Failure to Diagnose Group B Strep Lawyers

When a newborn infection follows a preventable gap in care

Group B strep (GBS) is a bacterium many adults carry in the digestive or genital tract without feeling ill. A baby can be exposed during labor and delivery, and while most exposed newborns do not become sick, one who does can deteriorate quickly. That is why obstetric care wraps this infection in a prevention system – screening late in pregnancy, antibiotics during labor when indicated, and close observation of the newborn. When a baby develops sepsis, pneumonia, or meningitis in the first days of life, parents reasonably ask whether a step was missed. As with other medical malpractice claims in New Jersey, the answer comes from the records, not from the outcome alone.

A review of a possible group B strep claim therefore concentrates on checkpoints that other birth cases may not involve at all:

• Screening: Was the mother tested late in pregnancy, and did the result reach the delivery team?
• Prevention: If she was positive, or her status was unknown with risk factors present, were antibiotics given during labor?
• Response: When the newborn showed early signs of infection, how quickly were they recognized and treated?

This page addresses that single, preventable infection pathway. Other delivery-related injuries are covered on the firm’s birth injury overview, and not every GBS infection means a step was missed – the review exists to find out.

Where group B strep prevention and diagnosis can break down

GBS harm is rarely about one dramatic moment. It is usually about a routine safeguard skipped, a result that never arrived, or a warning sign watched too long. A review looks for the specific breakdown rather than treating the infection itself as proof of negligence.

• Screening missed or misplaced: Guidance from the CDC and ACOG calls for a GBS culture at 36–37 weeks of pregnancy. Failures can include the swab never being offered, the culture never being resulted, or a positive result staying in a prenatal chart that the hospital team never saw.
• Antibiotics not given during labor: A mother who tests positive – or whose status is unknown and who has risk factors – should generally receive antibiotic prophylaxis during labor, with timing that gives the medicine a chance to work before delivery. A medication record showing no antibiotic, or one started only shortly before birth, raises an obvious question.
• Risk factors overlooked: Labor before 37 weeks, membranes ruptured for 18 hours or more, fever during labor, GBS found in the urine during pregnancy, or a previous baby with GBS disease each call for heightened prevention even when a screening result is unavailable.
• Newborn warning signs missed: Early-onset GBS disease usually appears in the first days of life. Breathing difficulty or grunting, fever or unstable temperature, poor feeding, unusual sleepiness, or seizures can signal sepsis, pneumonia, or meningitis, and delay in culturing, starting antibiotics, or escalating to intensive care can worsen the outcome.

Each breakdown points to a different part of the care team – prenatal provider, labor unit, or newborn clinicians – which is why identifying the exact gap matters before anyone is accused of anything.

Records and steps for parents seeking answers about a GBS infection

Nothing in this section replaces your baby’s medical care: follow the treating team’s plan, attend every follow-up, and seek urgent care for any new breathing difficulty, fever, feeding problem, or change in alertness. Alongside that care, these steps help preserve the evidence a review depends on.

1. Request the prenatal chart. Ask for the complete file, including the GBS culture order and result, urine culture results, and any notes about a prior baby’s GBS illness. The culture result is the document everything else turns on.
2. Request the labor and delivery record. Look for the GBS status recorded on admission, the time membranes ruptured, temperature readings, and the antibiotic record – drug, dose, and the time each dose was given, set against the time of delivery.
3. Request the newborn’s full record. Nursery notes, examination findings, blood culture and laboratory results, antibiotic start times, imaging, and NICU records if your baby was transferred or admitted for intensive care.
4. Start your own timeline now. Write down when labor began, when your water broke, what you were told about screening, and when you first noticed symptoms after birth. Both parents’ recollections, recorded separately, can be valuable.

Discharge summaries will not contain most of this; the underlying charts are what a review needs. Where the problem was a missed diagnosis more generally, our misdiagnosis page explains how those reviews are approached.

