Court Finds Sheba Medical Center Negligent in Death of 5-Day-Old Premature Baby

Court Finds Sheba Medical Center Negligent in Death of 5-Day-Old Premature Baby

An Israeli district court has found Sheba Medical Center responsible for the death of a five-day-old premature baby who contracted a deadly antibiotic-resistant infection while hospitalized in the neonatal intensive care unit, ruling that failures in infection prevention and the medical response contributed to the infant’s death. Judge Orly Mor-El determined that the evidence indicated the newborn most likely contracted the lethal bacteria inside Sheba’s NICU. The state, which operates the hospital, was ordered to pay nearly 2.2 million shekels in damages, legal fees and additional costs. The baby was born prematurely at 35 weeks, weighing approximately 1.8 kilograms, or about four pounds. Although he was described as alert and in stable condition following his birth, doctors immediately admitted him to the NICU for observation. Because the infant’s mother was a carrier of Group B Streptococcus, or GBS, doctors also began administering preventive antibiotics, a standard precaution under such circumstances. For the first three days, there were no indications that anything was seriously wrong. The infant appeared to be developing as expected, and medical testing did not produce any results that raised alarms. On the fourth day of his life, doctors stopped administering the antibiotics in accordance with standard medical protocol. Later that same day, however, the baby’s condition suddenly and dramatically worsened. The infant began suffering interruptions in his breathing, his heart rate dropped sharply, and his temperature climbed above 38 degrees Celsius, or 100.4 degrees Fahrenheit. NICU personnel launched intensive efforts to resuscitate the baby and transferred him for critical care as they attempted to stabilize his condition. Despite those efforts, they were unable to save him. The baby died the following day, at just five days old. An examination conducted after his death determined that he had contracted an aggressive strain of Enterobacter bacteria known as ESBL, which is resistant to antibiotics. In her ruling, Judge Mor-El found that the evidence made it substantially more likely that the newborn acquired the infection from within the NICU rather than from an outside source. Hospital records played a significant role in that conclusion. At least 18 other premature babies being treated in the unit were found to be carriers of the same bacterial strain. “The defendant’s silence works against it,” the judge wrote. Mor-El found that the state had failed to establish that sufficient precautions were taken to prevent the bacteria from spreading among infants in the unit. She concluded that Sheba Medical Center had not demonstrated that all required infection-control procedures had been properly implemented. The court also identified serious problems with the medical team’s response once the newborn’s condition began deteriorating. According to the ruling, doctors mistakenly believed that the infant remained protected against infection because he had been receiving antibiotics until that morning. As a result, the medical investigation into his rapidly worsening condition was delayed, as was the decision to broaden his antibiotic treatment. The court concluded that the delay was a critical factor in the tragic outcome. Judge Mor-El acknowledged that members of the hospital staff were attempting to care for the infant under difficult circumstances in an overcrowded NICU and that their actions were undertaken with good intentions. Nevertheless, the court concluded that those circumstances did not absolve the state of responsibility and found it fully liable for the infant’s death. The court awarded the baby’s estate 1,788,524 shekels in damages. An additional 418,514 shekels was awarded for attorneys’ fees, along with further court costs, bringing the total amount the state was ordered to pay to nearly 2.2 million shekels. {Matzav.com}