A birth injury caused by a preventable medical error can change a family’s life overnight. If a healthcare provider fails to meet the accepted standard of care and that failure causes harm to the child, Georgia law gives victims a path to seek compensation by filing a medical malpractice claim.
However, birth injury lawsuits are among the most complicated claims in Georgia’s legal system. The state imposes strict procedural requirements that must be followed from the very beginning, and missing any of them can end your case before it gets off the ground.
Learning more about how the process works is an important first step toward holding the responsible party liable, so read on for the information you should know.
What Makes a Birth Injury a Malpractice Case?
A birth injury becomes a malpractice case if the harm was caused by a healthcare provider who failed to act the way a reasonably skilled provider in the same specialty would have acted under the same circumstances.
Georgia courts measure this against what is known as the “standard of care.” If the provider fell below that standard and the failure directly caused the child’s injury, there may be a foundation for a valid malpractice claim.
Common examples of birth-related negligence include failing to respond to signs of fetal distress and delaying a necessary cesarean section. The injuries that result can range from temporary bruising to severe permanent conditions like cerebral palsy.
What Is Georgia’s Expert Affidavit Requirement?
One of the biggest hurdles in a Georgia birth injury case is the expert affidavit requirement under O.C.G.A. § 9-11-9.1. When filing the lawsuit, you generally must include a sworn affidavit from a qualified medical expert. The affidavit must identify at least one negligent act or omission by the healthcare provider and explain the factual basis for that opinion.
This is not a mere formality. A missing or legally insufficient affidavit can put the case at risk of dismissal, although Georgia law provides limited opportunities to address certain affidavit problems.
Who Can Provide the Expert Affidavit in Georgia?
Under Georgia law, the expert must meet specific licensing, professional knowledge, and experience requirements related to the medical care at issue. These requirements generally include qualifying practice or teaching experience for at least three of the five years before the alleged negligence.
Because of these requirements, significant investigation may need to happen before the lawsuit is filed. Seeking legal advice early can provide more time to review medical records, consult an appropriate expert, and prepare the required affidavit.
How Much Time Is There to File a Birth Injury Claim in Georgia?
Georgia medical malpractice claims are generally subject to a two-year statute of limitations, but special rules apply to young children. When a malpractice claim arises before a child’s fifth birthday, Georgia law generally allows the claim to be filed within two years after the child’s fifth birthday.
Georgia also has a special statute of repose for minors. When the alleged malpractice occurred before age five, an action generally cannot be brought after the child’s 10th birthday. Other exceptions may affect these deadlines, so families should seek legal advice as soon as possible.
What Medical Records Can Be Important in a Birth Injury Claim?
Medical records can help show what happened before, during, and after delivery.
Important records may include:
- Prenatal care records
- Fetal monitoring records
- Labor and delivery notes
- Imaging and test results
- Newborn medical records
- Records of follow-up treatment
These records can help medical experts evaluate the care provided and determine whether a healthcare provider failed to meet the standard of care.
What Kinds of Damages Are Available in a Georgia Birth Injury Case?
Georgia does not impose a general statutory cap on economic or non-economic compensatory damages in medical malpractice cases. However, state law includes rules governing how medical and healthcare expenses are proved and recovered.
If your claim is successful, the compensation awarded can cover a wide range of losses tied to your child’s injury:
- Current and future medical treatment
- Ongoing rehabilitation and therapy costs
- Specialized equipment and home modifications
- Loss of the child’s future earning capacity
- Pain and suffering
- Emotional distress experienced by the parents
Punitive damages may also be available in rare cases that go to trial. Georgia requires clear and convincing evidence of conduct such as willful misconduct, malice, fraud, wantonness, oppression, or an entire want of care that raises a presumption of conscious indifference to the consequences.
Contact the Atlanta Birth Injury Lawyers at Georgia Baby Safety for a Free Consultation
Filing a birth injury malpractice claim in Georgia requires careful preparation and a clear understanding of the state’s procedural requirements. These cases can take time to investigate, especially when medical records and expert opinions are needed.
Georgia Baby Safety focuses on serious medical malpractice and birth injury cases. Our team can review the circumstances surrounding your child’s injury and explain how Georgia law may apply.
Contact us at 404-995-6033 to schedule a free consultation with an Atlanta birth injury attorney. We can answer your initial questions and discuss the possible next steps for your family.