Group B Strep (GBS) Negligence Compensation Claims

GBS is a bacteria that lives in the reproductive areas and digestive systems of males and females. It usually has little to no effect on healthy people, often going completely unnoticed. But, if a pregnant woman passes the bacteria onto her baby, it can become dangerous.

Babies exposed to the bacteria are more at risk of meningitis and other potentially life-threatening infections. In most cases, GBS is transmitted from mother to baby during labour. The RCOG states that one in 1750 newborns develops early-onset GBS.

While many babies survive, a small percentage die, and others are often left with ongoing mental and physical disabilities. Although rare, some babies develop a group B strep infection while still in the womb, increasing the risks of stillbirths. In many cases, GBS cases occur due to medical negligence.

In most cases – even if a healthy adult carries GBS – they don’t experience any symptoms. However, adults with the following are more likely to develop symptoms:

• Congestive Heart Conditions
• Heart Disease
• A History of Cancer
• Liver Problems
• Diabetes
• Obesity

Older adults might have a slightly higher risk due to a weakened immune system.

Some adults might notice general symptoms, such as cold-like symptoms, muscle pain, swelling and chills. Unfortunately, others might develop a severe infection and complications, including:

• Skin and soft tissue infections
• UTIs (Urinary tract infections)
• Sepsis
• Pneumonia

Even if an adult experiences no symptoms (and most won’t), medical professionals have a duty to examine pregnant women and ensure they do everything possible to identify GBS.

The symptoms and complications are more serious when a baby develops an early-onset GBS infection. Most cases occur during labour and birth, but the mother can also pass the infection to their unborn child.

Around 66 babies develop the condition every month in the UK and Ireland, with most recovering. Unfortunately, recovery often depends on identifying the symptoms quickly and treating the baby.

• Skin colour changes
• Failing to feed properly
• Persistent crying
• Breathing problems

• Hearing and vision loss
• Meningitis
• Cerebral Palsy
• Pneumonia
• Sepsis

All of these complications can be life-threatening, and many will cause long-term physical and mental disabilities. Some babies will sadly pass away due to the infection, which is why early intervention and treatment are so important.

To make a medical negligence claim, you’ll need to prove that infection and complications occurred because a professional failed in their duty of care. Pregnant women are more at risk of passing the infection to their baby when:

• The child is premature
• Labour has lasted more than 18 hours
• The mother’s previous pregnancy resulted in a GBS infection

As the UK doesn’t usually screen for GBS, identifying it can be challenging. However, everyone in charge of your care should be able to spot warning signs and decide whether your baby might be at risk.

• Failing to follow the correct procedures when treating pregnant women
• Not spotting or failing to manage the patient’s symptoms
• The medical professionals failed in their duty of care for the patient
• There is a delay in medical care

All of these can cause serious injuries to the baby, so you should be able to claim compensation for any complications.

Eligibility for group B strep claims depends on whether you can prove the hospital or medical professional was at fault. Doctors and nurses are trained to identify the symptoms of GBS infections and should be able to identify any risks with your pregnancy.

If they fail to spot those risks or don’t identify symptoms in your baby, you have every right to claim compensation. Calling 0800 234 6438 or using the online form gives you access to free initial advice.

If the specialist feels you’re eligible for compensation, they’ll connect you with a specialist medical negligence solicitor.

No win no fee claims are popular, because they come with no risks. Instead of paying an upfront fee, you won’t deal with legal charges unless the solicitor wins your case. They’ll take their fees out of your compensation amount, but you won’t pay anything if they lose the case.

Conditional fee agreement medical negligence claims give you peace of mind and ensure your financial situation doesn’t worsen. The solicitor won’t take on your case unless they feel you’ll win.

The compensation you or your child receives depends on the extent of the infection and its long-term effects. All claims have two components, with both contributing towards your compensation amount:

• General Damages: The injury or illness and its impact on the patient’s life form the general damages component. Your solicitor will look at the degree of negligence and any loss of amenity.
• Special Damages: Any costs associated with the diagnosis fall under special damages. For example, a parent might take time off work to care for their baby. Travel, private medical care, and other expenses can also be considered special damages.

While using a compensation calculator can provide an estimated amount, it’s essential to remember that each case is different. The best way to see how much you could claim is by speaking to professional medical negligence solicitors.

The following compensation amounts are estimated based on other cases. Depending on the symptoms and complications, your GBS claim might be worth more or less.

Babies who develop cerebral palsy or other severe complications that result in a lifelong disability could receive millions in compensation. Ultimately, it depends on your individual case and the long-term implications of the negligence.

Evidence is vital for securing compensation, as it proves that group B streptococcus was caused by negligence. Your solicitor will gather evidence on your behalf, but you can simplify the claims process and even speed it along by collecting your own evidence.

The following forms of evidence are most important for group B strep claims:

• Medical Records: Your medical records contain vital information about whether a specialist examined you and if they correctly identified group B strep risks. If a mother passes the infection to her baby, your solicitor will review both records.
• Medical Assessment: In most cases, your solicitor might arrange for an independent medical expert to review your case and provide specialist testimony. The negligent party might also set up a medical assessment.
• Expenses: Medical negligence and birth injury claims depend on evidence, and you should keep records of all expenses related to the group B streptococcus infection. For example, any time off work, private medical fees, home adaptations, and travel costs count towards your claim.

In most cases, you can make a compensation claim for up to three years from the initial date of negligence. For example, if the doctor ignored risk factors and didn’t order a group B strep test, you can claim compensation for three years after you or your baby develop symptoms.

There are some expectations to the rule; especially if a child wants to claim later in life. If a child suffers complications due to medical negligence, they can file a compensation claim for up to three years after turning 18.

That depends on whether you were treated by an NHS facility or opted for private care. All NHS compensation claims are handled by the NHS Resolution service. If you give birth in a private facility, the healthcare provider’s insurance company will usually handle the claim.

Group B strep support can help you deal with any financial losses and pay for vital care. It’s important to claim as soon as possible because medical negligence claims can take a while to settle.

While many people don’t need to attend court, your solicitor might initiate proceedings if neither party agrees on compensation.