TL;DR
Determining whether a doctor’s mistake caused a death involves more than suspicion—it requires careful review of medical records, expert evaluation, and legal guidance. By following a clear, step-by-step process, grieving families can uncover the truth, hold negligent parties accountable, and seek justice through a medical malpractice or wrongful death claim.
Key Highlights
- Review and gather all medical records and documentation.
- Consult with medical experts to assess the standard of care.
- Identify deviations from accepted medical practices.
- Establish a direct link between the mistake and the death.
- Understand and apply legal criteria for medical negligence.
- Seek professional legal assistance to navigate the process.
Medical errors are a persistent and deadly problem in the American healthcare system. A landmark study by researchers at Johns Hopkins University estimates that over 250,000 people die each year in the United States due to preventable medical mistakes, ranking medical error as the third leading cause of death nationally. These errors can include misdiagnoses, surgical injuries, medication mix-ups, and failures in follow-up care. In many cases, the death of a patient is initially attributed to natural causes or complications, masking the fact that medical negligence may have played a significant role. For grieving families, this raises a painful but important question: Did a doctor’s mistake cause their loved one’s death?
In Georgia, answering that question requires a thorough, legally informed approach. Families must not only identify potential lapses in care but also meet specific legal standards to pursue justice. Under O.C.G.A. § 51-1-27, healthcare providers in Georgia are held to a professional standard of care, and breaching that duty in a way that causes harm can constitute malpractice. Further, O.C.G.A. § 9-11-9.1 mandates that a lawsuit for medical malpractice be supported by an expert affidavit stating that negligence occurred. This article will walk families through the step-by-step process of determining whether a doctor’s actions—or inactions—led to a wrongful death, and what legal options are available under Georgia law.
If you suspect that a doctor’s mistake may have caused the death of someone close to you, this step-by-step guide will help you understand how to begin investigating, what signs to look for, and what legal actions may be available.
Step 1: Recognize the Common Warning Signs of Medical Errors
Many families first become suspicious because something feels off. While not all negative outcomes are due to negligence, the following warning signs could suggest that a doctor’s error may have contributed to a death:
- The patient died during a routine or low-risk procedure.
- There were sudden, unexplained complications after treatment.
- Medical staff seemed evasive, defensive, or rushed in providing answers.
- A different provider mentions that “something wasn’t right.”
- There was a delay in diagnosis or treatment that led to deterioration.
These red flags warrant a closer look, especially if the patient had been in stable condition prior to the event.
Step 2: Understand What Constitutes Medical Malpractice
Not every mistake or negative outcome is legally actionable. To have a valid medical malpractice or wrongful death claim, the following elements must generally be proven:
1. Duty of Care
The doctor had a legal obligation to treat the patient according to the accepted standard of medical care.
2. Breach of Duty
The doctor deviated from the accepted standard. This might include misdiagnosis, surgical errors, medication mistakes, or failure to monitor the patient properly.
3. Causation
The doctor’s action—or inaction—directly caused or significantly contributed to the patient’s death.
4. Damages
The death led to specific damages, such as funeral expenses, lost income, and emotional trauma to surviving family members.
Only when all four of these elements are present can a malpractice-related wrongful death claim proceed successfully.
Step 3: Request and Review the Medical Records
You have the legal right, as a next of kin or personal representative of the estate, to request the deceased’s complete medical records from all providers involved.
These may include:
- Emergency room or hospital records
- Lab results and diagnostic imaging
- Nursing notes and medication charts
- Surgical reports or autopsy results
- Discharge summaries or physician notes
Tips:
- Submit a written request and keep a copy.
- Be specific about dates and types of records.
- Don’t alter or annotate the records yourself—give them to a qualified attorney or expert.
Medical records form the foundation of any claim and often reveal inconsistencies, omissions, or clear mistakes.
Step 4: Consult a Medical Malpractice Attorney
Medical malpractice and wrongful death claims are complex and time-sensitive. Consulting an wrongful death attorney experienced in both is essential.
What a Lawyer Will Do:
- Review the case for merit.
- Identify applicable state statutes, such as Georgia’s Wrongful Death Act (§ 51-4-1 et seq.).
- Preserve evidence and begin investigation before medical records disappear or memories fade.
- Connect you with independent medical experts who can testify.
Most attorneys offer a free consultation and work on a contingency fee basis, meaning they only get paid if they recover compensation for you.
Step 5: Have a Medical Expert Review the Case
Under laws in many states, including Georgia, a malpractice or wrongful death case typically requires a medical expert affidavit. This is a written statement from a doctor in the same field affirming that the care fell below the standard and caused the patient’s death.
Common Expert Roles:
- Cardiologists (for heart cases)
- Oncologists (cancer-related errors)
- ER physicians
- Radiologists
- Pathologists (to review autopsy findings)
These experts look for:
- Failure to diagnose or delayed diagnosis
- Surgical or anesthesia mistakes
- Incorrect medications or dosages
- Poor post-operative care
If no competent expert supports the case, it likely will not move forward in court.
Step 6: Identify Whether Negligence or an Accident Occurred
There’s a legal and practical difference between a known medical risk and actual negligence.
| Medical Risk | Medical Negligence |
| Complication from a known side effect | Doctor failed to read test results |
| Surgical risk disclosed in consent | Surgeon operated on the wrong site |
| Allergic reaction that couldn’t be predicted | Wrong medication administered |
Conclusion
Realizing that a medical error may have contributed to your loved one’s death is both emotionally devastating and legally complex. However, you don’t have to face it alone. By identifying red flags in care, preserving crucial medical records, and consulting with qualified legal and medical experts, you take the first steps toward uncovering the truth. These efforts not only help hold negligent providers accountable but also bring clarity and justice to an otherwise uncertain situation.
Whether you’re considering filing a wrongful death claim or simply seeking peace of mind, understanding your legal options empowers you to protect your family’s future and honor your loved one’s legacy. Contact us today for a free consultation. Our experienced Georgia wrongful death attorneys are here to help you evaluate your case, explain your rights under the law, and move forward with confidence and compassion.