Our son did not get treated for group b strep after delivery. He ultimately died 4 days after he was born. All the records are very sketchy and incomplete on whether he was treated or not. We know that he was not treated for the infection.I am advanced maternal age, 41, this was my fifth child and my due date was oct 27th of 2014. I delivered my son on oct 5th. He died oct 9th. The delivery only took about 20 minutes cause I was fully efaced when arriving at the hospital. He weighed 3 lbs 9 ozs. His apgar scored was 9 and 9 at 1 and 5 mins after birth. He did not deveolp a problem until after he was 12 hours old.
This is absolutely tragic. You should contact a personal injury lawyer in your area who handles medical malpractice cases. These attorneys will offer you a free consultation and, will take your case on a contingent fee basis - meaning they will only get paid if you settle or win your case. I suggest you act quickly given your comments about sketchy and incomplete records.
I am sorry for our loss. You need to gather all of the records right away and contact a lawyer that handles medical malpractice cases. It is hard to say whether you have a case but certainly you should investigate. In order to file a malpractice case you need a medical expert to review the records and be willing to opine that your doctor/hospital deviated from the standard of care and that deviation caused the death of your child. Good luck.
Possibly you would have a case. Before delivery, there are to perform a quick strep test. A simple shot of penicillin-type antibiotic is then injected into the mom, this clears it usually. If you were tested and didn't get a shot, you might have a claim. or if you were not tested, you might have a claim. You'd also be tasked with proving -- with medical evidence -- that the death of the child was directly related to the strep infection and not some other cause.
My condolences for your loss. You should go to the nearest large city in MS, and find an experienced malpractice attorney who has handle birth trauma cases. If you tested positive for GBS, then you should have been treated with IV penicillin. I would definitinely have your and your sons records reviewed. You did not indicate what he died form. A death certificate stating Strep,, would be a big first step toward proving a case.
Medical Malpractice cases are quite complex. There is rarely a hard and fast answer to questions like this. Most lawyers will consult for free and the good ones who know what they are doing have experts they can contact to review the records for a medical termination as to whether the standard of care was breached. You should find a reputable medical malpractice lawyer, but there aren't many of them in the state, so be persistent.
Not enough information to evaluate, so a malpractice lawyer can order the medical records to investigate. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
Here us a link to the Centers for Disease Control's recommendations for treatment of expectant mothers with Group B strep:
You did not say whether an autopsy was done and, if so, what the cause of death was. If your son died from the strep B, that would be important to know if you are considering pursuing a claim.
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