What New Jersey requires in a group B strep case

To succeed, a claim must show what the applicable obstetric and newborn-care standards required, how the care departed from them, and that the departure caused or worsened the infection’s harm. Because prevention is protocol-driven here, the medical literature and professional guidance on screening and prophylaxis often frame the standard-of-care debate, while obstetric, neonatal, or infectious-disease experts address causation – in particular, whether timely antibiotics would likely have prevented the illness or reduced its severity.

Timing rules need care here. A parent’s own claim is generally subject to New Jersey’s two-year personal injury deadline under N.J.S.A. 2A:14-2. The injured child’s claim is treated differently: as general information, the limitations period for a minor generally runs from the child’s 18th birthday. That general rule has exceptions, it does not stretch the parents’ own deadlines, and care at a public hospital can require a Tort Claims Act notice under N.J.S.A. 59:8-8 within about 90 days. No family should read the general tolling rule as a reason to wait; the specific deadlines for a specific child need individual review.

New Jersey also screens malpractice claims at the outset through the Affidavit of Merit statute, N.J.S.A. 2A:53A-27. In practice, that means a qualified medical professional must be found early, given the prenatal, labor, and newborn records, and be prepared to swear that there is a reasonable probability the care departed from acceptable standards – ordinarily within 60 days after a defendant files an answer, with a single court-granted extension of up to 60 more days possible. New Jersey places no general cap on compensatory damages in medical malpractice cases. One exception applies: claims against nonprofit hospitals are capped at $250,000 under the charitable immunity statute, N.J.S.A. 2A:53A-8.

Documenting the full impact of a newborn GBS infection

Early-onset GBS disease can be over in days or can change the course of a child’s life. The losses a claim may address depend on which path a particular baby is on, and should be documented from the beginning.

• Hospital and medical costs: The delivery and newborn admissions, NICU care, imaging, medications, and the follow-up care the infection made necessary.
• Future care and support: Where infection caused brain injury, cerebral palsy, developmental disability, or hearing or vision loss, the therapies, equipment, educational support, and assistance the child is expected to need, as supported by medical and life-care experts.
• Family losses: Parents’ lost income during a prolonged hospitalization and afterward, and the cost of care the family itself provides.
• The child’s own losses: Pain and suffering and the effect of lasting impairment on the child’s life.
• When a baby dies: A fatal infection may give the family claims of its own, which have separate rules and should be reviewed without delay.

Keep NICU and hospital bills, discharge instructions, therapy evaluations, and developmental assessments together. Contemporaneous evaluations are the foundation any future-care claim will stand on.

Why consider The Epstein Law Firm for a group B strep claim?

Parents evaluating a firm for a case like this are really asking how it handles expert-heavy medical litigation: assembling records from three care settings, finding specialists on obstetric and newborn standards, and presenting a technical timeline clearly. The firm’s published biographies set out its attorneys’ background.

Recognition and leadership, in context

Barry D. Epstein’s biography records his presidency of the New Jersey State Bar Association in 2000–2001 and his selection to the Top 100 New Jersey Super Lawyers list for 2005–2016, 2018, and 2020. Michael J. Epstein’s biography records his presidency of the Bergen County Bar Association in 2016–2017 and his authorship of its monthly Civil Practice Update. These are historical, individual-attorney items, not a group B strep success rate, and no aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Trial certification and malpractice teaching

Both biographies list medical malpractice as a practice area. Barry Epstein’s identifies certification by the Supreme Court of New Jersey as a Civil Trial Attorney beginning in 1984, and Michael Epstein’s identifies Civil Trial Attorney certification as well. Barry Epstein’s biography also documents two 1990 Institute for Continuing Legal Education presentations titled “How to Try a Medical Malpractice Case” and service as a Tort Law Conference moderator and speaker from 2006 through 2018. Trial certification is a legal credential; it is not a medical qualification and does not guarantee any claim will succeed.

At a free initial consultation, parents can ask how the records would be reviewed, which experts would be consulted, and how deadlines for child and parents would be checked. The Rochelle Park office is at 340 West Passaic Street, Rochelle Park NJ 07662; call (201) 231-7847 or use the contact page.

