Trial Attorney Blog
When a loved one dies, families often look for someone to hold accountable.
In Atlanta — and more broadly, in Georgia — the notion of “wrongful death” provides a legal pathway to seek compensation for preventable deaths.
But can medical malpractice fall under the umbrella of wrongful death?
The short answer is: yes — under certain circumstances.
However, the answer is layered, involving Georgia’s wrongful death statute, medical malpractice law, and procedural rules.
Below, we explore what it means, when it is possible, and how legal representation — e.g. a Wrongful Death Lawyer or a Medical Malpractice Lawyer in Duluth — can help.
Understanding Wrongful Death Under Georgia Law
Under Georgia law, wrongful death is a legal action brought by the surviving family members of someone who died as a result of another’s negligent or intentional act.
The goal is to compensate the survivors for the “full value of the life” of the person who died.
Wrongful death in Georgia can arise from various situations, such as car accidents, defective products, workplace hazards, and yes — medical negligence.
The law allows certain family members to pursue justice on behalf of their loved one.
Generally, the surviving spouse has the first right to file the claim, followed by children or parents if no spouse exists.
The compensation in wrongful death cases covers two broad areas:
- Economic damages – such as lost wages, benefits, and future earning capacity.
- Non-economic damages – including loss of companionship, love, and care.
If the death occurred due to negligent medical treatment, the family can pursue a wrongful death claim grounded in medical malpractice.
What Is Medical Malpractice?
Medical malpractice happens when a doctor, nurse, hospital, or other healthcare professional fails to provide treatment that meets accepted standards of medical care — and that failure leads to injury or death.
Common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
- Birth injuries
- Failure to monitor vital signs or follow up on test results
- Anesthesia errors
When these mistakes cause a patient’s death, the incident may form the basis for a wrongful death claim based on medical malpractice.
How Medical Malpractice Becomes Wrongful Death
For a medical malpractice case to be classified as wrongful death, four essential elements must be proven:
- Duty of Care – The medical provider had a legal obligation to treat the patient according to accepted medical standards.
- Breach of Duty – The provider deviated from that standard (for example, failing to diagnose a condition that a competent doctor would have recognized).
- Causation – The breach directly caused the patient’s death.
- Damages – The death resulted in measurable harm to surviving family members (loss of income, emotional suffering, etc.).
A Wrongful Death Lawyer or Medical Malpractice Lawyer in Duluth will help gather the necessary medical records, consult expert witnesses, and build a case that demonstrates how negligence caused the fatal outcome.
Statute of Limitations and Statute of Repose
Georgia law imposes strict deadlines on filing both wrongful death and medical malpractice claims.
- Wrongful Death Claims: Families generally have two years from the date of death to file a lawsuit.
- Medical Malpractice Claims: Victims (or their families) typically have two years from the date of injury or death to file — but never more than five years from the negligent act or omission, due to the statute of repose.
These time limits are crucial.
Even if you discover the malpractice later, waiting too long could bar your claim entirely.
This is one reason families often consult a Wrongful Death Lawyer near me as soon as possible after a suspicious medical death.
Damages You Can Recover
When medical malpractice leads to wrongful death, families can pursue compensation for both financial and emotional losses. Common categories of damages include:
- Economic damages – lost wages and benefits the deceased would have earned, medical bills incurred before death, and funeral expenses.
- Non-economic damages – pain and suffering experienced before death, loss of love, companionship, and guidance.
- Punitive damages – awarded in rare cases where the healthcare provider’s actions were reckless or intentional.
A skilled Wrongful Death Lawyer can help calculate the full extent of these damages and ensure no category of compensation is overlooked.
The Role of Expert Witnesses
Medical malpractice wrongful death cases almost always require expert testimony. Medical experts review the evidence and explain:
- What the standard of care was
- How the healthcare provider deviated from it
- How that deviation directly led to death
Without such testimony, it’s nearly impossible to prove medical negligence in court.
That’s why an experienced Medical Malpractice Lawyer in Duluth or Atlanta-based Wrongful Death Lawyer works closely with trusted medical professionals to validate the claim.
Who Can File a Wrongful Death Claim?
Georgia law specifies who has the legal standing to bring a wrongful death claim:
- Surviving spouse – has the primary right to file and must receive at least one-third of any recovery.
- Children – may file if there is no surviving spouse.
- Parents – may file if the deceased had no spouse or children.
- Estate representative – can file for certain damages like medical bills and pain and suffering before death.
Each of these parties may pursue compensation for the economic and emotional toll caused by medical malpractice.
The Process of Proving a Medical Malpractice Wrongful Death
Building a strong wrongful death case rooted in medical malpractice involves several detailed steps:
- Case evaluation – A Wrongful Death Lawyer reviews medical records, cause of death, and hospital documentation.
