Birth Injury Claims in Georgia & South Carolina
The birth of a child should be a joyful event, but medical negligence during pregnancy, labor, or delivery can cause devastating injuries that affect a child for life. According to the Centers for Disease Control and Prevention (CDC), birth injuries affect approximately 7 in every 1,000 births in the United States. When these injuries result from preventable medical errors, families deserve justice and the resources to provide their child with the care they need.
At Roden Law, our birth injury lawyers represent families across Georgia and South Carolina whose children are harmed by obstetric negligence. These cases are among the most complex in medical malpractice law, requiring expert analysis of fetal monitoring strips, delivery room decisions, and neonatal care protocols.
Common Types of Birth Injuries
Birth injuries caused by medical negligence include:
- Cerebral palsy: Often caused by oxygen deprivation (hypoxia) during labor and delivery
- Erb’s palsy and brachial plexus injuries: Nerve damage from excessive force during delivery, particularly with shoulder dystocia
- Hypoxic-ischemic encephalopathy (HIE): Brain damage from insufficient oxygen supply to the newborn
- Intracranial hemorrhage: Bleeding in the brain caused by traumatic delivery or improper use of forceps or vacuum extractors
- Facial nerve paralysis: Damage to facial nerves from pressure during delivery or improper instrument use
- Bone fractures: Clavicle and humerus fractures from difficult deliveries
- Spinal cord injuries: Caused by excessive traction or rotation during delivery
Many birth injuries result in permanent brain injuries that require lifelong medical care, therapy, and adaptive support. In the most tragic cases, birth injuries can be fatal — our wrongful death lawyers help families who have lost a child due to delivery room negligence.
Causes of Preventable Birth Injuries
Medical negligence during childbirth takes many forms:
- Failure to monitor fetal heart rate patterns indicating distress
- Delayed decision to perform an emergency cesarean section
- Improper use of forceps or vacuum extraction devices
- Excessive force during delivery, particularly in shoulder dystocia situations
- Failure to manage preeclampsia, gestational diabetes, or other pregnancy complications
- Failure to diagnose and respond to umbilical cord complications
- Inadequate neonatal resuscitation
Georgia & South Carolina Birth Injury Law
Birth injury claims are subject to medical malpractice procedural requirements. Georgia requires an expert affidavit under O.C.G.A. § 9-11-9.1, and South Carolina requires a Notice of Intent and expert opinion under S.C. Code § 15-79-125.
An important consideration in birth injury cases is the statute of limitations for minors. In Georgia, minors generally have until their seventh birthday to file a medical malpractice claim, subject to the 5-year statute of repose (O.C.G.A. § 9-3-73). South Carolina allows minors to file suit within the normal limitations period after reaching the age of majority. These extended deadlines give families additional time, but early investigation is always advisable.
Lifetime Damages in Birth Injury Cases
Birth injury cases often involve the most significant damages in medical malpractice law because they encompass a lifetime of care needs. Recoverable damages include all past and future medical expenses including surgeries, therapy, and medications; costs of assistive devices, home modifications, and adaptive technology; special education and developmental therapy expenses; lost future earning capacity; pain and suffering endured by the child; and parents’ emotional distress and loss of the parent-child relationship. Our attorneys work with life care planning experts and economists to calculate the full cost of your child’s lifetime needs. Contact Roden Law for a free, confidential consultation.