Georgia Birth Injury Lawyers

How Are Infant Wrongful Death Claims Handled Under Georgia Law?

Under the Georgia Wrongful Death Act, surviving parents can recover the full financial and emotional value of their child’s life if medical negligence during pregnancy, labor, or delivery results in a stillbirth or neonatal death. However, because the parents hold this claim, it is governed by a strict two-year statute of limitations from the date of loss—meaning the extended timeline (5 years plus 2) allowed for minor personal injury claims does not apply here.  These claims must be initiated by the surviving parents or the administrator of the infant’s estate, and they require absolute forensic proof that the healthcare provider’s standard of care violation at major medical facilities can directly cause catastrophic delivery errors and fatality.

The tragic loss of an infant due to delivery room errors is a catastrophic event that demands an unyielding legal response. When investigating Atlanta birth injury claims linked to system-wide failures at major birthing hospitals, families may seek compensation while also seeking justice. Under the Georgia Wrongful Death Act (O.C.G.A. § 51-4-4), the parents of the deceased child have the right to file a civil action against the negligent medical staff.

The Required Forensic Burden of Proof in Georgia Infant Deaths

Proving that an obstetric or pediatric mistake caused an infant’s death requires meticulous scientific reconstruction. Our team of birth injury lawyers collaborates with leading forensic pathologists, placental pathologists, and maternal-fetal medicine specialists to review all delivery records.

We must legally establish that:

• The medical staff owed a professional duty of care to the mother and the unborn fetus.
• To build a strong liability case, our team thoroughly assesses whether the medical providers breached their duty of care by violating accepted obstetric standards. 
• The specific medical error was the direct, proximate cause of the infant’s death or stillbirth.
• Parents may seek compensation while also pursuing justice for the loss caused by negligent medical staff.

Recoverable Damages Under Georgia’s Unique “Full Value of Life” Standard

Georgia’s wrongful death laws do not limit recovery to medical bills or funeral expenses. Instead, the law allows parents to recover the “full value of the life of the decedent, as shown by the evidence,” and our records review is aimed at determining liability among the involved medical providers.

This unique standard is divided into two parts:

• The Economic Value: Calculating the projected lifetime earnings and financial contributions the child would have made over a normal lifespan, along with related medical expenses, future medical costs, and the financial resources needed after a child’s birth injury.
• The Non-Economic Value: Measuring the intangible human experience, including physical pain, the emotional toll on both the child and the family, the loss of relationships, family bonding, the simple joy of living, and the impact on the child’s well-being.