Group B Streptococcus, commonly called GBS, is a type of bacteria that naturally lives in the gastrointestinal and genital tracts of many adults without causing harm. During pregnancy, however, it becomes a serious concern. If a pregnant woman carries GBS and it goes undetected, the bacteria can be transmitted to her baby during labor and delivery. The results can be devastating, ranging from neonatal sepsis and pneumonia to meningitis and, in the most severe cases, permanent disability or infant death.
When a doctor or healthcare provider fails to screen for GBS, misreads a test result, or neglects to administer preventive antibiotics during labor, it may constitute medical malpractice. At Wagner Reese LLP, our Indianapolis personal injury lawyers have spent decades holding negligent medical providers accountable for failures that injure mothers and newborns. Our firm has earned Tier-One Best Law Firm recognition from Best Lawyers in America, and both founding partners have been honored with Trial Lawyer of the Year.
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What Is Group B Strep and Why Does Screening Matter?
GBS is present in roughly one in four pregnant women and typically causes no symptoms in the mother. The danger arises during delivery, when the bacteria can pass from mother to baby through the birth canal. The Centers for Disease Control and Prevention notes that healthcare providers should screen all pregnant women for GBS bacteria, and antibiotics given during labor are the primary method for preventing early-onset GBS disease in newborns.
The standard of care requires OB/GYN providers to perform a vaginal-rectal culture between 36 and 37 weeks of gestation. When this test is skipped, improperly processed, or the results are not acted upon, a baby can be born into immediate medical crisis. Infections caused by missed GBS screening can cause bacteremia, sepsis, pneumonia, and meningitis in a newborn’s first days of life, and these conditions can result in irreversible brain damage or death.
How a Missed GBS Diagnosis Becomes Medical Malpractice
Not every poor outcome after delivery rises to the level of medical malpractice. The legal standard requires showing that a healthcare provider deviated from the accepted standard of care and that this deviation directly caused harm. In GBS cases, several specific failures can meet that standard.
Negligent medical conduct in Group B Strep cases often includes:
- Failure to order the culture: A provider who skips the GBS screening altogether, without a documented clinical reason, may be acting outside accepted obstetric protocols.
- Improper specimen collection or lab processing: Cultures collected incorrectly or processed without proper handling can produce false-negative results, leaving a GBS-positive mother unidentified.
- Failure to communicate results: Even when a positive result is returned, a provider who does not incorporate that information into the labor and delivery plan has made a critical error.
- Failure to administer intrapartum antibiotics: A GBS-positive mother who does not receive antibiotics during labor is left without the primary preventive measure that protects her baby.
- Failure to recognize risk factors: Providers who observe warning signs, such as prolonged rupture of membranes, and do not treat accordingly may also be liable.
When any of these failures results in a newborn suffering a GBS infection, the legal question turns on whether proper care would have prevented it.
Injuries Linked to Untreated GBS Infections in Newborns
The consequences of a GBS infection in a newborn can be immediate and catastrophic. Early-onset disease, which appears within the first seven days of life, is most directly tied to maternal transmission during delivery. Among the most serious outcomes are infant meningitis and sepsis, which can cause permanent neurological damage. Our birth injury attorneys work with medical and economic professionals to document the full impact of a preventable GBS injury, so that any recovery reflects what your family will actually need.
Infants who survive severe early-onset GBS disease may face ongoing challenges related to hearing loss, cognitive disabilities, and motor impairments. Neonatal intensive care, long-term therapies, adaptive equipment, and educational support all carry substantial costs. Our team has extensive experience handling Indiana birth injury cases and understands the financial and emotional toll these injuries place on families.
Filing a Medical Malpractice Claim in Indiana
Indiana has specific procedural requirements for medical malpractice claims that differ from standard personal injury cases. Before a lawsuit can be filed in court, most claims must go through the Indiana Medical Malpractice Act’s review process. The statute of limitations is generally two years from the date the malpractice occurred or was discovered. Our OB/GYN malpractice and failure to diagnose attorneys are familiar with Indiana’s procedural framework and can walk your family through what to expect at every stage.
Delays can limit evidence and witness availability, which is why speaking with an attorney as early as possible matters. We also handle related claims for families whose providers made errors before, during, or immediately after delivery, working to build the strongest possible record on behalf of our clients.
Contact Wagner Reese LLP for a Free Consultation
Wagner Reese LLP has represented Indiana families in complex medical malpractice and birth injury cases for more than 150 combined years. Recognized among Indiana’s elite personal injury attorneys through Super Lawyers and Best Lawyers in America, our founding partners, Stephen Wagner and Jason Reese, have the courtroom experience to take on the most difficult cases.
We handle all cases on a contingency fee basis, meaning you pay nothing unless we recover for you. If your newborn suffered a GBS infection that a provider failed to prevent, contact us today to discuss your options. Reach our team through our contact page to schedule a free, confidential consultation.
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