Legal Question in Medical Malpractice in Georgia

Wrongful Birth Statute of Limitations

On October 28, 2001, my son was born prematurely with AMC, a condition that contracts all his joints so that he is unable to functionally use his legs and arms. I have read online that a wrongful birth suit against my wife's ob-gyn may have been an option for us. Since he was born, me and my family have remained devastated and depressed by my son's unexpected birth with this condition, furious over a lack of warning. I always felt powerless because I didn't think the lack of a warning was malpractice. I don't think anyone not in a situation like ours can understand how we felt. My question is whether or not the statute of limitations is past for us to file such a suit. Thank you for your time.


Asked on 7/20/04, 9:28 pm

2 Answers from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Wrongful Birth Statute of Limitations

Without addressing the issue of whether the State of Georgia recognizes a wrongful birth action, the statute of limitations is two years and has already run. I'm sorry you and your family have had this experience.

Jim Hough

770-607-5300

Read more
Answered on 7/21/04, 5:26 pm
Glenn Loewenthal Glenn Loewenthal, P.C.

Re: Wrongful Birth Statute of Limitations

Unfortunately, Georgia law does not recognize a cause of action for wrongful birth.

Read more
Answered on 7/26/04, 6:34 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Georgia