Infant wrongful death cases often arise from medical mistakes, unsafe products, or negligent care during or shortly after childbirth. These tragedies can occur in delivery rooms, neonatal units, or even at home under the supervision of healthcare professionals. In Georgia, holding the responsible party accountable requires more than a showing of harm—it requires proving specific legal elements under the state’s wrongful death statutes.
Georgia law, as outlined in O.C.G.A. § 51-4-2, allows the surviving parents of a deceased child to recover for “the full value of the life of the decedent.” However, to succeed in court, a claim must clearly establish that a legal duty was owed to the infant, that duty was breached, the breach directly caused the death, and the family suffered compensable damages. Each of these elements must be proven with precision, often involving expert testimony, medical records, and thorough legal analysis.
The process of pursuing an infant wrongful death claim can be emotionally and legally overwhelming. Parents must navigate grief while managing legal procedures, hospital investigations, and insurance communications. Georgia courts apply strict standards to these claims, and failing to meet even one required element can result in dismissal.
This article will examine the essential elements needed to prove infant wrongful death in Georgia, explain how each is evaluated in court, and offer guidance for families considering legal action after such a heartbreaking event.
Below is a detailed, step-by-step breakdown of the critical elements needed to prove infant wrongful death in Georgia:
1. Proof of a Legal Duty of Care Owed to the Infant
The first element involves establishing that the defendant owed a legal duty of care to the deceased infant. This duty will vary depending on the context of the incident.
- In medical settings, physicians, nurses, hospitals, and staff owe a duty to provide a standard of care consistent with accepted medical practices.
- In product liability cases, manufacturers and distributors must ensure that infant products are safe for use.
- In vehicular accidents, drivers owe a duty to operate their vehicles responsibly and obey traffic laws.
In infant death claims, demonstrating this duty often requires expert testimony, professional standards, and policies.
Example: If a newborn dies due to a doctor failing to monitor fetal distress, the physician had a legal duty to recognize and act upon signs of distress in accordance with standard obstetric protocols.
2. Breach of That Duty Through Negligence or Misconduct
Once a duty of care is established, the plaintiff must prove that the defendant breached that duty through negligent action or inaction.
- Medical malpractice may involve failure to monitor fetal vitals, misdiagnosis, improper delivery technique, or medication errors.
- Negligent supervision can occur in daycare centers or foster homes where caretakers fail to meet basic infant care standards.
- Defective products might include car seats, cribs, or toys that fail to meet safety regulations.
Establishing breach typically requires:
- Testimony from expert witnesses
- Medical records or logs
- Product recalls or compliance violations
Note: In Georgia, the “reasonable person” standard is applied—what would a reasonably prudent person or professional in the same situation have done?
3. Causation – Linking the Breach Directly to the Infant’s Death
The third and perhaps most critical element is causation. Plaintiffs must show that the breach of duty was the direct and proximate cause of the infant’s death. There are two layers:
- Actual Cause (Cause in Fact): The death would not have occurred but for the defendant’s action or inaction.
- Proximate Cause: The death was a foreseeable result of the defendant’s conduct.
Evidence to prove causation may include:
- Autopsy reports
- Expert pathologist reviews
- Medical examiner testimony
- Surveillance video or eyewitness accounts
- Incident reconstruction in cases involving accidents
This is often the most contested issue in litigation. Defense attorneys may argue that other medical conditions or third-party factors caused the death, not the alleged negligence.
4. Demonstrable Damages Resulting from the Death
To proceed with a wrongful death lawsuit in Georgia, the plaintiff must show quantifiable damages resulting from the infant’s death. Georgia law distinguishes between:
a. The Full Value of the Life of the Child (O.C.G.A. § 51-4-1)
This includes both tangible and intangible components:
- Economic Value: Projected future earnings (though this is speculative with infants)
- Intangible Value: Loss of companionship, love, and potential experiences
b. Survival Actions and Funeral Costs
Parents may also file a separate estate claim for:
- Pain and suffering the infant endured before death
- Medical bills
- Burial and funeral expenses
Even though the infant did not live long, courts will evaluate suffering prior to death—particularly if the child lived hours or days post-injury.
5. Proper Legal Standing to File the Claim
Only certain individuals may file a wrongful death claim for an infant under Georgia law:
- If the parents are married and living: Either parent may file.
- If only one parent is living or present: The surviving parent can file.
- If the infant had no surviving parents: The guardian or the representative of the estate may initiate the claim.
Legal documentation (such as birth certificates, guardianship orders, or custody documents) is often required to prove legal standing.
6. Adherence to the Statute of Limitations (O.C.G.A. § 9-3-33)
Georgia imposes a two-year statute of limitations on wrongful death claims, including infant cases. However, special considerations may apply:
- If the estate is not probated right away, the statute may pause for up to five years.
- If criminal charges are filed in connection to the death, the civil claim may be tolled until criminal proceedings conclude.
Failing to file within the correct window may bar recovery permanently.
7. Pre-litigation Requirements in Medical Malpractice Cases
If the case involves medical negligence (e.g., birth injuries, delivery errors), Georgia law requires plaintiffs to attach an affidavit of merit (O.C.G.A. § 9-11-9.1). This affidavit must:
- Be written by a qualified expert
- State that at least one act of negligence occurred
- Provide the factual basis for the claim
This requirement ensures frivolous malpractice lawsuits are filtered out early. Failure to include this document may result in immediate dismissal.
8. Preservation of Evidence and Documentation
Timely and thorough documentation is essential for infant wrongful death cases. Families and attorneys should aim to:
- Request and retain all hospital and doctor records
- Obtain any surveillance footage (e.g., from a hospital room or delivery room)
- Record all communications with caregivers or medical professionals
- Retain damaged or defective infant products (if applicable)
Photographs, timestamps, and firsthand accounts can all support a clear evidentiary timeline.
9. Expert Witness Testimony
Because these cases often hinge on medical facts and care standards, the use of expert witnesses is essential. These may include:
- Neonatologists
- Obstetricians
- Pediatricians
- Forensic pathologists
- Product safety engineers
Expert testimony helps jurors understand what went wrong, whether care was appropriate, and how the infant’s death could have been prevented.
10. Filing the Wrongful Death Complaint in the Correct Court
The formal legal action begins when a wrongful death complaint is filed. The lawsuit should include:
- Identification of the defendant(s)
- Allegations and legal basis for the claim
- Damages sought
- Supporting exhibits, affidavits, and statements
Venue depends on the residence of the defendant or where the cause of action arose. Georgia state courts typically handle these claims, but some may be removed to federal court if diversity jurisdiction exists.
If you’ve lost an infant due to suspected negligence, speak with our Georgia wrongful death lawyer today to discuss your options and protect your right to justice.
Conclusion
Infant wrongful death cases are among the most heartbreaking—and legally challenging—claims to litigate in Georgia. Proving liability involves far more than showing that a baby tragically died. It demands a step-by-step evidentiary approach: proving duty, breach, causation, damages, and compliance with procedural laws.
Given the high stakes and legal intricacies, families are strongly advised to work with a Georgia wrongful death attorney experienced in medical negligence and infant fatality litigation. Legal experts not only handle the complex documentation and court filings but also provide the emotional support and guidance families need during such a traumatic time.
If you’ve lost an infant due to suspected negligence, speak with our team today. Contact us for a free, confidential consultation to discuss your options and protect your right to justice.