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Family Awarded $1.5 Million in Medical Malpractice Wrongful Death Case

by on April 25, 2013

The Atlanta Wrongful Death Attorneys at Krause and Witcher, LLC have written before about the draconian “tort reform” laws enacted by the Georgia legislature in recent years.


Most Georgia citizens have no idea what their elected politicians have done to deprive them of their right to be made whole if injured or killed as a result of a doctor’s negligence. A recent case demonstrates what could happen in Georgia:


The Denton Record-Chronicle reports that a Denton County Texas jury has ordered a hospital, a doctor and a physician’s assistant to pay $3.5 million to the family of a woman who died of mis-diagnosed cancer. According to the article, the victim was 33 years old when she noticed a small bump on the right side on the crown of her head. She visited the doctor who told her that the bump was a sebaceous cyst, a non-malignant lesion.


A week later, the doctor’s PA removed the cyst and discarded it instead of sending it to a lab for testing. A year later it returned and the woman went to a different doctor. Fearing that it was a malignant sarcoma, the second doctor removed it and sent it off for testing. The test confirmed the suspected diagnosis and the woman died within a year.


The caps Texas has on awards in medical cases reduce the size of the award to $1.5 million. Given the fact that the married victim lost her life and left a husband, a two-year old and a nine-month old child behind, the $1.5 million her family will receive is pitifully small, and under Georgia law they would receive even less. Georgia law limits non-economic damages in a medical malpractice wrongful death case to $250,000.


Losing a loved one, especially as a result of a medical providers failure to properly and timely diagnose cancer, i.e. medical malpractice, is very difficult. The Atlanta Wrongful Death Attorneys at Krause and Witcher, LLC have years of experience pursuing wrongful death lawsuits and have helped many families all over Georgia, especially here in Atlanta.

If you have lost a loved one and feel you have a wrongful death claim, call our experienced attorneys at (404) 835-8080 for a FREE consultation. You can also drop by our office at 1447 Peachtree Street, Ste 414 Atlanta, GA 30309.

Our team of experienced attorneys is prepared to fight for you.–The K & W Legal Team

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