Home / Personal Injury Blog / Can You Sue a Hospital for Wrongful Death?

Can You Sue a Hospital for Wrongful Death?

Hospitals are meant to be places of healing, but sometimes a tragic mistake leads to the loss of a loved one. When this happens, families often want to know if they can sue a hospital for wrongful death and hold the hospital accountable. 

In Georgia, you can sue a hospital for wrongful death if negligence played a role in the person’s death. These claims are civil, not criminal, and focus on getting financial relief for surviving loved ones. Continue reading to learn more.

How Hospital Negligence Can Lead to Wrongful Death

Hospitals can be held responsible for a death if their negligence directly caused it. This includes mistakes by hospital staff or systemic failures that affect patient safety.

A hospital might be liable for:

• Medical errors: These can include surgical mistakes, incorrect diagnoses, or giving the wrong medication.
• Inadequate supervision: Failure to monitor patients or respond to emergencies can lead to fatal outcomes.
• Understaffing or poor training: The hospital could be responsible if it didn’t have enough staff or failed to train workers properly.
• Failure to follow protocols: Ignoring basic safety rules or sanitation procedures can contribute to patient death.
• Delayed care or miscommunication: These failures may prevent patients from getting the urgent help they need.

These problems might involve just one careless provider or reflect deeper issues within the hospital’s management.

Can You Sue the Hospital Instead of the Doctor?

Yes. In Georgia, you may be able to sue the hospital even if the doctor made the error. It depends on whether the doctor was an employee of the hospital or an independent contractor.

Hospitals are usually responsible for the actions of their employees, including nurses, staff doctors, and technicians. If a staff member makes a mistake that causes someone’s death, the hospital can be named in a wrongful death lawsuit. On the other hand, if the hospital does not employ the doctor, your attorney may need to sue that doctor directly.

Who Can File a Wrongful Death Lawsuit in Georgia?

Georgia law limits who can file a wrongful death claim. 

Usually, the right to sue follows this order:

• The surviving spouse
• If there’s no spouse, the children of the deceased
• If there are no children, the parents
• If none of the above apply, the personal representative of the estate

These rules are laid out under Georgia Code § 51-4-2. The purpose of the lawsuit is to recover the “full value of the life” of the person who died.

What Damages Can You Recover in a Hospital Wrongful Death Case?

A wrongful death lawsuit can lead to different types of damages. These usually include:

• Medical bills: Any care the hospital provided before the person passed away.
• Funeral and burial costs: Reasonable costs for final arrangements.
• Loss of financial support: If the deceased provided income or benefits to their family.
• Loss of companionship or services: Support the person would have given if they were still alive.
• Pain and suffering: In some cases, damages for the pain the person endured before death may be included in a separate estate claim.

These damages are meant to reflect the death’s impact on the surviving family, both financially and emotionally.

How Long Do You Have to Sue a Hospital for Wrongful Death in Georgia?

Under Georgia Code § 9-3-33, the statute of limitations for a wrongful death lawsuit is generally two years from the date of death. However, some exceptions might pause or extend this deadline. For example, if there’s a criminal investigation tied to the death, the time limit might be paused.

Failing to file within the deadline can result in the case being dismissed, so it’s important to act quickly.

Contact the Augusta Wrongful Death Lawyers at Nicholson Revell Personal Injury Attorneys for Help Today

If a hospital’s negligence caused your loved one’s death, Georgia law gives you the right to pursue a wrongful death lawsuit. These cases are complex and fact-specific, but they provide a way for families to hold institutions accountable and recover needed compensation.

If your loved one died due to someone else’s negligence, Nicholson Revell Personal Injury Attorneys is here to help. Contact us today for a free consultation with an Augusta wrongful death attorney. 

We proudly serve Augusta, GA, and its surrounding areas:

Nicholson Revell Personal Injury Attorneys
4137 Columbia Rd, Augusta, GA 30907
(706) 722-8784