Physician Pays $457,000 On Lawsuit Of Death Of Baby Because Of Failure To Administer Antibiotics

If a baby acquires an infection from the group b streptococcus bacteria there is a very serious risk to the newborn's wellbeing that results

. It can even lead to the death of the newborn. Newborns who survive can develop life-long disabilities for instance cerebral palsy. The infection can quickly develop into pneumonia, sepsis (an infection that spreads across the body), and meningitis. Doctors recognize that a mother who is carrying the bacteria can transfer it to her infant during childbirth. Given dangers associated with the bacteria in a baby physicians thus normally treat expectant mothers who are either known or suspected of carrying the bacteria with antibiotics during labor.

For this reason, doctors generally are in agreement that the use of the correct antibiotics is essential during labor when

one or more of these conditions are present. First, if the expectant mother has a history of carrying the bacteria during a previous pregnancy. The mother was Group B Strep positive during the current pregnancy (asymptomatic expectant mothers are normally screened for Group B Strep during weeks 35 to 37 of the pregnancy). Physicians also generally concur that the antibiotics are to be given in the course of labor when the pregnant woman exhibits any of the risk factors for colonization the bacteria. The type of risk factor is the rupture of the expectant mother's membranes beyond eighteen hours prior to labor. When a doctor is informed of a known history or the existence of any of the risk factors yet does not use antibiotics and the baby subsequently acquires a Group b strep infection and endures serious injury because of this, the physician might be liable for failing to meet the standard of care.

Consider the report of a lawsuit regarding a nineteen year old female who, before reaching full term, was admitted to a hospital to give birth to her child. It was known by the physician who delivered the infant that the mother had had a rupture of her membranes over 18 hours preceding the start of labor. The doctor, however, failed to administer proper antibiotics for GBS. Upon birth her baby was depressed and needed resuscitation. The staff resuscitated the infant and subsequently deducted that the problem had been brought on by a GBSinfection. The baby died 2 days later from infection related complications. The law firm that represented the baby's mother was able to report that the case went to trial and the jury came back with a verdict in amount of $457,000.

This claim shows that a group b strep infection may be fatal in a newborn. The need for antibiotics in instances where the

pregnant woman has one or more risk factors is thus commonly stressed by doctors. In such situations, the failure to follow through with the administration of the appropriate antibiotics during labor or, if needed, after birth may lead to liability under a medical malpractice or wrongful death claim.

by: Joseph Hernandez

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