$457,000 Settlement After Doctor Does Not Administer Antibiotics For Group B Strep And Infant Dies

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If a baby acquires an infection due to the group b strep bacteria there is a very substantial risk to the newborn's condition that results

. This can also result in the death of the baby. Babies who survive may suffer from permanent disabilities particularly cerebral palsy. The problem is that there is a substantial danger that the infection could turn septic, result in pneumonia, or even develop into meningitis - every one of which present a very dangerous condition for a infant.

Physicians know that a pregnant woman carrying the bacteria can transmit it to her infant during childbirth. As a result of the risks related to the bacteria in an infant physicians accordingly generally treat expectant mothers who are either known or suspected of carrying the bacteria with antibiotics during labor.

There are thus a number of circumstances which physicians factor in in figuring out whether there is an increased risk that the woman will transmit the bacteria to her newborn. The mother was GBS positive in a previous pregnancy. The mother tested positive during the current pregnancy (asymptomatic expectant mothers are normally screened for the bacteria during weeks 35 to 37 of the pregnancy). One of the factors that places a woman at risk for Group B Strep is when her membranes rupture at least eighteen hours prior to labor. Should the infant does suffer a harm (including blindness, a brain injury, or a seizure disorder) due to the failure by a physician to use antibiotics under any of the circumstances above or any others contained in the guidelines, there may exist medical malpractice liability.

In this lawsuit a nineteen year old pregnant woman went to the hospital prior to full term. While at the hospital her baby was delivered. It was known by the doctor who delivered the child that the mother had suffered a rupture of her membranes more than eighteen hours preceding the start of labor. Despite having this vital piece of information the doctor did not administer antibiotics to guard against the possible transmission of the group b strep bacteria to the baby. Following delivery, the newborn was not breathing. The medical staff at the hospital ultimately became aware that this was due to a Group B Strep infection. Despite efforts at treatment by the hospital staff the infant passed away 2 days after birth due to complications from the infection. The law firm that handled this matter on behalf of the baby's mother announced that the case was tried and a jury awarded the mother $457,000.
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The matter discussed above illustrates why it is so important for a doctor to determine whether an expectant mother carries or is at risk of carrying the bacteria so that the proper determination can be made as to whether antibiotics should be administered during labor. Not administering antibiotics in the course of labor in a claim where there is a risk that the mother may transmit the GBS bacteria to her infant might amount to medical negligence.

by: Joseph Hernandez

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