When a child is injured by a medical mistake in Atlanta, Macon, or anywhere else in Georgia, families are suddenly forced into a fight they never asked for, against hospitals, insurers, and systems that close ranks fast. These cases are not about minor errors; they are about children whose lives may be permanently changed because someone in a position of trust failed to do their job. Pediatric malpractice demands a lawyer who understands how local hospitals operate, how Georgia juries think, and how to push back when powerful institutions refuse accountability.
Georgia Pediatric Malpractice Lawyer
McArthur Law Firm has spent decades taking on serious medical negligence cases across Georgia, including malpractice claims involving devastating injuries. Below, McArthur Law Firm lays out critical information families need to know, how pediatric malpractice happens, who may be responsible, the legal options available, the types of financial recovery that may be pursued, and how a Georgia pediatric malpractice lawyer can fight relentlessly to seek compensation and justice for injured children and their families.
McArthur Law Firm serves the entire state of Georgia, including: Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and surrounding communities. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your child’s injury from Pediatric Malpractice, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
Overview of Pediatric Malpractice in Georgia
- Major Types of Pediatric Malpractice in Georgia
- Injuries Caused by Pediatric Malpractice in Georgia
- Where Pediatric Negligence Happens in Georgia
- Who May Be Liable for Pediatric Malpractice Under Georgia Law
- Role of a Georgia Pediatric Malpractice Lawyer
- Frequently Asked Questions About Pediatric Malpractice in Georgia
- Resources
Major Types of Pediatric Malpractice in Georgia
Birth Injuries Caused by Medical Errors — Birth injuries can occur when medical providers fail to properly monitor the mother or baby during labor and delivery, delay a necessary C-section, misuse forceps or vacuum devices, or ignore signs of fetal distress. These mistakes can deprive a baby of oxygen or cause physical trauma at the very moment when careful, timely action matters most. In Georgia, birth-related pediatric malpractice often results in life-altering conditions that require extensive medical care from infancy through adulthood, placing enormous emotional and financial strain on families in Atlanta, Macon, and surrounding communities.
Misdiagnosis or Delayed Diagnosis in Children — When doctors overlook symptoms, dismiss parental concerns, or fail to order appropriate tests, serious childhood illnesses can worsen rapidly. Conditions such as infections, appendicitis, congenital heart defects, cancer, or sepsis may initially present with subtle signs that require pediatric-specific knowledge to recognize. In busy Georgia emergency rooms or pediatric clinics, a missed or delayed diagnosis can mean the difference between a treatable condition and permanent injury or death.
Medication and Dosage Errors in Pediatric Care — Children are especially vulnerable to medication mistakes because dosages must often be calculated based on weight and age. Errors can happen when the wrong medication is prescribed, the dosage is miscalculated, instructions are unclear, or a pharmacy fills a prescription incorrectly. Even small deviations can have serious consequences for infants and children, leading to organ damage, seizures, or toxic reactions. Pediatric medication errors remain a significant source of malpractice claims across Georgia healthcare facilities.
Surgical Errors in Pediatric Procedures — Operations on children require specialized training, equipment, and planning. Malpractice may occur when surgeons operate on the wrong body part, damage surrounding organs, leave surgical instruments inside the body, or fail to properly manage anesthesia. In some cases, providers without sufficient pediatric experience attempt procedures that demand a higher level of expertise. Surgical mistakes can result in infections, permanent disability, or the need for multiple corrective surgeries later in life.
Failure to Monitor or Respond to Pediatric Distress — Children, especially newborns and critically ill patients, require constant observation and rapid intervention when vital signs change. Problems arise when nurses or doctors ignore alarms, fail to recognize worsening symptoms, or delay emergency treatment. In neonatal intensive care units, pediatric wards, and emergency departments throughout Georgia, inadequate monitoring can allow preventable complications to escalate into catastrophic injuries.
Failure to Obtain Informed Parental Consent — Parents have the right to understand the risks, benefits, and alternatives of medical treatment for their children. Pediatric malpractice may occur when providers move forward with procedures without fully explaining potential outcomes or without obtaining proper consent from a parent or legal guardian. When families are denied the opportunity to make informed decisions, children may be subjected to unnecessary or harmful medical interventions with lasting consequences.
