Settlement For Over $450,000 With Physician After Baby Dies Of Group B Streptococcus Infection

If a baby acquires an infection caused by the group b streptococcus bacteria there is a very substantial risk to the newborn's condition that results. It may also result in the death of the baby. Infants who live may suffer from life-long disabilities such as cerebral palsy. The infection may abruptly develop into pneumonia, sepsis (an infection that advances across the body), and meningitis. Given the risks a GBS infection poses to infants physicians in general acknowledge that it is necessary to decrease the risk that the infection will be transferred to the infant from a mother who carries, or has any of the risk factors, for the bacteria.

Due to this, physicians basically concur that the use of the correct antibiotics is necessary during labor when any of the following conditions are present. The first is when the mother has a history of carrying the bacteria during a previous pregnancy. The second is when the woman tests positive from a GBS screening during weeks 35 and 37 of the pregnancy. Among the factors that places a pregnant woman at risk for Group B Streptococcus is when her membranes rupture at least 18 hours before labor. In case a doctor is aware of a known history or the existence of any of the risk factors and does not administer antibiotics and the child subsequently develops a Group B Streptococcus infection and endures substantial harm as a result, the doctor may be liable for not meeting the standard of care.

In this lawsuit a 19 year old expectant mother went to the hospital before full term. While at the hospital her child was born. The woman had experienced a membrane rupture more than 18 hours ahead of entering labor. Her doctor knew this. Despite having this important piece of information the doctor did not administer antibiotics to protect from the possible transmission of the group b strep bacteria to the infant. After birth, the newbo
was not breathing. The resuscitation measures worked and the medical providers realized that the complications were as a result of a GBS infection. Sadly, the child died of additional infection related complications 22 days after being born. The law firm that handled this matter on behalf of the baby’s mother documented that the case was tried and a jury awarded the mother $457,000.

The case discussed above illustrates why it is so important for a physician to determine whether an expectant mother carries or is at risk of carrying the Group B Strep bacteria so that the accurate determination can be made as to whether antibiotics should be used during labor. Under such circumstances, the failure to follow through with the administration of the appropriate antibiotics during labor or, if required, after delivery may lead to liability under a medical malpractice or wrongful death claim.