$962,000 Settlement After Baby Harmed By Group B Strep When Doctor Failed To Administer Antibiotics
Group B Strep presents a real danger to newborns
. First, newborns can acquire the infection if the bacteria is transmitted from the mother. If the infection in the newborn is not resolved immediately it can quickly develop into sepsis, pneumonia or meningitis. The long term consequences, even for those babies who survive, include life long severe disabilities. Given the risk and the severity of the resulting harm that can occur the protocols regarding Group B Strep and babies are quite clear.Administering antibiotics during labor substantially reduces the likelihood that the mother with the Group B Strep bacteria will transfer it to her baby. Given the risk to newborns most physicians agree that antibiotics should be administered to all pregnant women who have a history of the bacteria earlier in the pregnancy or a prior pregnancy. They also generally agree that all other pregnant women should generally be screened for the presence of the bacteria between weeks thirty five and thirty seven of the pregnancy even if they have no symptoms. The test is normally performed with a swab and the samples are processed in a laboratory in an enriched culture medium. The results of the test are typically available in twenty four to forty eight hours. A positive test result should be followed by treatment with antibiotics during labor.
In this reported case an expectant mother, at full term, reported to the hospital for the scheduled delivery of her baby. The expectant mother had previously been screened for Group B Strep in the thirty second week of the pregnancy. The screening test had shown up positive. When an expectant mother tests positive for the bacteria, physicians generally agree that antibiotics need to be administered during labor in order to prevent the transmission of the bacteria to the newborn. She then experienced a spontaneous rupture of the membranes in the thirty sixth and thirty seventh week. Ruptured membranes increase the likelihood of infection if the rupture occurs a certain amount of time prior to delivery, as had occurred in this case. Finally, she was febrile (had a high temperature) during labor and delivery. A high temperature is itself a sign of infection.
All three factors pointed to the need to administer antibiotics in order to protect the health of the baby. The expectant mother's physician, however, failed to administer any antibiotics during her labor. As her labor progressed, the fetal heart rate monitor began indicating variable decelerations in the unborn baby's heart rate. This is suggestive of fetal distress. Given the presence of fetal distress, the physician opted to perform a C-section. It did not take long before the newborn showed signs of an infection. It turned out to be a Group B Strep infection. As a result of the infection the child was left with learning disabilities. The law firm that represented the family in this matter reported that a settlement was achieved in the case in the amount of $962,000.
If a physician fails to administer prophylactic antibiotics during labor to a mother who tested positive for Group B Strep during the current pregnancy or a prior pregnancy, or who was not screened and demonstrated any of the known risk factors, her baby is at risk of developing the infection. As such, the baby should receive antibiotics even without having any symptoms of infection. If the baby is not placed on antibiotics then the baby needs to be carefully monitored, especially for the first 24 hours after being born. The majority of early onset cases occur during this time frame. Fever, difficulty breathing, limpness, lethargy, stiffness and seizures are among some of the signs that the baby has the infection. Should the baby exhibit signs of the infection antibiotics can be administered and a full diagnostic workup conducted. Any delay in treatment can result in death or devastating lifelong disabilities.
The case shows how a series of medical mistakes can result in just such an injury to the baby. When a physician commits such errors, fails to implement the appropriate protocols, and thus provides care that is below medical standard of care, the physician may be liable for medical malpractice. Even though most settlement agreements generally do not include any admission of liability on the part of the defendants it is not surprising, given the failure to administer antibiotics even though so many factors indicated a need for it, and the resulting harm to the baby, that a substantial settlement was reached in this matter.
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