Failure to Treat or Improper Discharge of a Child — Pediatric malpractice can also involve sending a child home too early or without appropriate follow-up care. This may include discharging a child from an emergency room despite ongoing symptoms, failing to provide clear instructions to caregivers, or not arranging necessary testing or referrals. In Georgia hospitals and urgent care centers, improper discharge decisions can allow serious conditions to worsen once a child leaves medical supervision.
Hospital-Acquired Infections in Pediatric Settings — Young patients face increased risks when healthcare facilities fail to follow proper sanitation, sterilization, or infection-control protocols. Infections contracted during a hospital stay, surgery, or neonatal care can be especially dangerous for children with developing immune systems. These preventable infections may lead to prolonged hospitalization, permanent injury, or life-threatening complications.
Failure to Refer a Child to an Appropriate Specialist — Pediatric malpractice may occur when a provider continues treating a child despite lacking the expertise to manage a complex condition. Delays in referring a child to a pediatric specialist, such as a neurologist, cardiologist, or surgeon, can result in missed treatment windows and irreversible harm. In both large metro areas like Atlanta and smaller Georgia communities, timely specialist referral is often critical to a child’s outcome.
Injuries Caused by Pediatric Malpractice in Georgia
Brain Damage and Neurological Injuries — Damage to a child’s brain can result from oxygen deprivation, untreated infections, medication errors, or surgical mistakes. These injuries may affect cognition, motor skills, speech, behavior, and a child’s ability to live independently later in life.
Developmental and Cognitive Delays — Medical errors during infancy or early childhood can interfere with normal growth and development. Delays in learning, communication, and social functioning may not become fully apparent until years after the malpractice occurred.
Physical Impairments and Mobility Limitations — Harm to muscles, nerves, or bones may lead to limited movement, paralysis, or the need for assistive devices. Children with mobility impairments often require long-term therapy and adaptive support as they grow.
Organ Damage and Chronic Health Conditions — Errors involving medication, infections, or delayed treatment can cause lasting damage to organs such as the lungs, kidneys, heart, or liver. These conditions may require ongoing medical monitoring and repeated interventions.
Emotional and Psychological Trauma — Beyond physical harm, pediatric malpractice can leave children struggling with anxiety, fear of medical care, or emotional distress. Families may also experience lasting psychological impacts as they cope with changes to their child’s health and future.
Where Pediatric Negligence Happens in Georgia
Atlanta Children’s Hospitals and Teaching Medical Centers — Atlanta is home to large pediatric hospitals and teaching facilities that treat high volumes of complex cases from across Georgia. Frequent provider handoffs, resident involvement, and heavy patient loads can increase the risk of pediatric errors when communication or supervision breaks down.
Atlanta Emergency Rooms and Trauma Centers — Busy Atlanta emergency departments often operate under constant pressure to move patients quickly. For children, this environment can lead to rushed evaluations, missed warning signs, delayed treatment, or premature discharge, especially for infants and non-verbal patients.
Macon Regional Hospitals Serving Central Georgia — Hospitals in Macon often provide care to children from surrounding rural areas. Limited pediatric specialty coverage, staffing constraints, and delayed transfers to larger facilities can increase the likelihood of diagnostic and treatment errors.
Macon Emergency Departments and Inpatient Units — Pediatric malpractice in Macon emergency rooms and inpatient settings may involve failure to recognize worsening symptoms, improper medication dosing, or inadequate monitoring when a child’s condition changes.
Pediatric Clinics and Urgent Care Centers in Atlanta and Macon — Outpatient facilities frequently see pediatric malpractice cases involving misdiagnosis, insufficient testing, improper treatment plans, or lack of clear follow-up instructions before a child is sent home.
Neonatal and Pediatric Intensive Care Units Across Georgia — NICUs and PICUs in both metro and regional hospitals are high-risk settings due to the fragile condition of patients. Any lapse in monitoring, response time, or adherence to pediatric protocols can quickly lead to severe injury.
