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 — there is no cap on most economic or non-economic damages.
- 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 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.
Frequently Asked Questions
Should I accept the insurance company’s first offer?
Almost never. First offers reliably underestimate medical-treatment trajectories, lost-income totals, and the value of pain and suffering. Settling before the full scope of injury is documented permanently waives those claims. According to the State Bar of Georgia, consulting an attorney before signing any release is the standard protective step.
How long do I have to file a personal-injury claim in Georgia?
Two years from the date of injury under O.C.G.A. § 9-3-33. For minors, the statute is tolled until they reach 18 — they then have until age 20 to file. Claims against governmental entities may carry shorter ante litem notice deadlines, sometimes as short as six months under O.C.G.A. § 36-33-5.
What damages can I recover?
Past and future medical expenses, lost income and future earning capacity, property damage, pain and suffering, mental anguish, and (in catastrophic or fatal cases) loss of enjoyment of life or wrongful-death damages. Georgia does not cap most economic or non-economic damages.
How does modified comparative negligence work in Georgia?
Under O.C.G.A. § 51-12-33, you can recover damages if you are less than 50% at fault; your recovery is reduced by your share of fault. At 50% or higher, you recover nothing. Insurance adjusters work to push your percentage above the bar.