A birth injury can turn one of the happiest moments of your life into one filled with fear, uncertainty, and overwhelming responsibility. When a doctor or hospital’s mistake causes harm to your baby, the law gives you the right to seek justice. But that right doesn’t last forever.
The truth is, you only have a limited time to file a birth injury lawsuit, and missing the deadline can mean losing your chance at compensation—no matter how strong your case may be.
What Is the Statute of Limitations?
The statute of limitations is the legal deadline for filing a lawsuit. In most Georgia medical malpractice cases, you have two years from the date of injury to file. But in birth injury cases, things can be more complicated.
For example:
- If your child’s injury wasn’t obvious at birth—such as developmental delays or cerebral palsy diagnosed later—you may have a longer window.
- In some cases, the clock doesn’t start until the injury is discovered or reasonably should have been discovered.
- However, there’s also a statute of repose—a hard cutoff date after which you can’t file at all, no matter when the injury was found. In Georgia, that’s generally five years from the date of malpractice.
These rules vary from state to state, and they have exceptions. That’s why it’s critical to talk to an attorney as soon as you suspect a birth injury.
Why Waiting Can Hurt Your Case
Even if you believe you have time, every day that passes can make your case harder to prove. Medical records can get lost or altered. Witnesses’ memories fade. Staff members move on to other jobs and become harder to locate.
Starting early also gives your legal team more time to:
- Gather and preserve all relevant medical records.
- Obtain fetal monitoring strips and delivery room notes.
- Consult with qualified medical experts.
- Calculate the full cost of your child’s lifetime care needs.
The earlier you begin, the more thorough and effective the investigation can be.
What Counts as a Birth Injury?
A birth injury is any harm to a newborn caused before, during, or shortly after delivery. These can include:
- Brain injuries from oxygen deprivation.
- Cerebral palsy caused by delayed intervention.
- Brachial plexus injuries from shoulder dystocia.
- Fractures from improper delivery techniques.
- Infections caused by failure to diagnose or treat in time.
If the injury was the result of negligence—meaning your medical team didn’t follow accepted standards of care—you may have grounds for a lawsuit.
Learn more here: Birth Injury Lawsuits
How CFCK Law Helps Families Like Yours
At CFCK Law, we understand the physical, emotional, and financial toll a birth injury takes on a family. Our team handles the legal details so you can focus on your child’s well-being.
We will:
- Review your medical records with trusted experts.
- Determine whether negligence caused your child’s injury.
- File your claim within the correct legal deadlines.
- Fight for maximum compensation to cover medical bills, therapy, and lifetime care.
The Stakes Are High
Raising a child with special medical needs can cost hundreds of thousands—or even millions—of dollars over a lifetime. A successful lawsuit can help cover those costs and secure your child’s future.
But no matter how strong your case, it will be dismissed if filed too late. That’s why knowing—and beating—the deadline is so important.
Don’t Wait. Call Now.
You don’t have to be ready to file today, but you do need to protect your rights. Even if you’re not sure what happened or whether you have a case, the safest step is to get legal advice now.
CFCK Law offers free, confidential consultations for families facing the aftermath of a birth injury. We’ll listen, explain your options, and make sure no deadline stands between you and the justice your family deserves.