Who May Be Liable for Pediatric Malpractice Under Georgia Law
Pediatricians, Emergency Doctors, Surgeons, and Other Treating Providers — Georgia law holds medical professionals accountable when they fail to exercise the ordinary care and skill required of their profession. This standard is set out in O.C.G.A. § 51-1-27, which applies to pediatricians, emergency physicians, surgeons, and specialists who treat children. When a child is injured because a provider did not meet accepted pediatric standards of care, that provider may be personally liable. In hospital emergency departments, Georgia law may require proof of gross negligence rather than ordinary negligence under O.C.G.A. § 51-1-29.5, depending on whether the care falls within the statute’s emergency-care protections.
Hospitals and Healthcare Systems — Hospitals in Georgia can be liable for pediatric malpractice in multiple ways. Under O.C.G.A. § 51-2-2, hospitals may be responsible for negligent acts committed by their employees, including nurses and staff physicians, when those acts occur within the scope of employment. Hospitals may also face direct liability for unsafe policies, inadequate staffing, poor supervision, or failures in pediatric safety procedures. Whether a hospital is liable for a specific doctor’s actions may depend on whether the provider was an employee or an independent contractor, an issue governed in part by O.C.G.A. § 51-2-4.
Nurses and Other Medical Staff — Nurses, technicians, and other clinical staff may be individually liable when their actions fall below professional standards and cause harm to a child. This includes medication errors, failure to monitor vital signs, charting mistakes, or failure to report changes in a child’s condition. These claims are typically pursued as part of a medical malpractice action involving care rendered in a hospital or clinical setting.
Medical Groups, Clinics, and Practice Owners — Pediatric practices, clinics, and medical groups may be liable for malpractice committed by providers they employ under O.C.G.A. § 51-2-2. These entities can also be held accountable for systemic failures, such as understaffing, improper scheduling, or policies that compromise pediatric patient safety.
Pharmacies and Pharmacists — When a child is injured due to an incorrectly filled prescription, improper dosage, or labeling error, liability may fall on the pharmacy or pharmacist under Georgia negligence law. Pharmacists are required to follow professional standards and state regulatory requirements found in Title 26, Chapter 4 of the Official Code of Georgia Annotated, which governs pharmacy practice.
Expert Affidavit Requirement in Georgia Pediatric Malpractice Cases — Most Georgia medical malpractice lawsuits, including pediatric malpractice cases, must be filed with an expert affidavit under O.C.G.A. § 9-11-9.1. The affidavit must identify at least one negligent act or omission and the factual basis for the claim. Failure to comply can result in dismissal.
Statute of Limitations for Georgia Pediatric Malpractice Claims — In Georgia, strict legal deadlines apply to pediatric medical malpractice claims. Under O.C.G.A. § 9-3-71(a), most malpractice lawsuits must be filed within two years of the date the injury occurred, even when the injured patient is a child. Georgia law also imposes a five-year statute of repose under O.C.G.A. § 9-3-71(b), which generally bars any claim filed more than five years after the negligent medical act, regardless of when the injury was discovered.
Children receive limited extensions under O.C.G.A. § 9-3-73: if a child is injured before age five, a malpractice claim generally must be filed by the child’s seventh birthday, but this extension does not always override the statute of repose. A narrow exception also exists for cases involving a foreign object left in the body, which are governed by O.C.G.A. § 9-3-72 and allow filing within one year of discovery. Because these rules are strict and highly fact-specific, families should seek legal guidance as soon as possible.
Role of a Georgia Pediatric Malpractice Lawyer
Focused Investigation of Pediatric Medical Errors — A Georgia malpractice lawyer investigates how and where a child was harmed, often reviewing care provided at Atlanta hospitals, Macon regional medical centers, and local pediatric clinics. This includes obtaining medical records, identifying pediatric standards of care, and working with child-focused medical experts.
Understanding Child-Specific Medical Standards — Pediatric malpractice cases are different from adult cases because children’s bodies, symptoms, and long-term needs are different. A lawyer familiar with Georgia pediatric cases understands how errors in Atlanta emergency rooms or Macon hospitals uniquely affect infants and children.
Handling Hospital and Insurance Claims — Hospitals and insurers in metro Atlanta and central Georgia aggressively defend pediatric malpractice claims. A pediatric malpractice lawyer handles all communications, prevents families from being pressured into early settlements, and presents evidence of long-term harm unique to children.
