When a baby suffers a birth injury because of a medical provider’s mistake, the consequences for the victim and their family can last a lifetime. Georgia law does allow parents to file a medical malpractice claim on behalf of their child in these situations, but there are specific rules and deadlines that apply.
Learning about how birth injury laws work in Georgia and how much time you have to take legal action is an important first step. Read on to learn more about what the law says and what your options may look like.
What Qualifies as a Birth Injury Under Georgia Law?
A birth injury occurs when a baby is harmed before, during, or shortly after delivery due to the negligence of a healthcare provider. Not every complication during childbirth is the result of malpractice. However, when a medical professional fails to meet the accepted standard of care and that failure causes harm, the family may have grounds for a legal claim.
Some of the most common types of birth injuries caused by medical negligence include:
- Cerebral palsy resulting from oxygen deprivation during delivery
- Erb’s palsy and other brachial plexus injuries caused by excessive force
- Brain damage from delayed emergency intervention
- Broken bones sustained during a difficult delivery
- Injuries caused by the improper use of delivery tools like forceps
- Complications from failure to diagnose or respond to fetal distress
- Infections that were not properly treated or monitored
These injuries can range from conditions that resolve over time to permanent disabilities that require lifelong medical care.
How Does Medical Malpractice Law Apply to Birth Injuries in Georgia?
Birth injury claims in Georgia fall under the state’s medical malpractice laws.
To bring a successful claim, you generally need to establish the following:
- The healthcare provider owed your child a duty of care, which is typically established by the existence of a doctor-patient relationship
- They failed to meet the accepted standard of care in their field during the incident in question
- That failure directly caused your child’s injury and resulted in actual damages
Georgia also requires that a medical malpractice lawsuit be accompanied by an expert affidavit. This is a sworn statement from a qualified medical professional confirming that there are reasonable grounds to believe malpractice occurred. The affidavit must be filed along with the complaint, and failing to include one can result in your case being dismissed.
What Is the Statute of Limitations for Birth Injury Claims in Georgia?
Georgia’s statute of limitations for medical malpractice cases is generally two years from the date the injury occurred. However, birth injury cases involving minors are treated differently under the law.
For children, the statute of limitations is extended in most cases. A birth injury claim can be filed until the child turns seven years old, regardless of when the injury took place. This gives families additional time to identify the full extent of the harm and pursue legal action.
There is also a statute of repose in Georgia medical malpractice cases. This is an outer limit that bars claims filed more than five years after the date of the negligent act, even if the injury wasn’t discovered until later.
For cases involving minors, the five-year repose period can be extended as well. However, it’s important to understand that these deadlines interact in ways that can be confusing without legal guidance. Contacting a lawyer as soon as you can is the best way to ensure you take legal action on time.
What Damages Are Available in Georgia Birth Injury Cases?
Families who file a successful birth injury claim in Georgia can recover both economic and non-economic damages. Altogether, these are referred to as “compensatory damages.”
Economic damages cover the financial costs associated with the injury, such as:
- Medical expenses
- Future medical treatment
- Assistive devices and home modifications
- Lost earning capacity
- Out-of-pocket expenses
Non-economic damages account for the personal and emotional impact, including:
- Pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Conditions like PTSD and anxiety
- Loss of the child’s future quality of life
In rare cases, punitive damages may also be available if the healthcare provider’s conduct was especially reckless. Georgia law caps punitive damages at $250,000 in most situations, though exceptions can apply.
Contact the Atlanta Birth Injury Attorneys at Georgia Baby Safety for Help Today
If your child was harmed during delivery because of a medical provider’s negligence, you may have the right to pursue significant compensation. Georgia’s birth injury laws provide families with a path to justice, but strict legal requirements apply.
Reaching out to the experienced Atlanta medical malpractice attorneys at Georgia Baby Safety as soon as possible is the best way to protect your rights. Contact us today at (404) 995-6033 to schedule a free consultation and get started with your case.