Steps to Take After a Medical Malpractice Wrongful Death in Georgia (2024)

Dealing with the fallout of a wrongful death can be devastating to your emotional and mental health. You may be feeling overwhelmed and angry at the world, and you may be looking for a way to hold someone accountable. When you add medical malpractice into the situation, it can feel even worse since you count on medical professionals to help your loved one. It is important to know the steps to take after a medical malpractice wrongful death in Georgia.

The Steps to Take After a Medical Malpractice Wrongful Death in Georgia

Medical malpractice cases can be difficult to prove and fight in court. You may have to prove a number of important factors, such as negligence and causation. Georgia state law indicates that anyone who professionally administers medicine must exercise a reasonable degree of care, and an injury that results from a lack of care can be settled legally.

An experienced medical malpractice lawyer can help you develop your case, and there are certain important steps you can take to start building that case. Those steps may include:

• Identifying Negligence: One of the first things you can do in your medical malpractice wrongful death case is to start establishing a pattern of negligent behavior from the responsible party. To establish negligence, you will have to identify the following:
• Duty of Care: You must prove that the defendant owed the deceased an agreed-upon duty of care as a doctor would a patient.
• Breach of Care: You and your lawyer will have to prove that the medical professional in question breached their duty of care through reckless or unethical behavior.
• Causal Connection: You will have to prove that the defendant’s actions directly caused the death of your loved one.
• Compensation: You will have to add up the total amount of emotional and physical damages you believe you are owed.
• Filing a Claim: Once you have identified the pattern of negligence, you must then file a claim as well as a letter of demand. The letter will be sent to the defendant’s insurance company and will detail the specifics of your case, including what you claim they did to your loved one and how much in damages you are seeking as a result of their actions.
• Build Your Case: You and your lawyer can now start developing your case by gathering evidence that supports medical malpractice. This evidence can include medical records, witness statements, video footage, police reports, photographs, and any other documentation that backs up your claim. Witness statements may be especially beneficial, particularly expert witnesses who can testify as to the medical accuracy of the defendant’s actions.
• Negotiations: There is a chance that your case may not actually make it to court. It may be negotiated during the settlement phase. Your lawyer will discuss the case with the defendant’s legal team and their insurance company to negotiate a settlement amount that you consider appropriate. This may take some time, depending on both parties’ willingness to compromise.The defendant may not want this case to go to trial in order to preserve their reputation and standing in the healthcare community. Your lawyer’s goal is to ensure that nobody takes advantage of you during this vulnerable time.
• Court: If negotiations fail, your lawyer will file suit and take your case to court. At that point, both sides will have the opportunity to plead their case, and the resolution will be decided by a jury or judge.

FAQs

Q: What Is the Compensation Amount for a Medical Malpractice Wrongful Death in Georgia?

A: The compensation amount for medical malpractice in Georgia will be determined by the specific situation. Every wrongful death case is different, with different circumstances and facts unique to each case. Sometimes, the settlement amount is substantial, and other times, it might be less than you expected. The compensation amount depends entirely on the nature of the case, the evidence supporting the medical malpractice, and your lawyer’s negotiation skills.

Q: Is It Hard to Win a Medical Malpractice Wrongful Death Lawsuit?

A: Yes, it can be hard to win a medical malpractice lawsuit. The higher the amount you are seeking in damages, the more difficult it can be to win the case. This is largely because the opposing counsel will be fighting much more vigorously to win. However, many different factors have to be taken into consideration when it comes to a medical malpractice lawsuit, such as the evidence that supports your claim and both parties’ willingness to reach a compromise.

Q: Who Has the Burden of Proof in a Medical Malpractice Case?

A: Under Georgia state law, the burden of proof for a wrongful death claim falls upon the plaintiff. Since they are the party claiming a wrongful death due to medical malpractice, they are the party that has to prove it in a court of law. A skilled wrongful death attorney can help you collect evidence and effectively present it to assert your claims.

Q: What Is the Difference Between Wrongful Death and Medical Malpractice?

A: The main difference between wrongful death and medical malpractice is that not every medical malpractice case results in a wrongful death. Likewise, not every wrongful death is the result of medical malpractice. However, the two can be connected when the medical malpractice is serious enough to cause a death. When a wrongful death case involves medical malpractice, it shows a serious breach of ethical behavior by a medical professional whose actions may have resulted in someone’s death.

Reach Out to a Medical Malpractice or Wrongful Death Lawyer

If you are in need of a medical malpractice or wrongful death lawyer, you are likely dealing with a very serious traumatic event in your life. You may feel like everything is crashing down around you, and you need someone’s help. Reach out to the legal team at Spohrer Dodd Trial Attorneys to see how we can help. We can assist you in building your case, gathering evidence, and representing your loved one’s interests. Contact us to schedule a consultation as soon as you can.