I. Two lives. One delay.
Obstetrics leaves little room for error. When an urgent C-section is needed, time isn’t just important—it’s everything. A 20-minute delay might mean uterine rupture, hemorrhage, or worse. For the mother, the harm is often permanent. Georgia law recognizes this risk. But to bring a malpractice case, you need more than just a bad outcome. You need proof. Real proof.
And fast. Because the law doesn’t wait.
II. Standard of care? It’s not optional.
Georgia malpractice law is clear. Four elements, or no case:
- Duty — Once there’s a provider-patient relationship, the duty attaches. No debate.
- Breach — The question becomes: Did the OB/GYN act like a reasonably careful one would under the same conditions? If fetal heart tones crash and surgery waits 45 minutes, courts want to know why.
- Causation — Here’s where most claims fail. You must show the injury wouldn’t have happened but for the delay. Not “maybe.” Not “possibly.” A direct link, supported by credible expert testimony.
- Damages — Harm must be measurable. Physical, emotional, financial. Ideally all three.
O.C.G.A. § 51-1-27 controls. But application? That’s fact-dependent. Always.
III. Scenario: Strip shows distress. No one acts.
Fetal bradycardia. Absent variability. Labor’s stalled. The monitor screams warning. But the OB is charting. Or in another room. Or “waiting to see.”
That’s how delay begins.
In Georgia, no rule says “C-section within 30 minutes,” but the standard often expects it—especially in high-risk settings. Failing to respond to clear signs of distress can breach that standard. Courts ask:
- Were protocols followed?
- Was escalation timely?
- Did anyone call anesthesia?
- Why wasn’t the OR ready?
Paperwork tells one story. Reality often tells another.
IV. Maternal injuries. And they’re not rare.
Let’s talk outcomes. When delay happens, mothers suffer. Not always. But often.
- Postpartum hemorrhage — Blood loss can be rapid, uncontrolled. May require transfusions, sometimes hysterectomy.
- Uterine rupture — Especially in VBAC cases. It’s catastrophic.
- Sepsis — Prolonged labor increases infection risk, particularly after membrane rupture.
- Bladder or bowel damage — Emergency surgery without prep leads to surgical injury.
- Incontinence, prolapse, pelvic pain — Lifelong consequences.
- Psych trauma — PTSD after a birth emergency isn’t hypothetical. It’s documented.
- Fertility loss — After hysterectomy or uterine rupture, future pregnancy is gone.
These aren’t complications. They’re often preventable. That matters. Really matters.
V. Expert affidavit. Or no lawsuit.
Georgia requires more than a lawyer’s opinion. You need an expert’s. Under O.C.G.A. § 9-11-9.1, the complaint must be filed with an affidavit. Not later. With it.
The expert has to:
- Practice in OB/GYN
- Know the standard of care
- Identify at least one negligent act
- Connect it to the injury
No generic language. Courts toss affidavits that lack specificity.
Defense lawyers love challenging these early. If the affidavit’s weak, the case ends before discovery.
VI. Causation. The defense battleground.
Plaintiffs often argue: “If they’d operated sooner, this wouldn’t have happened.” But that’s not enough.
Causation must be proven to a reasonable degree of medical probability. Not hope. Not hindsight.
Defense teams push back with:
- Preexisting risks (e.g., uterine scarring)
- Alternative explanations (e.g., infection)
- Arguments that harm was already in motion
So what works?
- Timeline comparisons
- Fetal strip analysis
- Expert walkthroughs of “what should’ve happened, when”
It’s the hardest element to prove. Well, mostly.
VII. Spoliation – destroying evidence – gets sanctions
This happens. Records vanish. Strips get overwritten. Nurses “forget.”
If the facility failed to preserve critical data after notice, plaintiffs may raise spoliation under Georgia evidence law. Courts may sanction by:
- Letting the jury infer fault
- Preventing defenses
- In rare cases, striking pleadings
But timing matters. Send a preservation letter early. Don’t wait.
VIII. What Georgia law allows in damages
Economic:
- Medical costs (past and future)
- Lost income
- Loss of earning capacity
- Home care, assistive devices
Non-economic:
- Pain and suffering
- Emotional trauma
- Infertility-related loss
- Loss of enjoyment of life
Consortium:
Spouses may file separately. But only if injuries affect marital life in a legally recognized way.
Punitive:
O.C.G.A. § 51-12-5.1 sets a high bar. Gross negligence isn’t enough. You need proof of indifference or conscious disregard. Rare—but not impossible.
IX. Filing deadlines. Miss it? Game over.
- Standard limitation: 2 years from date of injury (O.C.G.A. § 9-3-71(a))
- Repose limit: 5 years absolute max from act (O.C.G.A. § 9-3-71(b))
- Birth cases: Child claims may toll until age 7 or 10, depending. But mother’s claim doesn’t toll.
Discovery doesn’t save you here. If it’s too late, it’s barred. Courts won’t bend that.
X. Trial? Maybe. But most settle.
Few of these cases reach a verdict. Reasons vary:
- High cost of experts
- Jury bias in favor of doctors
- Unpredictable outcomes
Still, serious injuries with strong expert backing often trigger settlement—especially if documentation is bad or hospital policy wasn’t followed.
But if trial comes, it’s all-in. Experts, timing charts, protocols. Every detail dissected.
Conclusion: Not every delay is malpractice. But some are.
Georgia law doesn’t punish OBs for bad luck. But it does hold them accountable for preventable harm. Delayed C-sections that cause maternal injury are actionable—if the facts meet the legal standard.
That means fast filing. Strong affidavits. Credible causation. And evidence that speaks louder than excuses.
Because “we waited to see” isn’t a defense. Not when someone bleeds out.
At Adams, Jordan & Herrington, P.C., our attorneys bring more than 120 years of combined experience to complex malpractice litigation.
