If you’ve found yourself here, it may be because your child was hurt during birth. You might be feeling scared, confused, and unsure of what steps to take next. At our law firm, we understand how emotional and overwhelming this experience can be. You may be asking yourself how this happened, who is responsible, and what can be done. These are all valid questions. When something goes wrong during childbirth, and your child suffers as a result, it may be a sign of medical malpractice. Understanding your rights and the legal process in Georgia can help bring clarity during this difficult time.
Understanding Birth Injuries in Georgia
Birth injuries are physical harm a baby may suffer during labor or delivery. These injuries can happen for different reasons. Sometimes they are minor and heal quickly. Other times, they are serious and may cause long-term problems. Some of the most common types of birth injuries include brain damage, nerve injuries, broken bones, and oxygen loss. These injuries may affect a child’s ability to walk, talk, or develop in a normal way.
While some birth injuries happen naturally and could not be prevented, others are caused by mistakes that happen in the delivery room. When doctors, nurses, or other healthcare workers fail to provide safe and careful treatment, their actions may lead to injury. In the state of Georgia, this type of mistake is called medical malpractice.
What Is Medical Malpractice
Medical malpractice happens when a healthcare provider does not follow the standard level of care that is expected in their job. This means they made a mistake or failed to act in a way that another careful provider would have. In birth injury cases, medical malpractice might involve not noticing signs of distress in the baby, waiting too long to deliver the baby, or using delivery tools incorrectly. When these errors cause harm to a child or mother, families have the right to take legal action.
Adam Princenthal
Attorney At Law
David May
Attorney At Law
Matthew Wilson
Attorney At Law
It is important to understand that not all injuries during birth are the result of malpractice. But if a healthcare provider did not act as they should have, and that caused injury, then you may be able to bring a claim.
How Georgia Law Protects Families
In Georgia, the law allows families to bring a case against medical providers who cause birth injuries due to careless actions. These legal claims help families recover financial support for the harm that has been done. This support may include money for medical bills, therapy, equipment, home care, and pain and suffering.
Georgia has rules that guide how and when these cases can be filed. The law says that you usually have two years from the date the injury happened to file a claim. However, in cases involving children, there may be extra time given depending on the facts of the case. Still, it is important to act quickly. Evidence can disappear, memories can fade, and deadlines can be missed.
Families in Georgia can file these claims in civil court. A successful case must prove that the provider owed a duty of care, they failed to meet that duty, and this failure directly caused harm to the baby or mother. These legal steps can be hard to manage without the help of someone who knows the law well.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.”
- Debau
I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner."
- Nancy K.
I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!"
- Jacque Minor
The Impact on Families
A birth injury can change everything in a family’s life. The joy of welcoming a new child may be replaced by worry, hospital stays, and round-the-clock care. Parents may not be able to return to work. Families may need special equipment or long-term help for their child. The emotional toll can be just as hard as the financial one.
When birth injuries are caused by avoidable mistakes, the impact is even greater. Families deserve answers. They deserve to know what went wrong and who is responsible. More than that, they deserve support and justice for their child’s pain. Georgia law gives parents the right to demand accountability. By filing a legal claim, families can help make sure that the same mistakes do not happen to another child.
What Families Can Recover
In Georgia, the law allows families to seek compensation for different types of harm. This may include past and future medical expenses, therapy and rehabilitation costs, loss of income if a parent has to stop working to care for the child, and changes to the home to support the child’s needs. Families may also be awarded money for emotional distress, suffering, and the loss of the joys of raising a healthy child.
In some cases, the court may award punitive damages. These are not for covering costs but for punishing the provider if their actions were very reckless or harmful. However, Georgia limits how much a family can recover in some situations, and it’s important to understand how those limits apply to each case.
Related Videos
Hiring a Personal Injury Attorney
How Long Will a Personal Injury Case Take?
Building a Strong Case in Georgia
To build a strong case for medical malpractice in a birth injury, the law in Georgia requires more than just showing that the child was hurt. A medical professional must review the case and provide an affidavit saying that malpractice likely occurred. This is a required step under Georgia law. Without this affidavit, the case may be dismissed.
Gathering the right records is also very important. Medical records, test results, and witness statements can help show what went wrong. Your legal team will work with medical professionals to understand how the care your child received was different from what should have happened. This process can take time, but it is key to making sure the truth comes out.
Why Timelines Matter
Georgia’s statute of limitations is strict. For most birth injury claims, legal action must be filed within two years of the injury. In some cases involving young children, the law may extend that time. But this does not mean that waiting is a good idea. The sooner you begin, the better your chances of finding the evidence you need. It also gives your legal team time to prepare the case the right way. Once the deadline passes, the courts may not let you bring the case, no matter how serious the injury was.
Representative Cases
Getting Help for Your Family
Facing a birth injury case is not something you should do alone. The process is complex and can be emotionally heavy. Trying to get answers from a hospital or doctor on your own is difficult. Hospitals have lawyers and insurance companies who protect them. But your child deserves someone who will fight for them, too. That’s where your legal team comes in. We are here to listen to your story, to look closely at the facts, and to fight for the justice your child deserves.
We know how heartbreaking and stressful this experience can be. You may be unsure of what your rights are. You may not know if malpractice happened. You may be afraid to take the first step. But you are not alone. Our team is ready to stand by your side and help you through this journey.
If you believe your child was harmed by a birth injury that could have been prevented, it’s time to speak with someone who understands the law in Georgia. At Princenthal May & Wilson LLC, we are here to help families move forward after medical mistakes. We will take the time to listen to your concerns, review your case, and help you understand your options. Call us today to take the first step toward justice and support.