Best Birth Injury Attorneys in Augusta

Frequently Asked Questions

• When should you file a birth injury case in Augusta?

  According to the Official Code of Georgia, Section 9-3-73, the general statute of limitations for medical malpractice cases is two years from the date of the injury. There is an exception for birth injuries. Only after the injured child's fifth birthday does the two-year filing deadline begin to count. As a result, the parents must file the case in Augusta before the child's seventh birthday. If the birth injury was fatal, the wrongful death claim must be filed within two years of the child's death.

• What is considered a wrongful birth case in Augusta?

  It is failing to diagnose the infant's prenatal condition or withholding information about potential birth complications. This prevents the parents from making informed decisions about the pregnancy. For example, an Augusta doctor misdiagnosed or failed to test for a congenital condition that causes paralysis in babies and necessitates lifelong medical care. Because of the medical professional's negligence, the parents were unable to consider terminating the pregnancy or taking precautions to avoid birth complications.

• What types of damages can you claim in a birth injury case in Augusta?

  Your Augusta birth injury lawyer can assist you in claiming both economic and non-economic damages. Economic damages are quantifiable losses such as ongoing medical costs, special education, home modifications to accommodate the child's needs, and lost wages for the parents while caring for the injured child. Non-economic damages are intended to compensate for pain and suffering. Reduced quality of life, emotional distress, and mental and physical strain on the family are all examples of this.

• What are common birth injury cases in Augusta?

  Medical mistakes made during labor, such as failing to detect fetal distress, during delivery, such as using forceps improperly, or after the baby is born, such as inadequate ventilation in the NICU, result in birth injuries. Cerebral and Erb's palsies, brain damage, hypoxic-ischemic encephalopathy (HIE), bone fractures, and epilepsy are all common birth injuries. Birth injuries frequently cause developmental delays and necessitate costly medical care. An Augusta birth injury lawyer can assist you in obtaining just compensation.

• Is there a cap on the amount of damages you can claim for a birth injury in Augusta?

  In Augusta, there is no cap on economic damages in brain injury cases. Non-economic damages, however, are limited to $350,000 under Georgia Official Code Section 51-13-1. This is the maximum amount of non-economic damages that can be awarded to the claimant, regardless of how many medical providers were sued. However, if more than one medical facility is found to be responsible for the birth injury, the cap is raised to $700,000.