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Can You File a Wrongful Death Lawsuit Against a Hospital?

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 from 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 can be negligent for deaths that occur including medical malpractice to product liability and premises liability.

Hospital Employees Versus Independent Contractors

When a healthcare provider makes an error that causes a patient’s death, the hospital is only responsible if they are the hospital’s employee.

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

When you file a wrongful death lawsuit against a hospital, there are limits in the Georgia statute of limitations. Under Georgia law, you must file wrongful death lawsuits within two years of the patient’s death. If you fail to do so, the lawsuit will be time-barred.

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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