Losing a child due to a preventable birth injury is one of the most traumatic experiences a person can go through; it goes without saying that no legal process can undo that kind of harm. When medical negligence causes a child’s death, Georgia law may allow the parents to pursue a wrongful death claim against the responsible healthcare providers.
These cases involve a complex overlap of medical malpractice and wrongful death law. Learning about how the process works and what’s needed can help you make informed decisions going forward.
What Makes a Birth Injury Case a Wrongful Death Claim?
A birth injury wrongful death claim may arise when a child dies from complications caused by negligent medical care during pregnancy, labor, or delivery. These cases fall under Georgia’s medical malpractice laws, which means they carry requirements that go beyond what a standard wrongful death case involves.
In most cases, you will need to show that a healthcare provider failed to meet the accepted standard of care as well as that this failure directly contributed to your child’s death.
Common examples of medical negligence in birth injury cases include:
- Failure to monitor fetal distress during labor
- Improper use of delivery interventions such as forceps
- Mismanagement of known complications like umbilical cord issues
- Errors in administering medication to the mother during delivery
Proving these failures requires detailed medical evidence, which is why expert testimony plays such a central role in these claims.
Georgia’s Expert Affidavit Requirement
Georgia generally requires an expert affidavit when filing a medical malpractice lawsuit. Under O.C.G.A. § 9-11-9.1, the affidavit must come from a qualified expert and identify at least one negligent act or omission, along with the factual basis for the opinion. It generally must accompany the complaint, although limited statutory exceptions apply.
This requirement exists to filter out claims that lack medical support before they reach the courtroom. Failing to include a proper affidavit can result in your case being dismissed, so working with an attorney who understands the rules around medical malpractice litigation in Georgia is critical from the very beginning.
Who Has the Right to File This Type of Claim?
Under O.C.G.A. § 19-7-1, the parents generally have the right to pursue a wrongful death claim when their child dies. The statute also addresses how that right is exercised when parents are divorced, separated, or otherwise unable to bring the action together. An attorney can help determine who has authority to file under the family’s circumstances.
Georgia generally distinguishes between a wrongful death claim for the full value of the child’s life and a separate claim for certain losses arising before or because of the death. Depending on the circumstances, an estate claim may seek damages for the child’s conscious pain and suffering before death. Medical and funeral expenses may also be recoverable under applicable law, but the proper claimant and legal basis must be determined.
How Long Do I Have to File a Wrongful Death Lawsuit in Georgia?
Georgia generally provides two years from the date of death to file a wrongful death lawsuit under O.C.G.A. § 9-3-33.
When the death involves medical malpractice, additional rules may affect the deadline. Georgia’s medical malpractice statutes generally include a two-year limitations period and a five-year statute of repose, but special provisions for minors and certain exceptions can change how these deadlines apply.
Because birth injury cases may involve medical negligence that occurred well before the child’s death, determining the correct filing deadline requires careful review of the dates and circumstances.
Contacting an attorney promptly can help protect your family’s ability to pursue a claim.
Contact the Atlanta Wrongful Death Lawyers at Georgia Baby Safety for Help Today
Losing a child because of suspected medical negligence can leave families with difficult questions about what happened and whether the tragedy could have been prevented. Understanding your legal options is an important step toward seeking accountability.
At Georgia Baby Safety, our Atlanta wrongful death attorneys can investigate the circumstances surrounding your child’s death, review medical records, and help determine whether you have grounds for a claim.
Contact us today to schedule a free case review and discuss your family’s legal options.
3490 Piedmont Rd NE #1206, Atlanta, GA 30305
(404) 995-6033
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