A birth injury lawsuit in Georgia can involve any child under the age of five years. The state’s statute of limitation allows for two years after the injury is sustained to file, or up to the age of five if the injury is not immediately discovered. In the event of a wrongful death during birth, the family has two years to file a wrongful death lawsuit.
There are no caps on the settlement amounts that can be levied against those found guilty of a birth injury. Several cases in recent years have resulted in large settlements to care for the affected child throughout their entire life.
Northeast Georgia Medical Center
In 2014, a jury awarded a family 8.4 million dollars in a birth injury case against Northeast Georgia Medical Center. The child suffered a birth injury involving a lack of oxygen that resulted in the development of cerebral palsy.
Records showed that after the child was delivered through an emergency procedure, he was not given an oxygen tube for up to eight minutes, which resulted in serious brain damage that led to the diagnosis. It is unclear if the child will ever be able to walk or talk, and he will always require feeding tubes. The money will go to his future medical needs.
Gwinnet Medical Center
In another medical facility located in Gwinnet County, Georgia, a court ruled that the prolonged oxygen deprivation of another child was the cause of severe brain damage that led to cerebral palsy and epilepsy.
The lawsuit alleged that, had the medical team acted more swiftly in the face of the emergency delivery and ordered a cesarean section, the child could have avoided the oxygen deprivation. A midwife who was present at the time of the birth stood as a witness, and her testimony was part of the court’s decision to award the family 13.9 million dollars for past and future medical expenses related to the baby’s birth injuries.
Georgia Birth Injury Attorney
Retaining an attorney as soon as possible after a birth injury occurs, or symptoms are noticed, is the best way to ensure that a birth injury case could be successful. Because the statute of limitations is short, it’s important to approach an attorney as soon as you think you will need one, so that they can begin the proceedings quickly. They will be able to approach the proper healthcare professionals and other channels to conduct an investigation alongside the authorities, and they can help determine how much to settle for or to levy against any party that is found responsible for the birth injury.
An attorney that specializes in birth injury lawsuits in Georgia will also be able to help in cases of wrongful death resulting from a birth injury. In one Georgia case, a 2.8 million-dollar verdict was awarded to the parents after the wrongful death of their infant was caused by the negligence of attending staff.
In cases like the Gwinnet County case, the attorney will also help find and prepare witnesses for the stand, who can help prove to the courts that the injury sustained was in fact due to the actions of the doctor or other staff involved with the birth. Witnesses may be helpful if the case was years ago and records have not been meticulously kept. Keeping as many medical records surrounding the pregnancy, birth, and pediatric care is vital for having a quick and successful birth injury lawsuit. An attorney can also help you sort through paperwork and decide what medical records surrounding the event are important for a court case.
Sources:
http://injurylawyer-news.com/2014/12/midwife-testifies-nurses-ga-birth-injury-case/
http://medstak.com/state-laws/georgia-birth-injury-lawyer/
http://www.birthinjuryguide.org/2014/10/ga-hospital-pay-8-4-million-birth-injury-case/
http://www.birthinjuryguide.org/birth-injury/financial-support/statute-limitations/