Childbirth is a medically complex event, and when things go wrong, the legal implications can vary significantly depending on the outcome. In some cases, a newborn may suffer a serious injury but survive, leading to a birth injury claim. In others, the child may die due to a preventable medical error, giving rise to a wrongful death case. Though both scenarios involve potential medical negligence, they are handled very differently under Georgia law, especially when it comes to liability, damages, and procedural requirements.
Under Georgia law, infant wrongful death is governed by O.C.G.A. § 51-4-2, which gives parents the right to recover for the full value of the child’s life, even if the death occurs shortly after birth. Birth injury cases, on the other hand, typically fall under medical malpractice statutes such as O.C.G.A. § 51-1-27 and O.C.G.A. § 9-3-71, which impose different burdens of proof, expert affidavit requirements, and timelines. Misunderstanding the distinction can lead to missed filing deadlines, reduced compensation, or even a dismissal of the case altogether.
The legal, medical, and emotional consequences of these incidents can be overwhelming for families. Parents are often left to navigate hospital bills, follow-up care, funeral expenses, and complex legal questions, all while trying to determine whether the harm qualifies as a survivable injury or a legally actionable death. Georgia law provides separate remedies for each scenario, but understanding which one applies is crucial for holding negligent parties accountable. This article will examine how infant wrongful death cases differ from birth injury claims in Georgia and what families need to know to protect their legal rights.
Definitions and Legal Classification
What Is an Infant Wrongful Death Claim?
An infant wrongful death claim involves the loss of a newborn or infant due to someone else’s negligence, usually by a medical professional, hospital, or third-party product manufacturer. These claims are governed by O.C.G.A. § 51-4-2, which allows surviving parents to seek compensation for the full value of the child’s life, measured from the perspective of the decedent.
Examples include:
- Failure to monitor fetal distress during labor
- Negligent neonatal care
- Untreated maternal infections leading to fatal complications
- Administering incorrect medication post-delivery
- Death caused by defective cribs or infant car seats
What Is a Birth Injury Claim?
A birth injury claim involves a child who survives but suffers harm during labor, delivery, or shortly after birth. These claims fall under medical malpractice law, particularly O.C.G.A. § 51-1-27, which establishes a duty for healthcare providers to deliver care consistent with accepted medical standards. They are subject to the statute of limitations under O.C.G.A. § 9-3-71.
Typical birth injuries include:
- Cerebral palsy from oxygen deprivation
- Brachial plexus injury during shoulder dystocia
- Bone fractures or nerve damage from forceps use
- Brain damage from untreated jaundice
- Developmental delays caused by failure to treat infections
Timing of the Harm
One of the key distinctions between these two claims lies in when the harm occurs and whether the child survives.
In birth injury cases, the child suffers harm but survives, even if only temporarily. In wrongful death claims, the child dies as a result of the negligence. Some legal complexities arise when the child is born alive but dies shortly thereafter. In Georgia, for a wrongful death claim to apply, there typically must be evidence that the child was born alive before the negligent act led to death.
Legal Standards and Burden of Proof
Both types of claims require proving negligence, but the legal framing and evidence needed differ.
In a birth injury case, parents must show:
- A medical professional-patient relationship existed
- The provider failed to meet the standard of care
- This failure directly caused injury to the baby
- The injury resulted in measurable damages
In an infant wrongful death case, the standard includes:
- The defendant owed a duty of care to the infant
- There was a breach of that duty
- The breach directly caused the death
- Parents sustained legally compensable losses
Both types of cases require expert medical testimony under O.C.G.A. § 24-7-702 to establish the standard of care and the causal connection between negligence and harm.
Who Can File the Claim
In Georgia, birth injury and wrongful death claims differ in terms of who is legally authorized to file them.
