Louisville, KY asked in Personal Injury for Kentucky

Q: My son has been infected with group b strep, despite dr.s reinsuring me that there was no way he could.

During my pregnancy GBS was a big concern with my dr.s and I, because my previous son had passed away from it. After doing tests that came back negative, the dr.s assured me that my son WOULD NOT be infected with it. Now we are in the hospital (he is ten days old) now, and thank goodness we caught it before it made him sick, and killed him.

I want to know if we have a case here. Why were there not more tests done? Why did my dr.s tell me that he would be infected?

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1 Lawyer Answer
Richard J. Head
Richard J. Head
  • Louisville, KY
  • Licensed in Kentucky

A: From your question, it appears your son did not sustain an injury as a result of what you believe was negligent medical attention. Generally, in Kentucky, you don't have a viable suit if you did not sustain an injury. This is similar to a situation where you "almost were in a wreck" but was not. The answer would be different, perhaps, if your child were injured. Then it becomes an issue of whether or not the injury could have been avoided, if the doctor had performed in accordance with the standard of care you were entitled to expect from a person practicing in his medical specialty.

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