Wrongful Death
A wrongful death case in a medical malpractice lawsuit arises when a patient dies as a result of medical negligence or errors by healthcare providers. These lawsuits are filed by the surviving family members or the estate of the deceased to seek compensation for the loss and damages caused by the wrongful death.
In Georgia, to establish a wrongful death claim due to medical malpractice, the plaintiff must prove that the healthcare provider owed a duty of care to the patient, breached that duty through negligence or omission, and that this breach directly caused the patient’s death. Common examples of medical negligence leading to wrongful death include misdiagnosis, surgical errors, medication mistakes, and failure to provide timely and appropriate treatment.
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The damages awarded in a wrongful death lawsuit can include economic losses such as medical expenses incurred before death, funeral and burial costs, and loss of the deceased’s future earnings. Non-economic damages may also be awarded for the pain and suffering of the deceased before death, as well as the emotional distress and loss of companionship experienced by the surviving family members. Wrongful death cases are exceptionally complex, so it is important that you work with experienced medical malpractice attorneys to navigate the complicated legal process.