For birth injury claims, the wrongful death lawsuit is typically filed:
- By the parents on behalf of the minor child
- Or later by the child upon reaching the age of majority
For infant wrongful death claims, the right to sue is vested in:
- The biological or legal parents, jointly or separately
- If no parent survives, a legal guardian or the child’s estate
In some cases, parents can file both a wrongful death claim and a survival action through the child’s estate to recover for pain and suffering experienced prior to death.
Types of Damages Recoverable
Birth Injury Claims May Include:
- Past and future medical costs
- Long-term care and rehabilitation
- Special education needs
- Loss of earning capacity
- Pain and suffering
- Emotional distress of the child
Infant Wrongful Death Claims May Include:
- Full value of the child’s life (economic and intangible)
- Medical expenses prior to death
- Pain and suffering of the infant (if lived briefly)
- Funeral and burial expenses
- Emotional distress of the parents
The “full value of life” in Georgia is interpreted broadly and includes both the economic potential of the child’s future as well as the loss of companionship and affection.
Statute of Limitations
Georgia law imposes strict deadlines for filing both types of claims.
Under O.C.G.A. § 9-3-71, birth injury claims must generally be filed within two years, but if the injury occurs to a child under five, the period may be tolled until the child’s seventh birthday.
Infant wrongful death claims must be filed within two years of the date of death, per O.C.G.A. § 9-3-33. However, if a criminal investigation is connected to the death, the statute may be tolled until the investigation concludes.
Evidence and Expert Testimony
Gathering strong evidence is critical in both types of claims. This includes:
For Birth Injury:
- Labor and delivery records
- Fetal heart rate monitoring strips
- Neonatal intensive care unit (NICU) documentation
- Imaging studies (MRI, CT scans)
- Developmental assessments
For Infant Wrongful Death:
- Death certificate
- Autopsy findings
- Hospital incident reports
- Expert medical opinions on cause of death
- Proof of live birth (if death occurred shortly after delivery)
In both cases, plaintiffs must use expert testimony to show a deviation from accepted medical standards, as required by O.C.G.A. § 9-11-9.1.
Common Examples
Example 1 – Birth Injury
A mother experiences a prolonged labor, and signs of fetal distress go unaddressed. The child is born with severe brain damage due to oxygen deprivation. The baby survives but has permanent disabilities.
→ This is a birth injury case.
Example 2 – Infant Wrongful Death
A nurse administers a medication to a newborn in a dosage meant for an adult, causing fatal cardiac arrest.
→ This is an infant wrongful death case.
Example 3 – Blurred Line Case
An infant is born alive but dies within ten minutes due to failure to detect umbilical cord prolapse.
→ This may involve both wrongful death and a survival claim for the infant’s pain and suffering.
Emotional and Legal Complexity
Families navigating these situations are often overwhelmed with grief, confusion, and a sense of injustice. The distinction between birth injury and wrongful death is not just a technical one, it determines the legal route, the recoverable damages, and the type of legal representation needed.
Parents are often unsure about what type of case they have, especially when the child dies shortly after birth. Consulting a knowledgeable Georgia wrongful death lawyer early on can clarify whether a claim for medical malpractice, wrongful death, or both is appropriate.
Why the Distinction Matters
Understanding the legal and procedural differences between infant wrongful death and birth injury cases ensures:
- The right statute of limitations is applied
- The correct parties file the claim
- The proper experts and evidence are used
- Families seek the full measure of compensation allowed by law
Misclassifying a case can result in a loss of legal rights, especially when statutes of limitation expire or when parents file under the wrong legal theory.
Final Thoughts
While the emotional toll of an infant’s death or injury is beyond measure, the legal remedies in Georgia differ significantly depending on the outcome. Birth injury claims focus on lifelong care for a surviving child, while infant wrongful death claims center on compensation for a life that ended too soon. Each path requires a tailored legal approach, guided by Georgia law and supported by expert testimony.
Families don’t need to navigate this alone. A qualified attorney can help clarify the nature of the case, identify potential defendants, gather necessary records, and file a timely and effective claim. Contact us for a free, confidential consultation to discuss your options and protect your right to justice.