Failing to Diagnose a Mother’s Disease Left One Newborn with Permanent Brain Damage

A pregnant mother received a routine pap smear as a part of her prenatal care at Brevard County Health Department. Allegedly, a cytopathologist then examined the test and found cellular changes that were consistent with herpes simplex virus. Despite this finding however, a health department nurse gave the report of the test result as being normal. The doctor never examined the actual results of the pap smear, and the woman was not notified that the test revealed herpes.

The woman later gave birth vaginally, still without her or her doctor’s knowledge of the herpes diagnosis. Two weeks after birth, the child was diagnosed with herpetic meningoencephalitis, which caused severe brain damage. The child, who is now six years old, has developmental delays, problems with vision and speech, and is unable to walk without serious difficulty.

The mother filed a negligence lawsuit against the health department alleging that an employee chose not to notify her of the herpes diagnosis. The mother’s argument was had the mother known about the herpes diagnosis, she would have requested a Caesarian section rather than a vaginal birth to protect her baby from exposure to the virus. Before the case went to trial, the parties settled for $3.2 million.

Misdiagnosis is one of the most common medical errors

Diagnosis errors, like misdiagnosis (diagnosing the wrong medical condition) and failure to diagnose, are the most common bases for medical malpractice lawsuits. According to a study conducted by the Journal of the American Medical Association (JAMA),46% of outpatient claims involve a diagnosis error.

In the case reported above, the health department employee’s failure to report the finding of herpes, and, more importantly, the doctor’s failure to review the actual test results, had catastrophic consequences for this child. Had the diagnosis been made and properly reported, a simple change from a vaginal birth to a C-section would have averted the whole catastrophe. This preventable medical error was the result of negligence. Even though the mother was able to recover financial compensation on behalf of her child, there is no way to restore the child’s health, and her life will never be what it could have been had medical professionals done their job correctly.

The birth injury attorneys at Bailey & Greer know how to investigate medical malpractice involving the failure to diagnose, or any other preventable medical mistake. They are here to help you get the compensation you deserve when your infant has sustained a birth injury caused by medical negligence.

A birth injury can cause lifelong health problems for the child and tremendous medical expenses for the parents. If your child suffered a birth injury caused by negligence on the part of medical professionals, the compassionate Memphis birth injury attorneys at Bailey & Greer, PLLC, are available to answer your questions about your case. You are encouraged to contact us or call us at 901-680-9777 to schedule a consultation at our Memphis or Jackson office to discuss your case today.