When a child suffers a preventable injury at birth, the emotional toll on the family is immense. Making matters worse, many birth injuries lead to long-term medical needs that can create a significant financial burden over time. If your child was harmed because of a medical provider’s negligence in Atlanta, Georgia, you may have the right to pursue compensation through a birth injury lawsuit.
Continue reading to learn about how the process works and what steps are involved in filing a claim.
What Qualifies as a Birth Injury?
A birth injury is any harm that a baby sustains during pregnancy, labor, or delivery.
These injuries can range in severity, but some of the most common examples include:
- Cerebral palsy
- Erb’s palsy and brachial plexus injuries
- Brain damage caused by oxygen deprivation
- Bone fractures during delivery
- Spinal cord injuries
Not every complication that occurs during childbirth is the result of negligence. However, when a medical professional fails to meet the accepted standard of care and that failure directly causes harm to the child, a birth injury claim may be warranted.
Georgia’s Affidavit Requirement for Medical Malpractice Claims
Birth injury cases fall under Georgia’s medical malpractice laws, which means there are specific procedural steps you must follow before your lawsuit can move forward. One of the most important is the expert affidavit requirement under O.C.G.A. § 9-11-9.1.
This statute requires that you file an affidavit from a qualified medical expert along with your complaint. The affidavit must confirm that at least one act of negligence occurred and that it contributed to the injury your child suffered. Without this affidavit, the court can dismiss your case.
This requirement exists to help filter out claims that lack a medical basis, but it also means that you need to start working with a knowledgeable attorney early in the process. Your lawyer will need to consult with medical experts who can review the facts of your case and provide the necessary opinion before your lawsuit is even filed.
What Is the Statute of Limitations for Birth Injury Cases in Georgia?
Georgia law imposes a deadline on when you can file a birth injury lawsuit. Under O.C.G.A. § 9-3-71, the general statute of limitations for medical malpractice claims is two years from the date the injury occurred. That said, for cases involving minors, the deadline may be extended.
In many cases, a minor may have until their seventh birthday to file a claim. However, there is also a five-year statute of repose in place that may apply in some situations, possibly allowing for even more time to take legal action.
These overlapping deadlines can be difficult to determine, and, in any event, missing the applicable filing window means losing your right to pursue compensation. Speaking with an experienced birth injury lawyer as soon as possible is the best way to make sure your claim is filed appropriately.
Contact the Atlanta Birth Injury Lawyers at Georgia Baby Safety for Help Today
Filing a birth injury lawsuit in Atlanta, GA, involves strict procedural requirements and tight deadlines. If you believe your child was harmed due to medical negligence, Georgia Baby Safety can help.
Contact us today to schedule a free consultation with an Atlanta birth injury attorney to get started with your case.
We are proud to serve clients throughout Atlanta, Fulton County, and the surrounding communities.
The Moses Firm
3490 Piedmont Rd NE #1206, Atlanta, GA 30305
404-995-6033
Available 24/7