Access to leading independent medical experts
  • Proven track record securing substantial compensation in complex, birth injury cases
  • Experience securing interim payments while cases progress
  • Nationwide support – we represent families across England and Wales
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  • No win, no fee – so you can pursue your child’s claim without financial risk

You're not alone

We understand what you and your family are going through.

The period following a kernicterus diagnosis can feel overwhelming. Many of the families we support come to us already navigating a lot. Managing your child’s care needs, processing what happened, and trying to understand whether anyone was responsible, and what our options might be – can all feel too much to handle.

We recognise this, and we’ve supported many families in your situation. Our birth injury team is one of the most reputable in the UK. We understand the complexities and nuances of these cases, and we understand how daunting it can feel. We’re here to guide and support you every step of the way. We’ll handle the claims process and fight for justice and the compensation your child deserves. Leaving you to focus on your family.

FAQs about kernicterus claims

What is kernicterus?

Kernicterus is a type of brain injury caused by very high levels of bilirubin in a newborn’s blood. It is most commonly linked to severe, untreated jaundice. When bilirubin levels rise too high and are not brought down quickly enough with treatment, the bilirubin can cross into the brain and cause permanent damage.

What are the symptoms of kernicterus?

In the early stages, symptoms can include yellowing of the skin and eyes, poor feeding, extreme sleepiness, and a high-pitched cry. As the condition progresses, symptoms may include stiffness or floppy muscles and seizures. The long-term effects can include cerebral palsy, hearing loss, learning disabilities, and ongoing care needs.

Is kernicterus always preventable?

In most cases, kernicterus is preventable with early diagnosis and timely treatment of jaundice. Newborn jaundice is common and usually straightforward to treat. When medical teams follow the relevant guidelines – monitoring bilirubin levels, identifying risk factors, and acting quickly when levels rise – kernicterus shouldn’t occur. When those steps aren’t taken, a negligence claim may be possible.

Can I claim for kernicterus caused by medical negligence?

Yes. If your child’s kernicterus was caused by a failure in medical care – such as a missed diagnosis, a delay in treatment, or inadequate monitoring of bilirubin levels – you may be able to claim on their behalf. We’ll review what happened and tell you whether you have a case.

How do you prove kernicterus negligence?

To succeed in a kernicterus claim, you need to show two things: that medical professionals failed to provide the standard of care expected of them, and that this failure caused your child’s injury. This is established using your child’s medical records and the opinion of independent medical experts. Our team will handle all of this for you.

What causes kernicterus due to medical negligence?

Kernicterus is often linked to failures in recognising or treating severe jaundice in newborns.

Medical negligence may occur where healthcare professionals:

  • Do not identify jaundice early enough
  • Fail to monitor bilirubin levels appropriately
  • Delay essential treatment such as phototherapy
  • Do not escalate care when bilirubin levels become dangerous

Newborn jaundice is common and usually easily treated. When medical teams fail to act, bilirubin can rise to dangerous levels and cause permanent brain injury.

In these cases, kernicterus may have been preventable and could form the basis of a compensation claim.

How much compensation could a kernicterus claim be worth?

Compensation varies depending on the severity of your child’s injury and their long-term care needs, but kernicterus claims are often high value given the lifelong impact of the condition. Compensation can cover lifetime care costs, therapies and rehabilitation, specialist education, adapted housing, specialist equipment, and lost earnings for parents who provide care. We will explain what your child’s claim might be worth once we’ve reviewed their situation.

How long does a kernicterus claim take?

Kernicterus claims can take time to resolve, given their medical complexity and the need for detailed expert evidence. However, we’ll work to secure interim payments as early as possible, so your child can access the care and support they need while the case progresses. We’ll keep you updated at every stage and make sure you always understand where things stand.

What is the time limit for making a kernicterus claim?

In most cases, you have until your child’s 21st birthday to bring a kernicterus claim, as the standard three-year limitation period doesn’t begin until they turn 18. That said, it’s always best to seek advice as early as possible. Evidence is easier to gather, and your child can access support sooner – including interim payments during the claims process.

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