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Terry A Mitchell

Mother Reaches $6,150,000 Settlement With Doctor For Not Diagnosing Newborn's Infection


By: J. Hernandez
Submitted: 2010-07-12 14:38:22 | Word Count: 547


When a newborn with a GBS infection does not immediately receive antibiotics the results can be disastrous. A GBS infection in a baby can develop into pneumonia, sepsis, or meningitis. Given a baby’s undeveloped immune system this can bring about such long term disabilities as cerebral palsy, seizure disorders, brain damage, cognitive and motor retardation. It can even result in the passing away of the infant. In the rest of this article, we analyze a claim that came about after a newborn who exhibited signs of a GBS infection was not diagnosed right away by the doctor.

Look at a published lawsuit where antibiotics for Group B Strep were intravenously given to a pregnant woman during labor. This is normal protocol for women with a history of Group B Strep colonization during the pregnancy, a prior pregnancy, or if screened while in weeks thirty-fifth through thirty-seven of the current pregnancy. Nevertheless, even with this prophylactic use of antibiotics during labor, it is still possible for the newborn to develop Group B Strep. The pregnant woman in this case took her newborn to a pediatrician 6 weeks after the baby's birth. The physician found that the baby was febrile. The pediatrician, unfortunately, failed to look at the prenatal records although she had access to them.

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Without seeing the prenatal chart the pediatrician merely ordered testing in order to establish what was causing the infant's high fever. When the physician waited for the results of the tests she ordered. She did not, however, give antibiotics for a Group B Strep infection. The baby came down with meningitis. The newborn also suffered a series of strokes. Because of this the newborn was left with an untreatable seizure disorder and with mental retardation.

The mother sued the physician for failing to diagnose the Group B Strep infection and provide treatment in a timely fashion. As the claim progressed the pediatrician admitted that she would not have delayed giving antibiotics had she became aware that the mother had been a carrier of the bacteria during the pregnancy. The law firm that handled the matter documented that the doctor settled the matter for $6,150,000.

There is a key point that this case brings out. When a newborn shows symptoms that could be the result of a Group B Strep infection a physician needs to take fast action in order to avoid the infection from developing into sepsis, pneumonia or meningitis that may all end in disastrous results. If the doctor does not consider a GBS infection in the differential diagnosis thereby delaying treatment with ensuing tragic effects the doctor might be liable for malpractice and be entitled to compensation for the injuries sustained by the child to protect the baby’s future such as by paying for future medical expenses and living expenses (when the child's disability will prohibit the child from ever being gainfully employed)

Author Resource:- Joseph Hernandez is an Attorney accepting medical malpractice cases. You can learn more about group b strep and other birth injury cases such as erb's palsy injury cases by visiting the websites

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