Having a baby should be remembered as an incredible moment in life. However, if the mother or child suffers an injury during birth, the memories…
Group B Strep (GBS) compensation claims
If you or your child has been impacted by Group B Streptococcus (GBS), you could be entitled to make a Group B Strep compensation claim.
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Group B Strep Claims
If you, your baby or another loved one suffered avoidable harm due to a failure to diagnose or manage a group B strep infection, you may be eligible to make a group B strep claim.
Group B strep is a common type of bacteria that is usually harmless in healthy adults. However, it can cause severe infections in newborn babies and adults who suffer from long-term illnesses such as liver disease, diabetes or a weakened immune system.
Potential complications of group B strep infections include sepsis, pneumonia, meningitis and vision loss. If medical negligence has affected you or your baby, our team of solicitors are here to help you make a claim and secure the compensation you deserve.
To get started with a free case assessment, call 0800 470 0474 today or use our online claim form to arrange a call back.
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Table of Contents
What is group B streptococcus?
Group B Streptococcus, often referred to as GBS or strep B, is a common type of bacteria. It is also known as Streptococcus agalactiae and is frequently found in the digestive system and lower genital tract of 20-40% of both men and women.
While it is usually harmless in adults, it can be life-threatening to newborns if transmitted by the mother during pregnancy or labour. Infections can lead to sepsis, meningitis, pneumonia, or stillbirth.
Besides babies, a strep B infection can also cause severe complications in older individuals as well as those with weakened immune systems and chronic conditions like diabetes.
Am I eligible to make a group B strep claim?
You may be eligible to make a medical negligence claim related to a group B infection if the following can be proven:
- You were under the care of a healthcare provider (duty of care).
- They have failed to identify, monitor, or treat a GBS infection (breach of duty).
- This breach of duty of care caused avoidable harm to you or your baby (causation).
- You suffered harm and loss as a result (damages).
- The negligence occurred within the legal time limit for making a claim.
Our team of medical negligence solicitors will be happy to offer you a free consultation to assess the merits of your claim.
Who will my claim be against?
Your group B strep negligence claim will typically be brought against the NHS Trust responsible for the care you received.
It is essential to understand that your claim will not be against the individual doctor, GP or midwife involved in your care, but rather the organisation as a whole.
All NHS negligence claims will be handled by the NHS Resolution service and will not impact the funds allocated for patient care and treatment.
If you received care from a private healthcare provider, such as a private GP, hospital or clinic, your claim would be made against that private entity or individual.
The General Medical Council requires all private practitioners to hold professional indemnity insurance to cover claims for medical negligence, such as yours.
How do I make a group B strep compensation claim?
If you want to initiate a claim for a group B streptococcus infection, all you need to do is contact a specialist solicitor as early as possible. They will guide you through all the steps of the legal process, which include:
- Gather relevant medical records and evidence.
- Obtain an independent medical expert report to support your claim.
- Send a letter of claim to the defendant and wait for their response.
- Begin negotiations for compensation if liability is admitted.
- Initiate court proceedings if liability is denied or you cannot settle.
- Receive your compensation if you win the claim.
Who is at risk of group B strep?
In healthy adults, GBS does not typically cause harm. However, the bacteria can sometimes cause infections in adults if they:
- Are older than 75.
- Have a weakened immune system.
- Suffer from an underlying medical condition, such as cancer, liver disease or kidney disease.
- Have recently had surgery or an invasive procedure.
Pregnant women and newborns are most at risk of developing severe GBS infections. According to the Royal College of Obstetricians and Gynaecologists (RCOG), babies are more likely to acquire an infection if:
- They are born prematurely (especially before 37 weeks).
- The mother had another baby who developed a group B strep infection.
- The mother has a fever during pregnancy.
- The mother’s water breaks more than 18 hours before delivery.
What is considered medical negligence in group B strep cases?
Medical mistakes that could be considered negligence in group B strep cases include:
- Failing to test a pregnant woman or newborn baby for GBS.
- Misinterpreting GBS test results.
- Failing to act on a positive test result.
- Failing to identify the symptoms of GBS.
- Delays in administering antibiotics to the mother or baby.
- Finishing an antibiotic treatment too early.
- A newborn contracting GBS in the hospital due to poor hygiene and safety measures.
- Inadequate monitoring for signs of BGS infection.
What types of health issues can GBS infections cause in adults?
While rare, group B strep can cause problems in adults, especially if they are elderly or suffer from chronic health conditions. The severity of GBS infections in adults can vary from mild symptoms to very serious cases, such as:
- Sepsis, which can be life-threatening.
- Skin and soft tissue infections, including cellulitis.
- Pneumonia (lung infection).
- Urinary tract infections.
- Bone and joint infections.
- Endocarditis, a severe infection of the heart’s inner lining.