Filing Pediatric Malpractice Lawsuits in Georgia Courts — When insurance claims fail, the Georgia pediatric malpractice attorney files suit in the appropriate Georgia court, often in Fulton County, Bibb County, or surrounding jurisdictions. This includes meeting strict filing requirements and presenting child-centered evidence to judges and juries.
Pursuing Full Damages for Injured Children and Families — A Georgia pediatric malpractice lawyer fights for compensation covering medical care, future treatment, therapy, special education, loss of future earning capacity, pain and suffering, and, in fatal cases, damages available under Georgia wrongful death law.
Frequently Asked Questions About Pediatric Malpractice in Georgia
What qualifies as pediatric malpractice in Georgia?
Pediatric malpractice occurs when a Georgia healthcare provider violates accepted pediatric care standards, and that medical error directly causes injury, complications, or death to a child.
How can parents tell if a child was harmed by pediatric malpractice?
Parents often suspect pediatric malpractice when injuries were unexpected, symptoms were ignored, diagnoses delayed, or treatment outcomes were far worse than what doctors reasonably explained beforehand.
How long do families have to file pediatric malpractice claims in Georgia?
Georgia pediatric malpractice claims generally have a two-year deadline, with limited extensions for young children, making early legal review critical to preserving rights.
What injuries are most common in pediatric malpractice cases?
Pediatric malpractice injuries often involve brain damage, developmental delays, organ injury, mobility limitations, or lifelong medical needs that affect schooling, independence, and future earning potential.
When should someone contact a pediatric malpractice lawyer in Atlanta?
Families should contact an Atlanta pediatric malpractice lawyer as soon as possible after suspected malpractice to protect evidence, meet deadlines, and manage hospital communications.
How much does a Georgia pediatric malpractice attorney cost?
Most Georgia pediatric malpractice attorneys work on contingency, meaning families pay nothing upfront and legal fees are only collected if compensation is recovered.
What compensation can a Georgia pediatric malpractice lawyer seek?
A Georgia pediatric malpractice lawyer can seek compensation for medical bills, future care, therapy, special education costs, pain and suffering, and long-term disability expenses.
How long does a pediatric malpractice lawyer take to resolve a case?
A pediatric malpractice lawyer often resolves cases through negotiation, though complex cases in Georgia may take longer, especially when extensive medical evidence must be developed.
Resources
Malpractice Risk Among US Pediatricians (National Library of Medicine) — This peer-reviewed journal article analyzes malpractice claims involving U.S. pediatricians using data from a nationwide liability insurer between 1991 and 2005. It explains how often pediatricians face malpractice claims, how often payments are made, payment sizes, and how long claims take to resolve. The article also compares pediatricians with other medical specialties and examines how patient age and injury type relate to claim outcomes.
Study of Malpractice Claims Involving Children (The Doctors Company) — This report summarizes an analysis of over 1,200 malpractice claims involving pediatric patients closed between 2008 and 2017. It explains claim outcomes, payment amounts, injury severity, common allegations, and contributing factors. The study breaks data down by patient age groups and treatment settings and outlines patterns in diagnosis errors, treatment issues, and documentation problems across pediatric malpractice claims.
Pediatric Malpractice Claims in the Emergency Department and Urgent Care Settings (National Library of Medicine) — This journal article reviews closed malpractice claims involving children treated in emergency departments and urgent care centers from 2001 to 2015. It reports claim frequency, payment rates, average indemnity amounts, injury severity, and common medical conditions involved. The study also identifies diagnosis errors as a major contributing factor and explains how often claims go to trial and their typical outcomes.
Filing a Complaint (Georgia Composite Medical Board) — This official state resource explains how to file a complaint against a licensed physician in Georgia. It outlines who may file a complaint, how complaints are reviewed, and the steps involved in submitting one online or by mail. The page also explains anonymous complaints, required information, and how the Medical Board evaluates complaints within its legal authority.
Hire a Personal Injury Lawyer for Pediatric Malpractice in Atlanta, Georgia
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout the surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
