Medical Malpractice Death Lawyer in Decatur

Looking For Medical Malpractice Wrongful Deaths in Georgia?

Medical malpractice is one of the most devastating and complex areas of wrongful death law. While we trust healthcare providers to offer competent and lifesaving care, medical errors are now recognized as the third leading cause of death in the United States, surpassed only by heart disease and cancer. Research suggests that over 250,000 Americans die each year due to medical mistakes, a shocking statistic that highlights the extent of negligence in hospitals, clinics, and other healthcare settings.

At Wrongful Death Krause Law Firm, our law firm founder, Roger Krause, understands how excruciating and confusing it is to lose a loved one due to medical malpractice in Georgia. Families often have questions about what went wrong, whether the death could have been prevented, and if legal action is appropriate. However, not every poor medical outcome is the result of malpractice. We help families separate valid claims from unavoidable medical complications, so they understand their legal rights and options.

Our Decatur wrongful death lawyer thoroughly investigates medical records, expert opinions, and hospital policies to focus on holding negligent healthcare providers accountable while helping grieving families secure the justice and financial compensation they deserve.

If you believe that negligence led to the wrongful death of your loved one, we are here to help. Let us assess your case, guide you through the legal process, and fight for the accountability your family deserves. Contact us today for a free consultation.

What is Medical Malpractice?

Medical malpractice is the failure of a medical provider to perform within a reasonable degree of care and skill.

There are many ways that malpractice can occur, ranging from failure to diagnose or take action to taking the wrong action. It can also include the improper administration of medication or pharmacy mistakes. It can even include failing to properly supervise a patient, resulting in the patient falling or sustaining injury.

The medical provider may be a doctor (“MD”), a Doctor of Osteopathic Medicine (“D.O.”), a dentist (“DDS”), CNM (Certified Nurse Midwife), Physician’s Assistant (PA), Nurse Practitioner (“NP”), or even a nurse (“RN”), or any other licensed practicing care provider. Likewise, hospitals and nursing facilities may also be liable for malpractice.

There are several specialized challenges in medical malpractice actions.

Here are some things to consider:

• We Must Prove the Existence of a Duty

One of the other critical elements of a medical malpractice action is the question of the existence of a physician-patient relationship. As stated differently, the medical provider must have a specific obligation to the injured party to take action. This is particularly important when a resident or a doctor in training commits malpractice, and a patient has had limited or no contact with the supervising physician. In other words, if a nurse or doctor not assigned to a patient injures the patient, the plaintiff must establish the liability against each responsible party.

• Not All Bad Outcomes Are Malpractice

Not all bad outcomes are malpractice. Depending on the circumstances, it can be challenging to determine if malpractice occurred. In any injury case, a plaintiff (the injured party) must show that the medical provider’s wrongdoing caused the injury.

The attorneys at Wrongful Death Krause Law Firm have been involved in injury cases for many years and have developed a strong understanding of medicine. One of our attorneys, Roger Krause, has specialized training in neuroscience and physiology, having earned a master’s in psychology from Columbia University. Moreover, Wrongful Death Krause Law Firm has an extensive network of physicians and nurses that we use to assist in evaluating cases.

• Special Requirement: The Need to Obtain An Expert Affidavit

To initiate a medical malpractice action, one must have an expert affidavit. This is required by law. (O.C.G.A. § 9-11-9.1). The affidavit has to expressly state that the doctor or medical professional committed medical malpractice by providing medical care below the standard. The person who signs the affidavit must be in the precise profession and subspecialty as the defendant. In other words, if an orthopedic physician is the defendant, only one can draft the affidavit. Also, the signer of the affidavit must have been in practice for three of the past five years.

There is significant expense to filing a medical malpractice suit, and it takes time to prepare the case for filing. Doctors charge between $300 and $800 per hour to review these cases. Doctors practicing within the state often are unwilling to testify against fellow doctors, thus requiring experts to travel from neighboring states. When you add all the expenses, the cost of bringing a medical malpractice case is significantly higher than a typical injury case.

• Special Problems With the Statue of Limitation

Medical malpractice cases also pose unique problems regarding the statute of limitations, or the requirement when a lawsuit must be filed. The general rule for medical malpractice is that the claim must be brought within two years of the wrongful act. (O.C.G.A. § 9-3-7).

However, there are special exceptions. For example, if the injury is to a child under five, the general rule is that the child has until seven to bring such a suit. (O.C.G.A. § 9-3-73(b)). Likewise, the statute of limitations can be extended when a foreign object is found in a patient’s body. The patient has a one-year “discovery rule” to bring suit in such circumstances. (O.C.G.A. § 9-3-72). There are even some case laws that suggest that the statute of limitations can be tolled as a result of fraud in changing or altering medical records.

