Who can file a medical malpractice wrongful death claim?

Under Georgia law, a spouse of the deceased may bring a wrongful death claim, and may represent minor children that he or she had with the deceased. If, however, the deceased leaves behind no spouse or children, then the surviving parents or the personal representative of the deceased’s estate can bring a wrongful death claim.

If the personal representative of the estate files the claim, the estate retains any damages recovered; they are held for the next of kin of the deceased.

Call Jason Schultz if You Lost a Loved One to Medical Malpractice

Speak to a medical malpractice attorney at the Law Office of Jason R. Schultz to begin the process of filing a wrongful death claim. We put together a wrongful death claim checklist to help you gather pertinent information you’ll need, and we’ll help you throughout the legal process.

Call 404-474-0804 to schedule an appointment with attorney Jason Schultz if you’re in the Atlanta area. You can also fill out our online contact form and schedule a free initial consultation.

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