Sources: The Epstein Law Firm: Barry D. Epstein biography; The Epstein Law Firm: Michael J. Epstein biography; The Epstein Law Firm: Rating methodology; The Epstein Law Firm: Contact and office information; The Epstein Law Firm: Medical malpractice representation.

What Our Clients Say

Meet The Epstein Law Firm

Related medical malpractice topics

• Medical Malpractice
• Surgery Malpractice
• Misdiagnosis
• Hospital Errors
• Emergency Room Errors
• Delayed Diagnosis of Disease
• Dangerous Over the Counter Drugs
• Birth Injury Overview
• Anesthesia Errors
• Sexual Assaults in Hospitals

New Jersey Group B Strep FAQs: Screening, Antibiotics, and Newborn Claims

The following answers provide general information about New Jersey claims involving a failure to diagnose or prevent group B strep infection in a newborn. They are not legal advice and are not an assessment of any individual case.

What is group B strep and why is screening done during pregnancy?

Group B strep is a bacterium many adults carry in the digestive or genital tract without symptoms. During labor and delivery a baby can be exposed to it, and a newborn infection can develop into sepsis, pneumonia, or meningitis. Screening identifies carrier mothers so preventive antibiotics can be given during labor to protect the baby.

Most exposed babies do not become ill, and screening combined with antibiotics has substantially reduced early-onset disease. That is why a missed step matters: when no screening was done, or a positive result was not acted on, and a baby becomes seriously ill in the first days of life, the sequence deserves careful review. Not every infection was preventable.

Sources: AHRQ patient safety resources and guidance; New Jersey Courts civil division information

When should group B strep screening happen and what does it involve?

Screening is generally done at 36–37 weeks of pregnancy, using a swab culture collected late in prenatal care, consistent with CDC and ACOG guidance. The result should be documented in the prenatal record and available to the delivery team on arrival, because it drives the decision about antibiotics during labor.

A review asks whether the test was offered, performed, resulted, and actually available at delivery – a breakdown can occur at any point, including when care transferred between a prenatal practice and a hospital. If no result exists, the chart should show how the team proceeded on a risk basis instead.

Sources: AHRQ patient safety resources and guidance; New Jersey Courts civil division information

Which mothers should receive antibiotics during labor to protect the baby?

Antibiotics during labor are generally indicated for mothers who test positive, mothers who had GBS in their urine during pregnancy, and mothers who previously delivered a baby with GBS disease. They are also generally given when status is unknown and risk factors are present. Given intravenously during labor, they need time to work before delivery.

A review compares the medication record with the delivery time and documented status. No antibiotic, or a first dose only shortly before birth, may support a departure argument, while an allergy may explain a different drug. Whether the standard was met is a question for qualified obstetric expert review.

Sources: New Jersey Courts civil division information; AHRQ patient safety resources and guidance

What risk factors can require treatment even if screening status is unknown?

Recognized risk factors include labor before 37 weeks, rupture of membranes lasting 18 hours or more, fever during labor, and a previous baby with GBS disease. GBS in the mother’s urine during pregnancy is also a reason for antibiotics in labor. When status is unknown and a factor is present, prophylaxis is generally part of accepted care.

These factors should appear in the labor record; the team is expected to assess them on admission and as labor progresses. If the chart documents prolonged rupture or fever but no antibiotics and no recorded reason, that gap will be central to a review. Parents can help by noting when their water broke.

Sources: AHRQ patient safety resources and guidance; New Jersey Courts civil division information

What signs of infection in a newborn should be evaluated right away?

Early-onset GBS disease usually appears within the first days of life. Warning signs can include breathing difficulty or grunting, fever or unstable temperature, poor feeding, unusual sleepiness, irritability, and seizures. In a newborn, such signs can reflect sepsis, pneumonia, or meningitis and warrant urgent evaluation, cultures, and prompt antibiotics rather than watchful waiting.

In a claim review, the newborn chart is examined for when signs were first charted, when a clinician assessed the baby, and when cultures, antibiotics, or intensive care followed. Parents should seek emergency care for these signs and note the times they reported symptoms; those times often become important evidence.

