A birth injury can change a child’s life forever and place overwhelming emotional and financial strain on an entire family. When medical negligence before, during, or immediately after childbirth causes preventable harm, Georgia law may allow parents to pursue compensation through a birth injury medical malpractice claim.
Birth injury cases are medically complex and emotionally sensitive. If your child suffered a birth injury in Georgia, The C. Paul Law Firm P.C. can help you understand your rights and evaluate whether medical negligence played a role.
What Is a Birth Injury Under Georgia Law?
A birth injury occurs when a baby suffers physical or neurological harm due to medical negligence during pregnancy, labor, delivery, or neonatal care. Unlike congenital conditions, birth injuries are often preventable and result from failures to meet accepted medical standards.
Georgia law treats birth injury cases as a form of medical malpractice, subject to strict procedural and expert requirements.
Common Causes of Birth Injuries
Birth injuries may result from medical errors such as:
- Failure to monitor fetal distress
- Delayed or improper use of C-section
- Misuse of forceps or vacuum extraction
- Oxygen deprivation (hypoxia or asphyxia)
- Failure to diagnose maternal or fetal complications
- Improper management of labor and delivery
- Medication or anesthesia errors
- Failure to treat neonatal infections
Each case must be evaluated based on the specific medical facts and timeline of care.
Common Types of Birth Injuries
Birth Injury Examples
| Type of Birth Injury | Potential Impact |
| Cerebral Palsy | Permanent motor and cognitive impairment |
| Brachial Plexus Injury | Arm weakness or paralysis |
| Hypoxic-Ischemic Encephalopathy (HIE) | Brain damage from oxygen loss |
| Skull or Brain Trauma | Developmental delays |
| Fractures | Collarbone or limb fractures |
| Facial Nerve Damage | Asymmetry or paralysis |
| Spinal Cord Injury | Paralysis or severe disability |
Some birth injuries require lifelong medical care and support.
Long-Term Impact of Birth Injuries
Birth injuries can result in:
- Permanent physical disabilities
- Cognitive or developmental delays
- Speech or mobility impairments
- Seizure disorders
- Ongoing medical treatment and therapy
- Special education needs
- Emotional and financial strain on families
Georgia courts recognize the lifetime cost of care when evaluating damages in birth injury cases.
What Must Be Proven in a Georgia Birth Injury Case
To pursue a birth injury malpractice claim in Georgia, parents generally must establish:
- A provider-patient relationship existed
- The medical provider breached the standard of care
- The breach occurred during pregnancy, labor, delivery, or neonatal care
- The breach caused the birth injury
- The child and family suffered damages
Expert medical testimony is almost always required.
Expert Affidavit Requirement in Georgia Birth Injury Cases
Georgia law requires an expert affidavit to be filed with most medical malpractice lawsuits, identifying at least one negligent act and explaining how it violated the standard of care.
Failure to comply with this requirement can result in dismissal.
Damages Available in Birth Injury Cases
Birth injury claims may involve significant long-term damages, including:
- Past and future medical expenses
- Physical, occupational, and speech therapy
- Assistive devices and mobility equipment
- Home and vehicle modifications
- Special education and care needs
- Lost future earning capacity
- Pain and suffering
- Emotional distress for the family
Birth injury cases often involve substantial lifetime compensation.
Statute of Limitations for Birth Injury Claims in Georgia
Georgia has special rules for birth injury cases involving minors. While certain deadlines may be extended, strict legal timelines still apply, and early legal evaluation is critical.
Delays can permanently bar recovery.
What to Do If You Suspect a Birth Injury in Georgia
To protect your child’s rights:
- Obtain complete prenatal and delivery medical records
- Document developmental concerns and diagnoses
- Follow recommended medical and therapeutic care
- Avoid discussing the matter with insurers without legal guidance
- Seek a professional legal review as soon as possible
Early action helps preserve evidence and expert availability.
Frequently Asked Questions
Is every complication during birth malpractice?
No. A birth injury claim requires proof of negligence.
Can birth injuries be discovered years later?
Yes. Some neurological injuries become apparent as a child develops.
Can hospitals be held responsible?
Yes, depending on employment and agency relationships.
Why Choose The C. Paul Law Firm P.C.
- Experience evaluating complex Georgia medical malpractice claims
- Knowledge of birth injury medicine and life-care damages
- Strategic analysis of liability and long-term costs
- Clear, compassionate communication
- Commitment to ethical, family-focused representation
We approach birth injury cases with care, precision, and respect for the families involved.
Speak With a Birth Injury Lawyer in Georgia
If your child suffered a birth injury due to medical negligence in Georgia, The C. Paul Law Firm P.C. is ready to help you understand your legal options.
The C. Paul Law Firm P.C.
1870 The Exchange, Suite 200, #1387
Atlanta, GA 30339
Phone: (212) 551-PAUL
Website: www.cpaullawfirm.com
Reach out today to speak with a member of our team and take the next step toward accountability and protection for your child’s future.