Doctor's Failure To Diagnose Infant For Group B Strep Brings About $6,150,000 Settlement

BusinessLegal

  • Author Joseph Hernandez
  • Published November 24, 2010
  • Word count 441

If a baby with a Group B Strep infection is not treated or improperly treated the baby could suffer lifelong serious disabilities. A Group B Strep infection in a baby can become pneumonia, sepsis, or meningitis. Given a baby’s undeveloped immune system this can lead to such long term disabilities as cerebral palsy, seizure disorders, brain damage, cognitive and motor retardation, or even to death. It is thus critical that doctors quickly diagnose a newborn with signs of a GBS infection and give the newborn antibiotics right away.

Look at a reported malpractice claim where antibiotics for GBS were intravenously administered to an expectant mother during labor. This is normal protocol for women with a history of Group B Strep colonization during the pregnancy, a prior pregnancy, or when screened during weeks thirty-fifth through thirty-seven of the current pregnancy. The mother’s infant appeared healthy at birth. In this case, six weeks after birth the baby started showing signs of infection and the baby’s mother took the infant to a pediatrician who found that the child had a high temperature. The physician, however, did not examine the prenatal records although she had access to them.

Without seeing the prenatal records the pediatrician simply ordered testing in order to figure out what was causing the infant's high fever. By failing to immediately administer antibiotics the physician allowed crucial time to go by during which the baby became septic, developed meningitis and suffered strokes. This left the baby with mental retardation and seizures that are not treatable with medication .

The mother sued the physician for failing to diagnose the Group B Strep infection and give treatment right away. During litigation the pediatrician stated that she would not have delayed giving antibiotics had she realized that the mother had been a carrier of the bacteria during the pregnancy. The law firm that handled the matter documented that the physician settled for $6.15 Million.

There is a key point that this claim brings out. If an infant exhibits symptoms that are consistent with a GBS infection a doctor should take immediate action so as to avoid the infection from turning into sepsis, pneumonia or meningitis which could all lead to devastating outcomes. If the doctor fails to consider a group b streptococcus infection in the differential diagnosis thereby delaying treatment with ensuing tragic effects the physician may be liable under a malpractice lawsuit to be entitled to compensation for the damages sustained by the baby to safeguard the baby’s future for example by covering future medical expenses and living expenses (when the child's disability will preclude the child from ever being gainfully employed).

Joseph Hernandez is an Attorney accepting complex injury cases, including birth injury medical malpractice cases. You can learn more about group b strep and other birth injury matters by visiting the website

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