Texas Group B Streptococcus Birth Injury Lawyer

Advocating for Families Harmed by Preventable Infant Infections

How Medical Negligence Leads to Severe GBS Infections

Medical negligence in GBS cases typically occurs when a healthcare provider fails to screen the mother, fails to administer prophylactic antibiotics during labor, or fails to recognize infection symptoms in the newborn after delivery.

Group B Streptococcus (GBS) is a type of bacteria that can be carried in the gastrointestinal and genital tracts of healthy adults without causing symptoms. The danger arises during childbirth. Through vertical transmission, the passage of bacteria from mother to baby during labor and delivery, a newborn can be exposed to GBS as it moves through the birth canal. Without preventive treatment, this exposure can lead to severe neonatal infection.

Not every GBS exposure results in illness, and not every neonatal infection is the result of malpractice. The distinction between an unavoidable complication and actionable medical malpractice depends on whether the medical team met the standard of care, the level of treatment a reasonably competent provider would deliver under similar circumstances.

When the standard of care is met and an infant still develops an infection, that may be an unavoidable complication. But when a provider skips universal screening, ignores a positive GBS result, or fails to start antibiotics during labor, the resulting infection may be preventable. A birth injury lawyer in Texas helps families understand their rights in these circumstances.

The outcomes of untreated GBS in newborns can be severe. According to the CDC’s Early Onset Neonatal Sepsis Surveillance data, GBS remains a significant cause of neonatal sepsis. Left unchecked, these infections can progress to brain damage, neurologic damage, and extended NICU (Neonatal Intensive Care Unit) stays that reshape a family’s life permanently.

	Unavoidable Complication	Actionable Medical Malpractice
GBS Screening	Screening performed on time; results properly documented	Screening missed, delayed, or results lost/ignored
Antibiotic Administration	Antibiotics given per protocol; infection still occurs	Antibiotics not ordered, delayed, or wrong drug administered
Newborn Monitoring	Symptoms recognized and treated promptly	Warning signs dismissed or not escalated
Outcome	Harm despite proper care	Harm that proper care could have prevented

Independent Nursing Duty to Advocate

Nurses are not simply order-followers. They carry an independent professional duty to advocate for patients, including newborns who cannot advocate for themselves. If a physician fails to order intrapartum antibiotic prophylaxis (IV antibiotics during labor) for a GBS-positive mother, a nurse who is aware of the positive status has a responsibility to question that omission and escalate the concern.

This independent duty is part of the nursing standard of care. Nurses must use the chain of command to report safety concerns to a charge nurse or supervisor if the attending doctor ignores established protocols. This advocacy is the last line of defense for a vulnerable newborn.

In our investigations, we examine nursing notes, communication logs, and chain-of-command documentation to determine whether bedside nurses raised the alarm or remained silent when a critical step was missed. A lawyer for Group B Strep negligence can analyze these logs to determine if this duty was upheld. Our in-house medical team includes former hospital nurses who provide insider insight into how these errors happen and how hospital protocols are often ignored.

The Standard of Care Regarding Screening and Antibiotics

The standard of care mandates universal screening for GBS between 36 0/7 and 37 6/7 weeks of gestation and the administration of IV antibiotics during labor for mothers who test positive.

This screening is performed using a vaginal swab and rectal swab, a simple test where a provider collects samples from the lower vagina and rectum to detect GBS colonization. In some cases, GBS bacteriuria, the presence of GBS detected through a routine urine culture, identifies heavy colonization earlier in pregnancy. Either result should trigger a clear plan for antibiotic treatment during labor.

Research published in a study on perinatal GBS disease trends after updated screening recommendations confirms that universal prenatal testing and appropriate antibiotic use during labor have significantly reduced early-onset GBS infections. When providers follow the protocol, the risk drops substantially. When they do not, infants face preventable harm.

For GBS-positive mothers, the standard of care requires intrapartum antibiotic prophylaxis (IAP), the administration of IV antibiotics during active labor to reduce bacterial transmission. The preferred drug is penicillin. When a patient has a penicillin allergy, providers should select an appropriate alternative based on the severity and type of allergy. For patients with a history indicating low risk of anaphylaxis, cefazolin is recommended. For those with high risk of anaphylaxis, clindamycin is used if the GBS isolate is known to be susceptible; otherwise, vancomycin may be administered. A study on antibiotic selection for GBS prophylaxis among penicillin-allergic patients highlights the importance of proper allergy assessment and drug selection in both academic and community hospital settings.

A GBS birth injury attorney investigates whether each of these steps was completed correctly and on time. For families working with a lawyer for infant infection cases, the medical records often tell a clear story about what was done and what was missed.

Standard of Care Checklist for GBS Prevention:

• Universal GBS screening performed between 36 0/7 and 37 6/7 weeks of gestation
• Vaginal-rectal swab culture collected and properly processed
• Urine cultures reviewed for GBS bacteriuria throughout pregnancy
• Positive GBS status clearly documented in the medical record and communicated to the labor and delivery team
• IV antibiotics (penicillin for non-allergic patients; cefazolin for low-risk penicillin allergy; clindamycin or vancomycin for high-risk allergy based on susceptibility testing) initiated during labor, ideally at least four hours before delivery
• Continuous monitoring for maternal and neonatal signs of infection throughout labor and after birth

Oral vs. Intravenous Antibiotics: Efficacy

One critical distinction that can determine the outcome for a newborn is the route of antibiotic delivery. Oral antibiotics are generally insufficient for GBS prophylaxis (preventative treatment) during labor. This is because oral medications take significantly longer to reach effective concentrations in the bloodstream and cannot be relied upon to cross the placenta rapidly enough to protect the fetus during delivery.

