Group B Streptococcus Misdiagnosis Claims

Group B strep is a type of bacteria called ‘streptococcal bacteria’ which is carried by up to 2 in 5 people.  The bacteria is typically found in the rectum or vagina, and is harmless in most cases except for pregnant woman (as the bacteria can spread to the baby) and young babies.

In most cases, even if the mother is carrying GBS, the baby will be unaffected by the bacteria.  There is, however, a small risk that the baby may be made ill by the bacteria passed to them during birth.

If detected in time, babies with GBS go on to make a full recovery.  Delays in treatment can lead to serious side effects.

The signs of group B streptococcus can be difficult to spot, especially in children.  This is why it is often misdiagnosed or there is a delay in diagnosing group B streptococcus.

Symptoms of babies with GBS may include:

• being unresponsive and floppy
• grunting when breathing
• very high or low temperature
• rapid or slow breathing
• rapid or slow heart rate

Anyone who is concerned their baby may have been affected by GBS following birth should seek emergency medical care for the child.  If GBS is suspected, antibiotics will be provided to bring the infection under control.

Late diagnosis, misdiagnosis, or negligent treatment of group B streptococcus can lead to a range of outcomes for the baby affected, including:

• sepsis
• meningitis
• loss of sight
• loss of hearing

In very rare cases, GBS can be life-threatening if not treated quickly and effectively.

It should be noted, however, that most babies treated for GBS will go on to make a full recovery.

To make a group B streptococcus compensation claim, speak to one of our infection misdiagnosis solicitors.  They will take the time to listen to the details of your case in an empathetic and caring manner and advise if you have grounds for a claim.  To do so, they will assess if you were owed a duty of care, whether the duty of care was breached, and whether breaching the duty of care caused your injuries.  If these three facts are supported by evidence, you will may have a strong case for compensation.

Your Solicitor will handle your case for you, including collating the necessary evidence (including medical records and correspondence) and will write to the organisation responsible for your care laying out the grounds for your claim.

Yes; the ‘limitation’ period to bring a claim for medical negligence is three years from the date of injury, or in some cases the date of knowledge of the injury.  This means that if you became aware of the injury or diagnosis weeks, months, or even years later, the three-year period would have commenced from that point.  In rare circumstances, the Court may use its discretion to extend the limitation period, but only for exceptional reasons.

Yes; Devonshires Claims can provide:

• ‘No Win No Fee’ group B streptococcus claims service.
• ‘No Win No Fee’ arrangement is also known as a ‘Conditional Fee Agreement’. Under a No Win No Fee agreement, you will not be charged any costs if your case is not successful*.

If you win your case, you will pay a maximum of 25% of your damages in Solicitor’s fees**.

Medical negligence injury claims are rarely completed quickly.  The timescale for a group B streptococcus injury claim will depend on the individual circumstances of your case; however, most cases commonly take between two and three years to fully conclude.  Factors which will affect how long your claim takes may include:

• your child’s long-term prognosis
• whether ongoing care is required
• how much rehabilitation is needed
• whether you require costs to cover home modifications
• Whether the defendant admits liability (if they do, claims can usually be concluded much faster).

Compensation claims for group B streptococcus medical negligence not only reflect the physical and mental pain and suffering experienced but also:

• Allow victims to obtain justice for the mistreatment and negligence they experienced
• Highlight failings in clinical practice, standards of care and protocols
• Provide families with an explanation of the incident and an apology if shortcomings are acknowledged

The compensation payment will depend on several factors:

• The pain and suffering of the victim
• The prognosis of the victim
• The impact of the delay and / or negligence on health and quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance
• Any financial losses experienced as a result of the injuries – including past loss of earnings, medical expenses, travel expenses and equipment costs
• Any future financial losses, e.g. loss of earnings, loss of promotion prospects, pension

Compensation for medical negligence injury fall into two main categories:

• General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life.
• Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment and loss of income.