Sources: New Jersey Courts civil division information; AHRQ patient safety resources and guidance

What records matter most when a group B strep case is reviewed?

Three sets of records carry the case. The prenatal chart shows whether screening was done and what it found. The labor record shows GBS status on admission, rupture and temperature times, and antibiotics set against delivery time. The newborn record – nursery notes, cultures, and NICU records – shows how the baby presented and how quickly illness was treated.

Request each set from the provider that holds it; a discharge summary will not substitute for the prenatal office file, and vice versa. Keep your own timeline of labor, symptoms, and conversations. A first question in any review is where the culture result was documented and whether the delivery team ever saw it.

Sources: New Jersey Courts civil division information; AHRQ patient safety resources and guidance

Who can bring a group B strep claim in New Jersey on behalf of an injured baby?

A claim for the baby’s injuries is generally brought on the child’s behalf by a parent or court-appointed guardian, and settlements for a minor generally require court approval. Parents may also have claims of their own in some circumstances, such as for medical expenses they are responsible for. The two are related but legally distinct, with distinct deadlines.

Who should be named as a defendant depends on where the breakdown occurred – prenatal care, the labor unit, or newborn care – and the records separate those possibilities. Naming the wrong provider, or missing one, can damage a valid claim, so an early review identifies each role before suit is filed.

Sources: New Jersey Courts civil division information; N.J.S.A. 2A:14-2 personal injury limitations statute

How long do families have to file a group B strep claim in New Jersey?

The parents’ own claims are generally subject to New Jersey’s two-year personal injury deadline under N.J.S.A. 2A:14-2. For the injured child, as general information, New Jersey law generally tolls the limitations period during minority, so the child’s period generally runs from the 18th birthday. That statement is general only: exceptions and special rules can change the analysis for a particular child.

Families should not treat tolling as a reason to wait. Public-hospital care can require a Tort Claims Act notice within about 90 days, records and recollections degrade, and the parents’ deadlines are far shorter than the child’s. A prompt, specific deadline review protects every claim the family may have.

Sources: N.J.S.A. 2A:14-2 personal injury limitations statute; N.J.S.A. 59:8-8 tort claims notice statute; New Jersey Courts civil division information

What is an affidavit of merit in a New Jersey group B strep case?

New Jersey law, in N.J.S.A. 2A:53A-27, conditions malpractice cases on a sworn affidavit from a qualified professional stating a reasonable probability that the care departed from acceptable standards. It is ordinarily due within 60 days after a defendant answers, and a court may grant one extension of up to 60 more days for good cause. Without it, a case can be dismissed even if filed on time.

In a GBS case, the affiant may need to address screening and prophylaxis or the newborn response, depending on where the claimed breakdown occurred. That is why records are gathered and experts consulted before filing. The affidavit is a threshold showing, separate from the fuller expert proof required at trial.

Sources: N.J.S.A. 2A:53A-27 affidavit of merit statute; New Jersey Courts civil division information

What compensation may be considered when a GBS infection injures a newborn?

A supported claim may include hospital and NICU costs, later medical care, and the future therapies, equipment, and support a lasting injury will require. Where infection caused brain injury, cerebral palsy, or developmental, hearing, or vision effects, future needs are assessed with medical and life-care experts. Parents’ lost income and caregiving costs, and the child’s pain and suffering, may also be considered.

If the baby died, the family may have a wrongful death claim under N.J.S.A. 2A:31-1, governed by its own rules. No amount can be estimated from the diagnosis alone; it depends on liability, causation, and documented needs. Keeping evaluations, therapy records, and bills from the start gives any damages assessment a reliable foundation.

Sources: New Jersey Courts civil division information; N.J.S.A. 2A:31-1 wrongful death statute

Related Epstein Law Firm Videos and Social Posts

• Medical Malpractice — YouTube.
• The Epstein Law Firm official Instagram profile — official profile.
• Medical Malpractice Settlement Recognition — Facebook.
• Medical Malpractice and Personal Injury Recognition — Facebook.
• The Firm’s 2026 Best Law Firms Recognition — LinkedIn.