- Deep eye infections.
- Meningitis (in rare cases).
If you developed a GBS infection due to clinical negligence or your condition was misdiagnosed or mismanaged by a medical professional, you may be entitled to make a compensation claim.
What are the symptoms and complications of GBS in babies?
Newborn babies are among the most at risk of group B strep and can suffer severe complications if they contract the bacteria. According to Group B Strep Support, every week, on average:
- 14 babies develop a GBS infection.
- One baby dies from group B strep.
- One baby develops a long-term disability as a consequence of group B strep.
Symptoms of the infection in babies can develop within 12 hours of birth (early-onset) or from one week to three months after birth (late-onset) and include:
- Very fast or slow breathing.
- Too high or too low body temperature.
- Seizures or jittery movements.
- Being floppy, limp or unresponsive.
- Poor feeding or vomiting.
- Changes in heart rate or skin colour.
While most babies with a GBS infection will make a full recovery with adequate treatment, some may develop serious complications, such as:
- Sepsis.
- Pneumonia.
- Cerebral palsy.
- Hearing or vision loss.
- Meningitis.
- Learning difficulties.
- Kidney damage.
If your child suffered avoidable harm as a result of group B streptococcus, you may be able to start a medical negligence claim.
Can I make a birth injury claim on behalf of my child?
If your child has suffered harm as a result of group B strep negligence, you can make a birth injury claim on their behalf.
You can represent them as a litigation friend up until their 18th birthday, but it’s strongly recommended to take legal action as soon as possible. This will make it easier to access evidence and build a strong case.
Any compensation awarded to your child must be approved by a judge and will be kept in a court bank account or personal injury trust until they turn 18. However, you can request early release of funds if it is in the child’s best interests.
If you don’t claim compensation for your child, they can make a claim themselves once they turn 18 and have until their 21st birthday to do so.
Evidence needed to support a group B strep infection claim
To build a strong group B strep claim, you need various types of evidence, which could include:
- All your medical records from pregnancy, labour and postnatal care.
- Medical records detailing your infection and the complications it has caused.
- Test results confirming the presence of GBS and your treatment history.
- Independent reports from medical experts detailing whether the care you received fell below a reasonable standard.
- Photographs or videos of any visible injuries.
- Statements from you and witnesses describing the events and how they have affected you or your baby.
- Proof of financial losses, such as private treatments, care costs and loss of earnings.
What is the time limit to make a claim for GBS negligence?
Under the Limitation Act 1980, you have three years to claim compensation if you suffered an injury as a result of medical negligence. This starts from the date the injury is diagnosed and linked to negligent medical treatment.
For children, the three-year time limit does not begin until their 18th birthday, meaning you effectively have until your 21st birthday to start a claim. A parent or legal guardian can make a child injury claim at any time before the child turns 18.
There are other exceptions to the claim limitation date, which you can read more about here: How long do I have to start a personal injury claim?
How much compensation could I receive for contracting group B strep?
The amount of compensation awarded for a GBS infection depends on the type and severity of the injuries it has caused, and it consists of two types of damages:
- General damages are awarded for pain, suffering and loss of amenity.
- Special damages are awarded for related financial losses and expenses, including ongoing therapy and future medical care.
According to our personal injury compensation calculator, you could receive:
- Up to £133,810 for complete deafness.
- Up to £327,940 for loss of sight in both eyes.
- Up to £256,780 for severe damage to both kidneys.
- Up to £493,000 for a very severe brain injury.
How long will my claim take?
Most claims made following a GBS infection are settled within 18 to 36 months. However, your case could take longer or be resolved quicker, depending on several factors, such as:
- The type and severity of the injury.
- The availability of evidence.
- The admission of liability.
- The need for court proceedings.
Your medical negligence lawyer will aim to settle your claim in the shortest time possible. If required, they may be able to secure interim payments for your immediate financial needs.
Will my solicitor help me make a group B strep claim on a No Win No Fee basis?
Yes. If you have a valid claim, your medical negligence solicitor will work on a no win no fee basis, which means that:
- There are no upfront legal costs.
- You won’t lose a single penny if your claim is unsuccessful.
- You only pay your solicitor a success fee if and when you receive compensation.
The success fee is deducted from your settlement and capped at 25% of it.
Is Legal Aid available for group B strep claims?
Since 2000, Legal Aid has been discontinued for personal injury cases, with a few exceptions. These include:
- Claims related to abuse, particularly in cases involving children.
- Medical negligence claims for children who have suffered a severe disability as a result of negligence during pregnancy, birth, or the first eight weeks of life.
Our team of solicitors will be able to advise you on whether you are entitled to Legal Aid and whether this is the best funding option for you.
For a free consultation with a specialist legal adviser, call 0800 470 0474 today or use our online claim form to request a call back.
