Group B Strep Compensation Claims Solicitors

What types of medical negligence increase the risk of Group B strep?

While Group B strep is a common bacteria and routine tests are not currently offered by the NHS, medical professionals should be trained to recognise the warning signs of an infection and take appropriate action to mitigate its risk.

Examples of medical negligence that increase the risk of a Group B strep infection include:

• A failure to consider the increased risks of GBS if an infection was present during a previous pregnancy.
• A failure to offer an induction of labour to a GBS positive mother whose waters have broken at least 18 hours before the start of labour
• Advising women with GBS that it is safe to stay at home in early labour
• A failure to inform the mother of a positive Group B Step test result
• A failure to recognise the early signs of a newborn baby born with a GBS infection
• A failure to provide antibiotics quickly enough to a baby with a suspected GBS infection
• A failure to fully inform the mother about the risks of Group B strep in her labour care plan.

Additionally, the Royal College of Obstetricians and Gynaecologists have published guidance since 2017 that medical professionals should recommend antibiotics for the mother in the following circumstances:

• Labour is premature, before 37 weeks of pregnancy
• The mother has a fever of 38 degrees C or higher during labour
• A positive GBS swab was obtained, or a known GBS urinary tract infection was diagnosed during pregnancy
• A baby was born previously to the patient with GBS infection.

If a mother falls into one of these categories, and antibiotics aren’t offered, this could be classed as medical negligence.

How much compensation can I claim for a Group B streptococcus claim?

The compensation amounts you may receive for a Group B strep claim will depend on how severely the negligence treatment you received has impacted your life.

For Group B Strep claims, it is common to seek compensation for both the mother and the child, as both have been affected by the negligent care they received.

As each Group B strep claim is unique, it isn’t easy to estimate the value of your claim without knowing the specifics of your case. However, our experienced medical negligence solicitors will be able to advise you more clearly on what your claim might be worth during an initial consultation about your claim.

Compensation amounts for Group B Strep caused by medical negligence are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages

General damages amounts relate to the pain and suffering you may have experienced, while special damages relate to the effects the injuries may have on your life.

The Judicial College Guidelines from the Ministry of Justice provide guidance on the amount of compensation you can claim for general damages. General damages are awarded for:

• The severity and type of injury or illness you and your child may have suffered, and the level of pain and suffering you have experienced and may continue to experience
• Psychological distress
• Loss of amenity, including the impact on day-to-day life.

Special damages

In addition to the amount you can claim for general damages, you can claim for any reasonable financial losses or “out-of-pocket” expenses directly related to the negligent treatment you may have incurred.

Special damages are particularly significant in relation to claims where there is a need for ongoing medical support.

Special damages for a Group B strep claim may include:

• Any loss of income or pension
• Any costs associated with rehabilitation or ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs relating to specialist equipment needed
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this care
• Any out-of-pocket expenses, including transport costs.

How long do I have to start a Group B strep compensation claim?

The Limitation Act 1980 has established a legal time frame of three years from the date the negligence occurred, or from the date you became aware of the negligence, to start your claim.

However, when claiming on behalf of a child, the three-year time limit only begins once the child becomes an adult. So, in essence, you have up to your child’s 21st birthday to start aclaim on their behalf.

Can I make a no win no fee claim for Group B strep?

Yes, you can make a no win no fee claim for group B streptococcus caused by medical negligence. Our medical negligence claim solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court costs, and other expenses.

Our specialist legal team can explain how a no win no fee claim works during your free, initial consultation with us, making you fully aware of your position at every stage of the claim process.

What evidence do I need to start a Group B strep claim?

While discussing your claim with our specialist solicitors, we will ask for information you can provide to support your case.

Don’t worry if you don’t have all of this information. Our experienced solicitors can collect this information on your behalf.

Such information may include, but isn’t limited to:

Your medical records

We will build a comprehensive file including all records of treatment you and your baby received. This may include GP records, documentation of all antenatal appointments, scans, reports, test results and all documentation of the birth.

Your experience

The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments, your experience through your pregnancy and childbirth, and the impact of the care you received.

Who can I bring a Group B strep compensation claim against?

You can make a Group B strep claim against any medical professional or organisation responsible for the negligent care, including:

• NHS hospitals and NHS Trusts
• GPs and practice nurses
• Private clinics or hospitals

Claims involving NHS care are usually brought against the relevant NHS Trust

How long does a Group B strep compensation claim take?

The timeframe for a Group B strep claim will depend on the case’s complexity. The length of time a claim may take will depend on how quickly liability can be established and how quickly a compensation amount can be agreed.

Our specialist legal team will be able to advise how long your claim may take once they investigate the specifics of your claim.

What are the symptoms of Group B strep in mothers?

Most mothers may show no symptoms of GBS infection during their pregnancy, but for those who do, symptoms that should be paid particular attention to include:

• Urinary tract infection
• Infections of the skin or soft tissue
• Infection of bones or joints
• Sepsis
• Pneumonia

If an expectant mother shows any such signs, it is expected as a medical professional’s “duty of care” that particular attention is given to see if they have Group B strep.

What are the signs of Group B strep in newborn babies?

The majority of babies who develop a Group B Strep infection do so in the first week of their life, but in a small number of cases, it can affect them up until three months.

Such symptoms may include:

• Inconsistent breathing, including rapid breathing or making noise while breathing
• Being very sleepy, or more sleepy than a typical newborn
• Being unresponsive
• Crying inconsolably
• Appearing unusually floppy
• Trouble feeding or being unable to keep milk down
• Unusually high or unusually low temperature (lower than 36°C or higher than 38°C)
• They feel too hot or too cold to the touch
• Changes in their skin colour
• Abnormally fast or slow heart rate
• Low blood pressure
• Low blood sugar

When a baby shows signs of a Group B Strep infection, they should be given antibiotics urgently and undergo tests to confirm the infection. Antibiotics should be given as soon as possible once a treatment decision is made, as early diagnosis and treatment are the greatest defences against life-threatening or long-term illness.

What are the health risks of a Group B strep infection in babies?

Without urgent medical care, the health risks to newborn babies with Group B strep can be severe. Unfortunately, GBS can lead to serious illness and, in some cases, tragically, can be fatal.

The most common illnesses caused by GBS in newborns can include:

• Sepsis
• Meningitis
• Cerebral palsy
• Lung infections, including pneumonia.
• Loss of hearing
• Loss of sight

Why choose Wolferstans to represent you for your Group B strep claim?

Our team of dedicated specialist medical negligence solicitors has decades of experience helping clients claim compensation even in the most challenging circumstances.

With a proven track record of successful claims, often achieved without the need for you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists.