subject: $6,150,000 Settlement Attained In Case Involving Disabled Child [print this page] If a baby with a GBS infection is not treated or improperly treated the newborn could be left with lifelong severe disabilities. Such an infection in a baby can become pneumonia, sepsis, or meningitis. Given a newborn's undeveloped immune system this can bring about such permanent disabilities as cerebral palsy, seizure disorders, brain damage, cognitive and motor retardation. It can even lead to the death of the baby. It is therefore critical that doctors quickly diagnose a newborn with symptoms of infection and administer antibiotics immediately.
Consider a published case where antibiotics for GBS were intravenously administered to an expectant mother while she was in labor. This is common procedure for women with a history of Group B Strep colonization during the pregnancy, a previous pregnancy, or if screened during weeks 35 through 37 of the current pregnancy. Still, even with this prophylactic use of antibiotics while the mother was in labor, it is nevertheless possible that the infant will acquire Group B Strep. Her newborn appeared healthy at birth. Bur, six weeks after birth the baby developed symptoms of infection. The mother took the child to a pediatrician who observed that the baby had a high temperature. Unfortunately, the pediatrician failed to check any of the prenatal records and consequently did not realize that the newborn had formerly been exposed to the bacteria.
Not knowing this history, the physician ordered testing to determine the cause of the baby's symptoms. By failing to immediately administer antibiotics the physician let essential time to lapse during which the baby became septic, developed meningitis and experienced strokes. Due to this fact the baby ended up with an untreatable seizure disorder and with mental retardation.
The law firm that represented the mother and her newborn got the doctor to admit that she would have administered antibiotics without delay should have recognized that the infant had earlier exposure to the Group B Strep bacteria. The case was reported as settled by the law firm for the amount of $6.15 Million.
If there is a possibility that symptoms might be due to a serious underlying condition, including a GBS infection, which can produce long lasting disabilities for the baby unless antibiotics are given right away a doctor is expected to take them into account as a possibility except if the doctor is able to rule them out as the cause. When, as in the lawsuit discussed herein, the doctor acts as though it is not even a possibility, especially when there is information in the mother's prenatal chart to suggest it might be, and the baby is severely hurt in the time that passes before treatment is provided, the physician might be liable for malpractice.
by: Joseph Hernandez
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