The standard of care calls for IV antibiotics administered directly into the bloodstream during active labor. By contrast, IV administration achieves high therapeutic levels in the maternal bloodstream almost immediately, ensuring the baby is protected. If a provider prescribes oral antibiotics instead of IV antibiotics for a GBS-positive mother in labor, that deviation from protocol may constitute medical negligence. Texas birth injury legal counsel at Hastings Law Firm can evaluate whether the method of antibiotic delivery fell below the accepted standard.

Identifying Risk Factors and Missed Symptoms in Newborns

Doctors and nurses must monitor for risk factors such as maternal fever, premature rupture of membranes (PROM), and prematurity, as well as newborn symptoms like lethargy, breathing difficulties, and poor feeding.

GBS disease in newborns presents in two forms. Early-onset GBS disease develops within the first week of life, most commonly in the first 24 hours, and results from bacterial exposure during labor and delivery. Late-onset GBS disease appears between one week and three months of age and may be acquired from environmental or other sources.

For early-onset disease, certain maternal risk factors significantly raise the risk. These include premature rupture of membranes (PROM), the breaking of the amniotic sac before labor begins, maternal fever during labor, a prior infant with GBS disease, and preterm delivery before 37 weeks. PROM is particularly dangerous because once the amniotic sac ruptures, the sterile environment protecting the baby is gone, allowing bacteria to ascend and infect the fetus before birth. When any of these factors are present, the care team should be on heightened alert.

According to the CDC’s overview of Group B Strep symptoms, newborn Warning Signs can escalate quickly. If symptoms are dismissed or not acted upon in time, a treatable infection can progress to sepsis, pneumonia, or meningitis. Time is the enemy in these scenarios. A neonate’s condition can deteriorate from stable to critical in a matter of hours.

Providers must not only identify these signs but react with immediate urgency. Septic shock and lasting neurologic injury may follow. A Texas malpractice lawyer experienced in GBS cases examines whether the care team identified and responded to these warning signs appropriately.

An infant infection attorney at Hastings Law Firm reviews fetal monitoring strips, nursing assessments, lab results, and NICU admission records to build a detailed timeline of what the medical team knew and when they knew it.

	Warning Signs
Mother (During Labor)	Fever (temperature ≥ 100.4°F), premature rupture of membranes, prolonged labor after membrane rupture (≥18 hours), preterm labor before 37 weeks, previous GBS-positive pregnancy
Newborn (After Delivery)	Grunting or labored breathing, lethargy or limpness, temperature instability (fever or hypothermia), poor feeding or refusal to eat, irritability, jaundice appearing within hours of birth

Filing a Birth Injury Lawsuit Under Texas Law

Filing a lawsuit in Texas involves meeting strict deadlines, such as the statute of limitations, and fulfilling Chapter 74 requirements, including the submission of an expert report within 120 days of filing. Understanding these requirements early is essential to protecting your family’s claim.

Texas Chapter 74 governs all healthcare liability claims in the state. One of its most important requirements is the expert report, a written opinion from a qualified medical expert that must be served within 120 days of filing the lawsuit. This statute places a heavy burden on plaintiffs to prove their case early in the litigation process.

The expert report cannot be a vague assertion of fault. It must offer a granular analysis of the medical records and identify the applicable standard of care. The expert must then explain how the provider deviated from that standard and how the deviation caused the injury. If the report is not filed on time or does not meet the statutory requirements, the case can be dismissed.

The general statute of limitations for medical malpractice in Texas is two years from the date of the negligent act. Our founder, Tommy Hastings, is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction held by fewer than 2% of attorneys in the state. Because birth injury deadlines are strict and fact-specific, consulting a Texas birth injury lawyer as early as possible helps ensure no filing windows are missed.

Recoverable damages in a GBS birth injury case may include past and future medical expenses, the cost of a life care plan for children with permanent disabilities, lost earning capacity, physical impairment, pain and suffering, and mental anguish. Life care plans are particularly critical in GBS cases resulting in cerebral palsy or severe brain damage. These plans project the costs of therapies, home modifications, and 24-hour attendant care that a child may require for the rest of their life. Our team works with medical experts and life care planners to document the full scope of your child’s needs.

Contact the Texas Birth Injury Attorneys at Hastings Law Firm Today for Help

GBS infections in newborns are among the most preventable complications in modern obstetric care. When screening is missed or antibiotics are not administered, the consequences fall on the smallest and most vulnerable patients and the families who love them.

At Hastings Law Firm, our legal and medical team, including in-house nurse consultants and board-certified trial attorneys, investigates these cases from day one with the rigor needed to hold providers accountable. We advance all case costs, and you pay no attorney fees unless we recover compensation for your family.

If your child suffered a serious infection that you believe could have been prevented, reach out to our team for a free, confidential case evaluation. As a Texas Group B Strep lawyer, we can review your medical records, identify what went wrong, and help you understand the path forward. Contact Hastings Law Firm today.