Georgia Hospital Settles Birth Injury Medical Malpractice Case

On March 1, 2018, a Georgia hospital settled a birth injury medical malpractice case filed against it that alleged that two physicians that it employed failed to provide care consistent with the required standard of care, which resulted in the baby suffering a severe brain injury at her birth in 2011. The amount of the Georgia birth injury medical malpractice settlement has not been disclosed. The Georgia medical malpractice trial had been scheduled to begin on March 5, 2018.

The Underlying Facts

The woman was at 35 weeks into her pregnancy with her second child when she went to the defendant hospital on July 28, 2011 because she was having preterm contractions. She was admitted by the hospital OBGYN for monitoring of her preterm labor. Notably, the defendant hospital did not offer labor and delivery services at that time.

The OBGYN ordered magnesium sulfate to stop the woman’s preterm labor, and also ordered intravenous Ampicillin prophylactically to protect the baby in the event that the woman delivered at that time because she had not yet been tested for Group B Streptococcus (“GBS”). The OBGYN did not order a culture to test for GBS before ordering the intravenous antibiotic, which was allegedly a violation of the standard of care.

The woman responded to the magnesium sulfate, which stopped her preterm labor, and she was discharged from the hospital two days later. The woman was examined by another OBGYN employed by the hospital during her regularly scheduled prenatal appointment on August 1, 2011, who tested her for GBS, which was reported as negative on August 10, 2011.

The plaintiffs’ Georgia birth injury medical malpractice lawsuit alleged that the outpatient OBGYN should have recognized that he could not rely on the results of the GBS culture taken on August 1, 2011 because the woman had been treated with intravenous antibiotics on several occasions in the hospital a few days before her prenatal appointment.

During the morning on August 18, 2011, the woman went to the hospital because she was in labor. The hospital medical personnel checked her medical records and saw that her GBS culture had come back as negative. The medical staff therefore did not provide the woman with antibiotics during labor. The woman delivered a healthy-looking baby that evening.

At about 24 hours after being delivered, the newborn had a temperature of 102 degrees Fahrenheit. Medical testing determined that the newborn had contracted GBS at birth that resulted in meningitis. The brain infection caused the newborn to suffer seizures and she was later diagnosed with cerebral palsy, developmental delay, and cortical visual impairment. As a result, the child will require full-time care for the rest of her life.


If you or your baby suffered a birth injury (or worse) during labor and/or delivery in Georgia or in another U.S. state, you should promptly find a Georgia birth injury attorney, or a birth injury attorney in your state, who may investigate your birth injury claim for you and represent you and your child in a birth injury medical malpractice case, if appropriate.

Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find birth injury lawyers in your state who may assist you.

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This entry was posted on Saturday, March 24th, 2018 at 5:19 am. Both comments and pings are currently closed.

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