See our PDF for more details.

Examples of Medical Malpractice Leading to Wrongful Deaths

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, leading to preventable harm or fatal consequences for a patient. These errors can happen at any stage of medical treatment, from diagnosis and surgery to medication administration and post-care monitoring. While every patient faces some risk in medical settings, negligence goes beyond an unfortunate outcome—it involves a breach of professional duty that directly contributes to injury or death.

Notable examples include:

• Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving instruments inside a patient, can lead to severe complications or fatalities. ​
• Misdiagnosis or Delayed Diagnosis: Failure to correctly or promptly diagnose a condition can prevent timely treatment, exacerbating illnesses and potentially leading to death. ​
• Medication Errors: Administering incorrect medications or dosages can cause adverse reactions, some of which may be fatal. ​
• Birth Injuries: Negligence during childbirth, such as improper use of delivery tools or failure to monitor fetal distress, can result in the death of the newborn or mother.​
• Anesthesia Mistakes: Errors in administering anesthesia, including incorrect dosages or failure to monitor vital signs, can lead to brain damage or death.​

These examples highlight the critical importance of adhering to established medical standards to prevent tragic outcomes. Families affected by such negligence in Georgia have legal avenues to seek justice and hold responsible parties accountable.

Who Can File a Wrongful Death Claim After Medical Malpractice in Georgia?

When a loved one dies due to medical malpractice, Georgia law allows certain surviving family members to file a wrongful death claim to seek justice and financial compensation. However, only specific individuals have legal standing to bring a claim.

The state follows a priority-based system, ensuring that the closest relatives have the first right to take legal action, including:

• The Surviving Spouse

The spouse of the deceased has the primary right to file a wrongful death claim. If the couple had minor children, the surviving spouse must also represent the children’s interests in the lawsuit. However, the spouse is entitled to at least one-third of any financial recovery, regardless of how many children are involved.

• The Deceased’s Children

If there is no surviving spouse, the children of the deceased have the legal right to file a wrongful death claim. Adults and minors can pursue legal action, seeking compensation for losing their parent’s guidance, support, and companionship.

• The Parents of the Deceased

If the deceased had no spouse or children, the parents of the victim may file a wrongful death lawsuit. This commonly applies in cases where a young adult, teenager, or child has died due to medical malpractice.

• The Personal Representative of the Estate

If the deceased had no surviving spouse, children, or parents, the wrongful death claim can be filed by the deceased’s estate’s personal representative (executor). In this case, any damages awarded would be held to benefit the deceased’s next of kin, ensuring that financial recovery is distributed appropriately.

A successful wrongful death lawsuit can provide compensation for:

• Medical expenses incurred before the victim’s passing.
• Funeral and burial costs.
• Loss of income and financial support the deceased would have provided.
• The full value of the deceased’s life, including lost companionship and experiences.
• Pain and suffering endured by the victim due to medical negligence.

Navigating a wrongful death claim after medical malpractice can be overwhelming and emotionally exhausting, especially while grieving the loss of a loved one. At Wrongful Death Krause Law Firm, we are committed to helping families in Georgia seek justice, holding negligent healthcare providers accountable, and securing the financial recovery they deserve.

If you believe that a doctor, nurse, hospital, or other medical provider’s negligence led to your loved one’s wrongful death, we are here to help.

Contact Our Skilled Medical Malpractice Wrongful Death Attorney in Decatur, Georgia

Losing a loved one due to medical negligence is a devastating experience, leaving families with grief, unanswered questions, and a need for justice. At Wrongful Death Krause Law Firm, we understand the emotional and legal complexities of medical malpractice wrongful death cases. Our firm is committed to holding negligent healthcare providers accountable, ensuring families receive the answers, advocacy, and compensation they deserve.

If you suspect that medical malpractice played a role in your loved one’s passing, it is critical to act quickly. Georgia law limits the time you have to file a claim, and medical malpractice cases require extensive investigation, expert testimony, and legal strategy to be successful.

We are here to help you navigate this challenging process confidently and clearly. With a proven track record of results, a client-focused approach, and extensive experience in medical malpractice cases, we provide the strategic advocacy, legal knowledge, and dedicated representation families need to pursue justice. Don’t wait—contact our Dekalb County wrongful death attorneys today for a free consultation. Let us stand by your side, protect your rights, and fight for the justice your loved one deserves.

Related Links

• Medical Malpractice and What You Should Know About Your Rights
• What Mistakes Count As Medical Malpractice?