Physician's Failure to Administer Antibiotics

physician negligence

During pregnancy, bacteria can be transmitted from the mother to the baby resulting in serious injuries or even death to the newborn. Some bacteria are not active so, in order to detect them, the doctor must conduct appropriate screening.

For instance, the Centers for Disease Control and Prevention (CDC) estimates roughly 25% of all pregnant women carry Group B strep. So the CDC, the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists all recommend that pregnant women should be tested for Group B Strep (GBS) at roughly 35 to 37 weeks. If the mother tests positive, IV antibiotics should be administered during labor. If for whatever reason, screening is not performed at 35 to 37 weeks, IV antibiotics should typically be given prophylactically during labor and delivery for patients who are at high risk. High-risk patients are as follows:

  • A mother that experienced a ruptured membrane (water broke) more than 18 hours before delivery.
  • A mother in premature labor (before 37 weeks)
  • A mother who develops a high fever during labor

Certain groups of people are also at higher risk for GBS, and those include people with diabetes, heart disease, cancer or history of cancer and obesity.  Typically, pregnant women do not feel sick of have symptoms of GBS.  However, if Group Strep B is passed on to the baby, it can have tragic results including cerebral palsy, blindness, seizures, hearing loss, mental deficits, learning disabilities and even death.  In fact, the CDC estimates 4% to 6% of babies who develop GBS will die. 

Symptoms of GBS in a child can include: fever, irritability, lethargy (lack of energy and alertness), discolored/bluish skin, difficulty feeding and difficulty breathing.

If you believe you or your child has suffered an injury that could have prevented with proper medical care, we invite you to call our office and speak with one of our reputable medical malpractice attorneys. Because of his expertise, John Day has been certified by the American Board of Professional Liability Attorneys in Medical Malpractice. In addition to his vast experience, his reputation and leadership in the field of medical malpractice has resulted in John being invited multiple times to testify before the Tennessee Legislature on changes to the State's medical malpractice laws.  John Day has been recognized by Best Lawyers in the field of medical malpractice every year since 2007, and Best Lawyers has named him the Medical Malpractice Lawyer of the Year for Nashville not once but twice.  And to assist with your medical questions and concerns, we have a nurse on-staff full-time.

Our award-winning lawyers handle all birth injury cases on a contingency basis so we do not collect a fee unless we recover money for you and your family. Unlike a lot of lawyers, we never ask our clients to assume costly litigation loans.  Instead, we advance all case expenses without interest.  We are proud of the birth injury case results we have obtained on behalf of families who have been injured by substandard medical care and we would like to help you and your family too.  If you would like to discuss a potential claim, we offer a free consultation without obligation.  To discuss your case, please contact us online or call us at:

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