- Expert consultation – Medical professionals determine if negligence occurred.
- Filing notice – In some cases, notice must be provided to healthcare providers before filing suit.
- Gathering evidence – Medical charts, autopsy reports, witness testimony, and communication records.
- Filing the lawsuit – Meeting all procedural and deadline requirements.
- Negotiation or trial – Many cases settle before trial, but experienced lawyers prepare as though every case might go to court.
This process is complex, which is why finding a Wrongful Death Lawyer near me who specializes in both medical and wrongful death law is essential.
Common Scenarios of Medical Malpractice Wrongful Death
Medical malpractice leading to wrongful death can occur in many settings, including hospitals, clinics, nursing homes, or emergency rooms. Common scenarios include:
- A surgeon leaves a foreign object inside a patient, leading to infection and death.
- A nurse administers the wrong medication dosage, causing fatal complications.
- A doctor fails to diagnose a heart attack or stroke in time.
- A hospital neglects to monitor a patient post-surgery, resulting in cardiac arrest.
- A childbirth complication is mishandled, causing the death of the mother or newborn.
Each of these tragic examples can form the basis for a wrongful death lawsuit under Georgia law when evidence of negligence is present.
Challenges in Medical Malpractice Wrongful Death Cases
These cases are among the most complex in civil law. Families should be aware of potential hurdles, such as:
- Proving causation – It can be difficult to link the provider’s mistake directly to death, especially if the patient had pre-existing health issues.
- Defensive strategies – Hospitals and insurers often have aggressive legal teams that challenge every claim.
- High burden of proof – The plaintiff must show the death was more likely than not caused by negligence.
- Emotional strain – Reliving medical details of a loved one’s death can be overwhelming.
An experienced Wrongful Death Lawyer understands how to navigate these challenges while minimizing the emotional burden on the family.
Why You Need an Experienced Lawyer
Medical malpractice wrongful death cases require both legal expertise and medical understanding. An experienced Medical Malpractice Lawyer in Duluth or Atlanta-based Wrongful Death Lawyer can:
- Investigate and document all evidence of negligence
- Consult expert witnesses to strengthen your case
- Handle all legal filings and deadlines
- Calculate total damages accurately
- Negotiate with insurance companies for a fair settlement
- Represent your interests in court if necessary
Having professional representation not only improves your chances of success but also allows you to focus on healing while your legal team handles the complexities of the case.
Taking the First Step Toward Justice
If you suspect that medical negligence caused your loved one’s death, do not delay seeking legal advice.
Time is a crucial factor — both for preserving evidence and meeting filing deadlines.
Searching for a Wrongful Death Lawyer near me can help you find local attorneys familiar with Atlanta’s courts and Georgia’s specific legal requirements.
They can assess your case, explain your rights, and guide you toward justice and closure.
Conclusion
Yes, medical malpractice can absolutely be considered a wrongful death in Atlanta when a healthcare provider’s negligence leads to a patient’s death.
While the law provides a path to compensation, navigating that path requires skill, evidence, and an understanding of both wrongful death and medical malpractice laws.
Families facing such heartbreak deserve compassionate yet aggressive legal support.
Whether you consult a Wrongful Death Lawyer in Atlanta or a Medical Malpractice Lawyer in Duluth, the goal remains the same — to hold negligent parties accountable and secure justice for the loved one you lost. Finch McCranie LLP
💼 For over 50 years has been practicing wrongful death law, representing clients throughout the Southeast. We have a long history of success in taking cases to trial and receiving favorable verdicts. Our firm has also earned the highest rating (“AV”) from Martindale-Hubbell, which rates law firms throughout the United States.
Contact Finch McCranie LLP Today
FAQs
Can medical malpractice be considered a wrongful death in Atlanta?
Yes. In Atlanta, if a healthcare provider’s negligence or error causes a patient’s death, it can be legally classified as wrongful death. This allows surviving family members to pursue compensation through a Wrongful Death Lawyer for the loss of their loved one due to medical malpractice.
What is the difference between medical malpractice and wrongful death?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of medical care, resulting in injury or death. Wrongful death, on the other hand, is a legal claim filed by surviving family members when that malpractice leads to death. Essentially, medical malpractice can be the cause, while wrongful death is the legal claim that follows.
Who can file a wrongful death lawsuit in Georgia after medical malpractice?
In Georgia, the surviving spouse typically has the right to file a wrongful death lawsuit. If there is no spouse, the right passes to the children, then to the parents, and finally to the estate representative. A Wrongful Death Lawyer can help determine who is legally eligible to file the claim and guide them through the process.