Losing a loved one is a devastating experience, especially when their death could have been prevented. When medical malpractice is involved, the emotional pain becomes even more complicated, leaving families grappling with both grief and confusion. If you are facing this situation, it is natural to have many questions about what comes next. You may be wondering whether the laws around wrongful death are different when medical malpractice is involved. At The Gunnels Law Firm LLC, we understand how difficult and overwhelming this time can be. We want to offer guidance and support as you navigate these challenging circumstances.
Understanding wrongful death claims can already be a difficult journey, but when medical malpractice is involved, the legal complexities become even more pronounced. Medical malpractice, by definition, involves a healthcare provider’s failure to meet the standard of care that a reasonable professional would provide. This type of negligence can lead to significant harm, including death.
In this blog, we will discuss the differences that exist when wrongful death claims involve medical malpractice. We will explore the unique factors that make these cases more challenging and what you need to know to seek justice for your loved one.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional provides substandard care that directly results in injury or death. The standard of care refers to the level of care that is expected from a reasonably skilled and trained medical professional in a similar situation. Examples of medical malpractice can include things like misdiagnosis, surgical errors, prescription mistakes, and other forms of negligence that lead to harm.
When medical malpractice leads to the wrongful death of a patient, the family may have grounds for a wrongful death lawsuit. These cases differ from typical wrongful death cases, as they involve specific rules and procedures related to medical care and negligence. It is important to understand the legal process to ensure that you take the proper steps toward holding the responsible party accountable.
How Medical Malpractice Affects a Wrongful Death Claim
When a wrongful death case involves medical malpractice, the process becomes more complex due to the involvement of medical professionals and the intricacies of healthcare regulations. While both wrongful death claims and medical malpractice cases aim to provide justice and compensation for the victims, the rules surrounding medical malpractice cases can be more specific.
One of the main differences is that, in medical malpractice cases, you must prove that the healthcare provider’s actions directly led to the death of your loved one. This is not always easy because you will need to show that the provider’s actions or negligence deviated from the expected standard of care. In a typical wrongful death case, it may be easier to establish fault, but medical malpractice requires a more detailed investigation into the healthcare provider’s actions, qualifications, and the specific circumstances of the medical treatment.
I had the pleasure of working against Chris on a fairly complicated case. Chris was professional during the course of litigation, and undoubtedly maintained his clients’ interests as the primary focus throughout. Due to Chris’ efficiency and advocacy for his clients, we were able to resolve the case for a reasonable amount, without spending unnecessary time and expenses. I hope to have more cases with Chris in the future, and would have no hesitation recommending Chris to handle complex personal injury matters.”
- Paul T.
The Statute of Limitations for Medical Malpractice Claims
Another important difference between typical wrongful death claims and those involving medical malpractice is the statute of limitations. In Georgia, the statute of limitations for wrongful death claims is generally two years from the date of death. However, for medical malpractice claims, the statute of limitations is often shorter, typically two years from the date of the injury or when the injury should have reasonably been discovered.
This shorter time frame can complicate things for families who are grieving and may not immediately recognize that medical malpractice contributed to their loved one’s death. If you believe that medical malpractice was a factor in your loved one’s passing, it is essential to consult with an attorney as soon as possible to avoid missing any important deadlines. Failing to act within the statute of limitations can bar you from pursuing your case.
Establishing Causation in Medical Malpractice Cases
In medical malpractice cases, one of the most difficult elements to prove is causation. Causation means that you must show that the healthcare provider’s actions directly led to your loved one’s death. In other types of wrongful death cases, establishing causation might be simpler. For example, in car accidents, it’s usually clear that the driver’s actions caused the fatal crash.
However, in medical malpractice cases, proving causation often requires expert testimony to show that the healthcare provider’s negligence resulted in the death. This can be a challenging and expensive process, as medical malpractice cases often involve intricate details about medical procedures, standards, and protocols that require professional interpretation.
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The Role of Medical Experts in Medical Malpractice Wrongful Death Cases
Due to the complexities of medical care, medical malpractice cases typically require expert testimony to establish whether the provider’s actions were negligent and caused the death. In wrongful death cases involving medical malpractice, medical experts are crucial to provide a professional opinion about whether the healthcare provider’s actions deviated from the accepted standard of care.
These experts are usually other medical professionals who have experience in the same field of care that was provided. They can help establish that the healthcare provider made an error in judgment or failed to act in a way that could have saved your loved one’s life.
Having a medical expert who is familiar with the specific procedures and standards in question is one of the key differences between a wrongful death case involving medical malpractice and a more typical wrongful death claim. Without this expert testimony, it may be difficult to prove your case.
Damages in Medical Malpractice Wrongful Death Cases
Like other wrongful death cases, medical malpractice wrongful death claims seek to compensate the surviving family members for the loss of their loved one. However, the damages awarded in medical malpractice cases can be more complex, depending on the circumstances.
In Georgia, surviving family members can seek damages for things like funeral expenses, lost wages, loss of companionship, and emotional distress. Additionally, if the medical professional’s actions were particularly negligent or reckless, punitive damages may be awarded. These damages are meant to punish the responsible party and deter future negligent behavior.
It’s important to note that in medical malpractice wrongful death claims, there may be limitations on the amount of damages that can be awarded. Georgia law imposes a cap on certain types of damages in medical malpractice cases, which can impact the amount of compensation your family may receive.
How an Attorney Can Help You in These Cases
When you are dealing with a wrongful death claim involving medical malpractice, having the right legal representation is crucial. The complexities of these cases require a thorough understanding of medical procedures, standards of care, and the legal processes involved. An experienced attorney can help guide you through each step of the case, ensuring that your family’s rights are protected and that justice is served.
At The Gunnels Law Firm LLC, we understand how overwhelming it can be to deal with both the emotional and legal aspects of a wrongful death claim, particularly when medical malpractice is involved. We offer compassionate support and have the legal knowledge needed to help you navigate these difficult circumstances. Our goal is to help you get the best possible outcome and ensure that those responsible for your loved one’s death are held accountable.
If you believe that medical malpractice led to the wrongful death of your loved one, it’s important to act quickly. The statute of limitations can be short, and gathering evidence, including expert testimony, takes time. At The Gunnels Law Firm LLC, we are here to provide the legal support
you need during this difficult time. Our team is committed to helping you achieve a successful case result and obtain the justice you deserve. Reach out to us today for a consultation, and let us guide you through the process.