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subject: Parents Pursue Malpractice Claim Against Doctor On Behalf Of Their Disabled Child [print this page]


Parents Pursue Malpractice Claim Against Doctor On Behalf Of Their Disabled Child

When a newborn with a Group B Strep infection is not immediately treated with antibiotics the results can be devastating. Given this it is important for doctors to consider GBS if a newborn demonstrates symptoms of an infection and either rule it out with diagnostic testing or follow the treatment protocol. It is consequently essential that physicians be able to quickly diagnose a baby with symptoms of the infection and administer antibiotics immediately.

In this case a pregnant woman underwent screening while she was in the thirty-fifth and thirty-seventh week of her pregnancy. The results of the screening were positive for the bacteria. Given this result, while the woman was in labor at the hospital the staff properly administered antibiotics. Still, even with the correct administration of antibiotics during labor, it is still possible for the newborn to develop GBS. The expectant mother in this lawsuit brought her newborn to a pediatrician 6 weeks after the baby's birth. The doctor noted that the baby was febrile. Unfortunately, the doctor failed to check the prenatal records and consequently did not realize that the baby had formerly been exposed to the bacteria.

Not being aware of this history, the pediatrician ordered testing to determine the reason for the newborn's symptoms. As the physician waited for the results of the tests she ordered. The pediatrician did not, however, give the proper antibiotics. The newborn developed meningitis. The newborn also suffered a series of strokes. Due to this fact the newborn was left with an untreatable seizure disorder as well as mental retardation.

The law firm that helped the mother and her child was able to get an acknowledgement from the pediatrician that she would have administered antibiotics immediately if she had known that the infant had previous exposure to the bacteria. The case was reported as settled by the law firm for the amount of $6,150,000.

There is a key point that this claim brings out. If there is a possibility that symptoms can be the result of a dangerous underlying condition, like a GBS infection, which can produce lifelong disabilities for the baby if not treated immediately a physician is expected to consider them as a possibility unless the doctor can establish a different cause If the physician does not take into account a Group B Strep infection as part of the differential diagnosis thereby delaying treatment with resulting tragic consequences the doctor may be liable for malpractice and be entitled to compensation for the harm endured by the child to safeguard the child's future.

by: Joseph Hernandez




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