New York Federal jury clears pediatrician in case of failure to diagnose infant with bacterial meningitis.

The patient, a 45 day old infant, was seen in the Good Samaritan Hospital Emergency Room with fever. CBC and blood culture were done. The Emergency room physician spoke by telephone with the pediatrician. It was disputed whether the pediatrician was advised of the baby's elevated band count of 32, which indicated bacterial infection. The jury found that the pediatrician was not told the band count and therefore was justified in agreeing to the infant's discharge with close follow-up. The child was diagnosed 3 days later and claimed a language deficit as a result of the delay in diagnosis.