Proving Negligence Related to Surgeon Mistakes in a Wrongful Death Case

One of the factors that must be established in this type of case is that a surgeon’s mistake caused the patient to lose his/her life. A bad outcome in itself doesn’t necessarily mean a claim can be filed. But when it was preventable and it was caused by carelessness, then it may.

For instance, examples of negligence include if a patient is given a lethal overdose of anesthesia during the procedure or a surgeon accidentally cuts a vital organ while working on a different area of the body. In addition to plastic surgery errors, if a hospital’s conditions are unsanitary, which causes the patient to develop a fatal infection after surgery, it may also be considered negligent.

Not all cases will be clear-cut. But if there is a suspicion that the care received before, during or after the procedure was inadequate, it would be worthwhile to talk to a Georgia medical malpractice lawyer in Atlanta.

Finally, a family member would need to prove that because of the wrongful death, damages have been suffered.

Generally those who can receive wrongful death compensation include relatives such as:

  • spouses;
  • children; and
  • parents.

Damages in a Wrongful Death Claim Stemming from a Surgeon’s Mistakes

When damages are awarded, it is based on what is fair and just. This includes both economic and noneconomic damages. Those that are economic have a specific value. For instance, the medical expenses incurred stemming from the injury or illness that resulted in the loved one’s death. Reasonable costs for a funeral may also be addressed. Surviving family members who depended financially upon the deceased may also be entitled to damages that address lost earnings.

Noneconomic damages stem from the psychological impact of losing a loved one:

  • emotional distress;
  • pain and suffering;
  • grief; and
  • loss of companionship.

It should be noted that in the state of Georgia, noneconomic damage caps are listed as $350,000 in the state statutes, but the State Supreme Court declared the cap unconstitutional in 2010.

Get Legal Help: Consult a Georgia Medical Malpractice Lawyer in Atlanta

Jason Schultz in Georgia is a medical malpractice lawyer who can assist Atlanta families of patients who died while in a hospital to receive plastic surgery. Errors on behalf of the surgeons and medical professionals may be considered negligent and a lawyer can help establish it through proper evidence. 

Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.