In Georgia and across the nation, most babies are delivered without any issues. However, there are some situations where a birth injury can occur. The financial and emotional devastation this can bring to you, and your loved ones can seem insurmountable. Birth injuries may lead to lifetime medical issues that could cost hundreds of thousands of dollars each month for health and educational needs.
When a negligent medical professional causes a birth injury during birth or pregnancy, they can be held responsible for any damages resulting from their malpractice. Medical malpractice laws hold physicians and other professionals responsible for their actions and compensate victims for the defendant’s mistakes.
Your window of opportunity is limited if you are thinking about bringing a medical malpractice lawsuit against your obstetrician or doctor on your child’s behalf.
Statute of Limitations
If a child suffers a birth injury, Georgia courts recognize a victim’s right to sue a provider for negligence for a limited amount of time. There is an equitable balance between guarding a defendant over being sued for something that occurred many years ago and allowing a plaintiff to bring legal action according to Georgia’s legal system. Achieving a fair verdict in a birth injury case is dependent on accurate evidence. Over time, memories and records related to the incident could become unreliable or may be lost.
A statute of limitations is a deadline that puts a time limit on an individual’s right to pursue a civil lawsuit. Different types of cases have their own deadlines according to each state and the federal government.
Because each case has a specific timeframe, if you don’t file your claim prior to the deadline, you will forfeit your right to bring a lawsuit against the person or the entity responsible for the incident.
Birth Injury Statute of Limitations in Georgia
Georgia’s Official Annotated Code Section 9-3-73 states that medical malpractice victims have two years to file a lawsuit against a physician. Once that time has passed, the lawsuit will not be allowed by the court. The birth injury statute of limitations doesn’t begin until after the child turns five years of age, which means you have until your child’s 7th birthday to file a claim.
It could be several years before a birth injury is detected, as there may be signs of developmental delays instead of trauma during the baby’s delivery. If despite your due diligence, you can prove that you were unaware of the child’s injury until after their 7th birthday, you may be able to “toll” the statute (extend the deadline).
When Can You File a Birth Injury Lawsuit?
Someone must be at fault in order to sue an individual for a birth injury. If the birth injury was necessary to prevent a more severe injury from occurring, or the injury was unavoidable, the healthcare provider isn’t considered at fault.
When are healthcare providers considered at fault for birth injuries?
In order to establish fault in a birth injury lawsuit, you will need to prove the following:
- The provider failed to exercise the skills and duty of care expected of a healthcare professional.
- The failure caused your child’s injuries.
Simply put, there are certain standards that healthcare professionals in the state of Georgia must adhere to. If the professional delivering the care fails to meet these standards and an injury occurs, they can be held responsible.
To convince a jury, a judge, or an insurance company that a healthcare professional either met or failed to meet the appropriate standard of care, medical experts are retained by both parties. These medical experts are brought in to testify about the correct standard of care and whether the professional met that standard.
A birth injury lawsuit can be filed for the following reasons:
- Failure to identify symptoms
- Failure to order the appropriate testing
- Unnecessary surgery
- Premature discharge
- Surgical errors
- Ignoring or misreading test results
- Misdiagnosis or failure to diagnose
- Failure to monitor the infant
Steps You Should Take After a Birth Injury
As the guardian or parent of an injured child, there are several steps you should take after a birth injury to improve your odds of recovering damages:
- Focus on the health of your child: After a birth injury, your child will likely become more vulnerable. You will need to take the necessary steps to improve their prognosis, including seeking out the appropriate medical experts and staying on top of all follow-up appointments. If it’s safe to do so, you should avoid communicating with the physician who delivered your child.
- Keep Records: You should keep track of all of your expenses related to the child’s injury. You will be able to receive all of the damages you are entitled to if you keep good medical records now. Our pain journal and damages/expenses worksheet will help you stay organized.
- Contact a lawyer: After your child has sought treatment, you should contact an experienced attorney who handles birth injury cases. Your attorney will help you determine if your claim is valid and offer you advice regarding your next steps.
- Reach out: Parents will need more than legal and medical help if they experience a birth injury. It would help if you reached out to support groups in your area to help you get through this emotionally trying time.
Recovering Damages
In Georgia, parents of birth injury victims can recover the following damages:
- Non-Economic Damages: Non-economic damages, such as pain and suffering, are non-monetary losses resulting from an injury.
- Economic Damages: Economic damages, such as past and future lost wages or medical expenses, are monetary losses resulting from an injury.
- Punitive Damages: If a defendant’s actions were unusually egregious, a plaintiff might be awarded punitive damages.
Bear in mind that most birth injury cases are filed by parents on the injured child’s behalf. Because of this, any damages you receive will be used to cover the child’s medical expenses. Leftover settlement funds will be placed in the child’s trust fund, which they will be able to access on their 18th birthday.
In a birth injury case, it can be challenging to calculate non-economic and economic losses because most of the losses are likely to occur in the future.
For instance, if a child suffers a brain injury, they will require care for the rest of their lives. Additionally, the child may be unable to work due to the brain injury, meaning that they will miss out on wages they would have earned had the injury not occurred. Vocational experts and medical professionals will also be asked to testify about the child’s future losses.
Contact The Eichholz Law Firm Today
If your child suffered a birth injury due to medical malpractice, we can help. Our experienced team of professionals at The Eichholz Law Firm will review your case and the facts surrounding the incident and walk you through the entire legal process. You are not alone – we understand what you and your loved ones are going through.
For more information about birth injury claims, contact us today. We’ll work with you to get you the justice you rightfully deserve for you and your child.
Call (855) 551-1019, or fill out an online contact form.