Key Takeaways
- Georgia personal-injury claims must be filed within two years of the date of injury under O.C.G.A. § 9-3-33; minors' claims are tolled until they reach majority.
- Georgia is a modified comparative negligence state (O.C.G.A. § 51-12-33) — you can recover if you are less than 50% at fault, with damages reduced by your share.
- According to the Centers for Disease Control and Prevention, unintentional injuries account for over 220,000 deaths annually in the U.S., with motor vehicle crashes among the leading causes.
- Damages in a Georgia personal-injury case include medical bills, lost income, future earning capacity, pain and suffering, and (in catastrophic cases) loss of enjoyment of life; claims against a city, county or the State are subject to statutory caps.
- Most Georgia personal-injury matters resolve through pre-suit negotiation or settlement; a Georgia personal injury lawyer can value the claim and negotiate from a position of evidence and statute knowledge. Free consultations via our contact page.
Patients suffer injuries from medical negligence too frequently in hospitals. In some cases, these injuries are so severe that they result in the patient’s death.
Can you sue a hospital for negligence?
When a patient dies as a result of medical malpractice, their family or loved ones can file a wrongful death lawsuit.
Can you file a wrongful death lawsuit against a hospital if the medical malpractice occurred there?
A hospital can be liable for a patient death that occurs due to medical negligence or medical malpractice. It can also be liable when a patient dies from a product defect or fatal injury due to hospital negligence.
When a Hospital May Be Responsible for Wrongful Death
There are many situations where a hospital can be liable for a patient death due to medical malpractice. Here are some examples of situations where a hospital may be responsible for a patient’s death:
- Medical error or medical mistake by a healthcare provider who is an employee of the hospital. This includes surgeons, physicians, nurses, or staff members;
- Hospital was negligent in its hiring or supervising practices of its employees;
- Hospital was negligent in maintaining medical equipment at the hospital;
- Hospital was negligent in maintaining patient medical records;
- Hospital failed to follow product recall notices for a defective medical product or device in use at the hospital; and/or
- Hospital failed to keep the hospital safe for patients and families and warn them about unsafe conditions. A hospital's liability for a death can therefore arise through medical malpractice, product liability, or premises liability.
Hospital Employees Versus Independent Contractors
When a healthcare provider makes an error that causes a patient's death, the hospital is generally responsible only where that provider is its employee. There are exceptions — a hospital can still be liable where it held a contractor out as its own staff, or where its own systems and supervision failed.
If you are unsure if the healthcare provider is an employee, contact a Georgia personal injury lawyer to learn more.
Statute of Limitations in a Georgia Wrongful Death Claim
A claim against a hospital is a medical malpractice action, and Georgia sets its deadlines separately from ordinary injury claims. Under O.C.G.A. § 9-3-71 a wrongful death action arising from malpractice must be filed within two years of the date of death.
The trap is the second deadline. § 9-3-71(b) also imposes a five-year statute of repose: no malpractice action may be brought more than five years after the negligent act itself, whatever the date of death and whether or not the harm had yet been discovered. A claim can therefore expire before anyone knows it exists — which is why suspected hospital negligence should be looked at early rather than after the fact. That absolute cut-off does not apply to ordinary injury claims under O.C.G.A. § 9-3-33.
Contact a Georgia Wrongful Death Attorney
If you have questions about wrongful death and medical malpractice at a hospital, contact a Georgia wrongful death lawyer right away.
Contact Georgia Auto Law for more information.
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