Group B Strep Claims

Home Services Medical Negligence & Personal Injury Birth Injury, Cerebral Palsy and Paediatric Claims Group B Strep Claims

Group B Streptococcus (GBS) is a common infection in newborn babies that can be very serious, leaving some children with permanent disabilities such as Cerebral Palsy, blindness and deafness. Sadly, GBS can also be fatal.

Claims for medical negligence can be made if there was substandard treatment which led to a baby contracting GBS (such as a failure to give antibiotics during birth when it was known that there was an increased risk of contraction) or where there were delays in diagnosis or other inadequate treatment.

Group B Strep Compensation

Awards of compensation for GBS can be used to fund the treatments a child needs to live life to the fullest and may include home adaptations or new accommodation, therapies, equipment, paid carers and case management.

If you or a family member is concerned about medical treatment in this area, please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. We are highly specialist in infection claims and work closely with leading experts to assess the strength of a claim and the long term needs of the child, including expert obstetricians and paediatric neurologists. We understand that the full extent of a child’s disabilities are not always apparent until they are older and we work with experts to ensure that the all aspects of a child’s requirements are understood before a claim is finalised. We will advise upon options to seek funds for early interventions and rehabilitation not available on the NHS where possible.

We appreciate the devastating impact upon families where there has been an injury to a baby and will provide a highly sensitive and supportive service along with fighting for the best outcome for the child.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

What is GBS?

GBS is a common bacterium which many women are carrying in their vagina. The infection can be passed to the baby during birth. GBS can lead to serious conditions developing such as sepsis, pneumonia and meningitis. These can lead to permanent injuries such as brain damage.

Symptoms of GBS in young babies include being floppy, sleepy and not feeding well.

If a mother is known to have GBS or to be at high risk, antibiotics should be given in labour (see below) which help protect the baby from infection.

GBS requires treatment with antibiotics once diagnosed in a baby. Delays in treatment can have severe consequences for the baby.

Does screening take place for GBS in the UK?

There is currently no screening programme for GBS in the UK to test expectant mothers for the presence of GBS before birth. However, it may be found during tests for other reasons such as a urine test or vaginal swab. It is possible to test for GBS privately during pregnancy.

When should antibiotics be given during labour?

There are circumstances where antibiotics should be given according to guidance from the Royal College of Obstetricians and Gynaecologists including:

Where labour starts before 37 weeks gestation
Where the mother has previously had a baby contract GBS
Where GBS was diagnosed during pregnancy

If antibiotics were not provided in certain circumstances, there may be a claim for medical negligence.

Is there a time limit for bringing a GBS claim?

In England and Wales, if a child is injured by negligence (including negligence that happened prior to or during their birth), they usually have until their 21st birthday to formally begin a claim at Court.

There are exceptions to this rule. If someone does not have ‘mental capacity’ to bring a claim as an adult there is usually no time limit. If they gain mental capacity at some point during adulthood, they will have three years from that point to begin their claim.

In rare cases, it may be possible to argue that the time limit should not be applied for an adult, even if they have mental capacity (although this is unusual).

It takes time to investigate a claim and, therefore, we advise that you contact us at the earliest opportunity; when all of the evidence is still available and the events are fresh in your mind.

However, we also consider older cases and have previously succeeded in claims for adults who were injured during their birth.

What is the process for bringing a claim?

We start by obtaining evidence including medical records, witness statements and expert evidence to prove that the child’s disabilities were caused by medical negligence.

We also calculate the amount of compensation that can be claimed. Typically, this involves instructing experienced experts to advise on all aspects of your child’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the organisation or individual legally responsible for the negligent care).

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

Will the case be decided by the Court?

Probably not. The vast majority of medical negligence claims are not decided by the Court. Successful claims are usually resolved through agreement of a settlement either before or during Court proceedings. Occasionally, the Court will decide a case, if it cannot be resolved any other way.

Where the claim is for a child, or for an adult who does not have mental capacity, the Court will be asked to consider and approve the settlement. This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person.

How do I access medical records?

Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).

Our clients sometimes wish to obtain copies of their birth notes and their child’s medical records themselves, before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records.

Do you offer 'no win, no fee' agreements?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?