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What is the Difference between Medical Malpractice and Wrongful Death?

Medical malpractice means that a health care provider has failed to use a reasonable degree of care and skill, causing a patient to suffer an injury. It can be the result of a heath care provider's actions, or by the provider's failure to take the medically appropriate actions. Some examples of medical malpractice includeâ€

• Misdiagnosis or failure to diagnose
• Failure to properly treat
• Unreasonable delay in treatment

In Georgia, the statutes of limitations for medical malpractice claims are:

• One year from the date of discovery of a foreign object left in a person's body
• Two years from the date that any other injurious act occurred

While the two-year limit may be extended if the plaintiff was not reasonably able to be aware of the injury right away, five years from the date of actual injury is the absolute limit under Georgia law.

Learn the answer from an Atlanta wrongful death law firm

Wrongful death refers to a loss of life caused by someone else’s careless or deliberate negligence.  If a patient dies through a doctor's incompetence, wrongful death may be difficult to establish.  The key to a medical wrongful death lawsuit is to verify the medical professional's carelessness or deliberate act occurred.  Examples include patient deaths due to a heath care providerâ€

• Failing to follow established safety protocols
• Performing procedures without required training or supervision
• Caring for patients while under the influence
• Putting personal interests ahead of known patient requirements

In Georgia, there is a strict two-year statute of limitations on wrongful death claims.  If you believe that your loved one has died as a result of medical negligence, you need to speak with a wrongful death law firm in Tucker or Atlanta.

Wrongful death is not limited to medical injuries.

Although many wrongful death claims are related to medical negligence, they may also be a consequence of other areas of personal injury.  For example, the family of a pedestrian who is killed by a drunk driver could file a lawsuit for wrongful death against the driver.  In a Georgia wrongful death suit, a bereaved family may receive a greater damage award than the deceased would have received in a personal injury claim had he lived.  Medical malpractice and other personal injury verdicts provide for compensation including medical bills, lost wages, and lost earning capacity.  However, in a wrongful death claim the family can recover "the full value of the life" of their deceased loved one, which is typically a much broader award.  An Atlanta or Tucker wrongful death law firm can give you more details.  Get more information from Henry, Spiegel and Milling, a wrongful death law firm in Atlanta.