Failure to treat Group B Strep when waters have broken early in labour

Case Background

Claire* did not experience any issues with her pregnancy until she underwent a scan at 35 weeks which confirmed that her baby, James* was in a breech position. Claire was advised to return in two weeks to have James turned if he had not turned naturally in that time. James did turn naturally, but a concern arose that a membrane sweep would be needed if she didn’t deliver within a week, so an appointment was booked at the hospital. On the day that the sweep was arranged, at 41 weeks, Claire believed her waters broke and she contacted the hospital who advised her to come in.

Throughout Claire’s pregnancy she was advised that she tested positive for Strep B which meant that James would need to be delivered within 24 hours of her waters breaking. When Claire presented at the hospital, she was told that her waters had not broken, and as she was nowhere near dilated, she would have to come back in 2 days for a further sweep. When Claire returned two days later, she was again advised that her waters had not broken but instead that her baby may be pushing on the bladder. She attended again 3 days later and received the same advice, so an appointment was arranged to induce labour.

Claire began to feel quite nauseous and fatigued so attended the hospital the day before her scheduled appointment. The hospital advised her that her front waters had broken but the hind waters were empty, and she should’ve been swabbed to check for this at previous presentations. It was decided that Claire should be induced into labour earlier than planned, but after she spent hours on induction medication, she was advised that her only option was an emergency caesarean section as she was not dilating.

James was delivered by emergency c-section weighing 13lb 3 oz and had to be rubbed down to resolve his initial grey colour at birth. The grey colour later returned, which caused great panic for Claire and her partner, and nurses rushed James to the Intensive Care Unit. Claire was advised that James’ infection markers were high and that he needed to be ventilated.

Claire was discharged 3 days after labour and was later placed on antibiotics for e-coli. James subsequently underwent a lumbar puncture due to meningitis suspicions and was eventually stabilised and discharged around 1 month after admission.

The hospital suggested that Claire’s experiences were a result of James remaining undelivered, despite her waters being broken at her initial presentation at the hospital, which caused James to inhale his own vomit and faeces. Claire and her partner are both dealing with the emotional distress of the birth of their first son and feel as though they cannot go through the process of labour again as a result. Had they been provided with the appropriate care and treatment which should have included giving Claire antibiotics for Group B Strep as soon as her waters broke, these subsequent issues may have been avoided. It is not clear whether James will suffer any long term consequences of his infection at this time.

How Slater and Gordon are helping

We are in the very early stages of the legal claim and are in the process of collating both Claire’s and James’ medical records, as well as other supporting documents, to conduct a full review. Once reviewed we intend to obtain expert medical opinions and advice on the potential breaches of duty that occurred. The relevant medical fields for a claim of this nature include midwifery, neonatology, obstetrics and microbiology.

Group B Strep

Slater and Gordon works in partnership with Group B Strep Support to help raise awareness of the signs and symptoms of Group B strep and how medical staff should be dealing with any history of Group B Strep. This is crucial work that highlights the importance of ensuring people like James and Claire are more protected and treated properly at hospitals.

Group B Strep Support have produced an informative e-Learning module on GBS for maternity, neonatal and general practice staff in the UK to help achieve their mission of increasing education on this issue. Their website is home to various pieces of advice and support as well as contact information for their helpline service, which is accessible by all members of the public.

If you or your baby has been affected by GBS infection and have concerns that you did not receive the appropriate care/treatment from medical professionals, please contact Laura Preston at ljpreston@slatergordon.co.uk. Laura Preston is a medical negligence expert with special interest in GBS cases and sits on the GBSS legal expert panel.

*Names have been altered to protect anonymity