Time is of the Essence in Georgia Birth Injury Claims
Although most babies in Georgia and across the United States are delivered without problems, in some situations birth injuries can occur. If it happens to you and your family, you understand the emotional and financial devastation this brings. Birth injuries may cause a lifetime of medical issues that can cost thousands of dollars a month for educational and health needs.
When your child’s birth injury is caused by the negligence of a medical professional during pregnancy or birth, they can be held accountable for those injuries and the resulting harm. Medical malpractice laws are designed to compensate you for a doctor’s or other professional’s mistakes and carelessness, as well as hold them responsible for their actions.
If you’re considering bringing a birth injury malpractice case against your doctor or obstetrician on behalf of your child, time is of the essence.
Birth injury statute of limitations in Georgia
Parents have only a limited amount of time to bring a birth injury medical malpractice case. In the case of an infant or minor child, the parents file a case on the child’s behalf. This limited period is called the statute of limitations, and once this time has passed, you’re no longer eligible to file a lawsuit – which is why it’s so important to contact a birth injury attorney as soon as possible.
In a nutshell, the Georgia statute of limitations for medical malpractice lawsuits is two years from the date of injury or death. However, there are some exceptions that could shorten or extend this time:
- If a child is injured because of medical malpractice before the child turns five years old, then the medical malpractice claim for the injury to child must be brought before the child turns seven years old.
- In cases where a birth injury results in the death of a child, a wrongful death claim must be filed within two years of the date of death.
You can see the latest Georgia code on malpractice statutes of limitations and exceptions here and here.
Unfortunately, many of the kinds of errors that result in serious birth injuries are preventable. When doctors or nurses fail to properly monitor heart and oxygen rates, administer medication, perform a timely C-section or improperly deliver a breech baby, they can cause child and mother extreme physical harm.
If you believe your child’s birth injury was due to medical malpractice, we want to help. The lawyers at Harris Lowry Manton LLP will assess your case, find out the facts and guide you on how to proceed. Our experienced legal team understands what your family is going through. Schedule a consultation at 404-961-7650 at our Atlanta office, or in Savannah at 912-651-9967, or fill out our contact form.
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Steve Lowry is an award-winning litigator who has secured record-setting jury verdicts on behalf of his clients. A passionate advocate for individuals who have been harmed by the actions of others, Steve has won numerous top 10 verdicts in Georgia.
Read more about Stephen G. Lowry here.