When medical malpractice results in a patient’s death, the legal framework for pursuing a claim shifts from the general malpractice structure to the Georgia wrongful death statute. The wrongful death cause of action, codified at O.C.G.A. § 51-4-2, is a statutory creation, not a common law right. It exists because the General Assembly enacted legislation granting surviving family members the ability to recover for the loss of a life that was caused by another’s negligence, recklessness, or intentional conduct. This statutory origin distinguishes wrongful death claims from medical malpractice injury claims in ways that affect standing, the measure of damages, and the distribution of any recovery. General injury-based damages for surviving patients are a distinct subject addressed elsewhere.
Who May Bring a Wrongful Death Action
Georgia law establishes a defined hierarchy of individuals who possess standing to file a wrongful death action. This hierarchy is not discretionary. The right to bring the claim belongs to the first tier of surviving family members who exist within the statutory order, and it does not pass to a lower tier so long as a qualifying individual exists at a higher tier.
The surviving spouse holds the primary right to bring the wrongful death action. When the decedent was married at the time of death, the spouse is the party with standing to file the claim. If the decedent also has surviving children, the spouse files on behalf of both the spouse and the children. The statute guarantees that the surviving spouse will receive no less than one-third of the total recovery, regardless of how many children survive.
If there is no surviving spouse, the right to bring the action passes to the decedent’s surviving children. All children share equally in the recovery. This includes both minor and adult children. If a child of the decedent has predeceased the decedent, that child’s descendants may hold a place in the standing analysis depending on the circumstances.
If the decedent left no surviving spouse and no surviving children, the right to file passes to the decedent’s surviving parent or parents. When both parents survive, they share the right to bring the action. When only one parent survives, that parent holds the right exclusively.
If none of the above categories produces a qualifying individual, the personal representative of the decedent’s estate may bring the action on behalf of the next of kin. This representative is typically named in the decedent’s will or appointed by the probate court. In this scenario, the representative pursues the claim in a fiduciary capacity, and any recovery is distributed according to the estate plan or, if no will exists, Georgia’s intestate succession laws.
Wrongful Death Damages Framework
Georgia wrongful death law recognizes a specific measure of damages that is conceptually distinct from the damages available in a malpractice claim brought by a surviving patient. The statutory measure is the “full value of the life of the decedent, as shown by the evidence,” a formulation established in O.C.G.A. §§ 51-4-1 and 51-4-2.
This “full value of the life” measure encompasses both economic and noneconomic components. The economic component includes the decedent’s lost earning capacity, the value of benefits and services the decedent would have provided to the family, and the financial contributions the decedent would have made over a natural lifetime. The noneconomic component addresses the intangible dimensions of the lost life: the loss of companionship, guidance, care, counsel, and the broader relational value that the decedent’s continued existence would have provided to the surviving family members.
Separate from the wrongful death claim itself, the personal representative of the decedent’s estate may pursue an estate claim (sometimes called a survival action) to recover for losses the decedent sustained between the time of injury and death. These estate-related damages can include the decedent’s medical expenses incurred during the final illness or injury, funeral and burial expenses, and pain and suffering endured by the decedent before death. The wrongful death claim and the estate claim serve different functions, cover different categories of loss, and may be brought by different parties, though they are frequently filed together.
Consider a scenario where a patient dies as a result of care that is alleged to constitute medical malpractice. The patient is survived by a spouse and two minor children, but no surviving parents. Under the statutory hierarchy, the surviving spouse holds the standing to bring the wrongful death action on behalf of the family. The spouse files the claim, representing both the spouse’s own interest and the interests of the two minor children. Any recovery for the full value of the decedent’s life would be shared between the spouse and children, with the spouse guaranteed no less than one-third of the total amount.
Verify current status of all statutes, rules, and judicial holdings at time of publication; legislative or judicial changes may have occurred.
Disclaimer
This content is produced exclusively for general informational and educational purposes. It does not constitute legal advice, does not create an attorney-client relationship, and should not be relied upon as a substitute for professional legal counsel tailored to specific facts and circumstances.
No reader should act or refrain from acting on the basis of this content without first seeking qualified legal advice from a licensed attorney admitted to practice in the relevant jurisdiction. Medical malpractice law involves complex, fact-intensive analysis that varies significantly depending on the specific clinical context, the parties involved, the applicable procedural rules, and the current state of statutory and case law at the time of the claim.
The statutes, rules, judicial holdings, and legal principles referenced in this content reflect the law as understood at the time of writing. Georgia law is subject to legislative amendment, judicial reinterpretation, and regulatory change at any time. Specific provisions discussed herein, including but not limited to damage cap rulings, tort reform legislation, statutes of limitation and repose, expert qualification standards, and procedural filing requirements, may have been modified, superseded, or reinterpreted after the date of publication. Readers must independently verify the current status of all legal authorities cited before relying on any information contained in this content.
This content does not cover every aspect of Georgia medical malpractice law. Certain topics have been intentionally excluded from the scope of this publication, and the inclusion or omission of any particular subject should not be interpreted as a statement about its legal significance or relevance to any specific case.
The examples and scenarios presented throughout this content are hypothetical illustrations designed to clarify legal concepts. They do not represent actual cases, real parties, or guaranteed legal outcomes. The outcome of any medical malpractice claim depends on the unique facts of that case and the professional judgment of the attorneys and experts involved.
Nothing in this content should be construed as an opinion regarding the merits of any potential or pending claim, as a prediction of any legal outcome, or as an endorsement of any particular litigation strategy.