Infection-related birth injury claims examine whether screening or risk assessment, treatment in labour, and newborn monitoring met the standard that applied at that hospital at that time. They also ask whether different care would probably have prevented the infant's injury.
Pregnancy records
The starting point is establishing what approach the hospital or practitioner used. Some Australian services have offered routine testing late in pregnancy, while others have relied on assessing risk factors. Articles from other countries often assume universal screening, and those assumptions should not be applied automatically to Australian care.
Reviewers look for swab results, any documented risk factors, previous history and how this information was recorded for the birth team.
Risk-based decisions
Where care relied on risk factors, the questions are which factors were present and whether they were recognised. They also include whether the decisions followed the guideline the hospital had adopted. The relevant protocol must be obtained and assessed as at the date of care, not as it stands now.
Labour care
Labour records may show the timing of membrane rupture, maternal temperature and observations, and whether any infection prevention treatment was offered. Medication charts and midwifery notes help show when decisions were made relative to the birth. This page does not discuss specific treatments; their appropriateness is a matter for clinical experts.
Newborn management
After birth, newborn observation charts, feeding records and nursing notes help show how the baby was monitored. They also show when concerns emerged and how quickly paediatric staff responded. Discharge decisions and any later return to hospital are also relevant.
Sepsis or meningitis in a newborn can cause serious lasting harm. Causation questions often focus on whether earlier recognition or treatment would probably have reduced it.
Expert review
Claims may require obstetric, neonatal and infectious diseases opinions. Experts consider both standard of care and causation, including whether infection could have occurred despite appropriate care. A solicitor can obtain the hospital's protocols and advise on time limits in the relevant jurisdiction.
For your next conversation
- Antenatal pathology results, including any GBS swab
- The hospital's GBS or perinatal infection protocol at the date of birth
- Labour medication chart and maternal observation records
- Newborn observation charts and nursing notes
- Discharge summary and any readmission records
- Microbiology results for mother and baby
Common questions
I was never tested for Group B strep. Was that negligent?
Not necessarily. Australian services have used different approaches, including risk-based assessment without routine testing. The questions are what approach applied, whether it was followed, and whether any departure probably caused the infection or its consequences. Expert review is needed to answer these.
My baby became unwell after we went home. Are discharge decisions reviewed?
Yes. Reviewers examine the observations recorded before discharge, any advice given to parents, and how the baby's condition developed afterwards. Return presentations to hospital or a GP form part of the timeline and should be requested.