What Is a Wrongful Death Case?

Lost a loved one due to medical malpractice in Georgia or South Carolina? Our wrongful death attorneys pursue claims against negligent doctors, surgeons, hospitals, and healthcare providers.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Medical Malpractice Wrongful Death Claims in Georgia & South Carolina

When a patient dies due to medical negligence, the family faces not only devastating grief but also the complexity of pursuing a wrongful death claim against healthcare providers and institutions. According to research published by Johns Hopkins University, medical errors are the third leading cause of death in the United States, claiming an estimated 250,000 lives annually. These preventable deaths include fatalities from surgical errors, misdiagnosis, medication mistakes, hospital-acquired infections, and failures of communication among medical teams.

At Roden Law, our medical malpractice wrongful death lawyers represent families across Georgia and South Carolina who have lost loved ones to preventable medical errors. These cases require both medical and legal expertise, and our attorneys work with board-certified medical experts to build compelling cases for accountability and compensation.

Georgia Wrongful Death and Medical Malpractice Requirements

Medical malpractice wrongful death claims in Georgia must comply with two overlapping legal frameworks: the wrongful death statute (O.C.G.A. § 51-4-1 et seq.) and the medical malpractice statute requiring an expert affidavit (O.C.G.A. § 9-11-9.1). The expert affidavit must be filed simultaneously with the complaint and must identify at least one act of negligence committed by each defendant healthcare provider.

Georgia’s statute of repose (O.C.G.A. § 9-3-71) imposes a 5-year outer deadline for medical malpractice claims, running from the date of the negligent act regardless of when the death occurred.

South Carolina Medical Malpractice Death Requirements

South Carolina’s wrongful death statute (S.C. Code § 15-51-10 et seq.) works in conjunction with the medical malpractice pre-suit requirements of S.C. Code § 15-79-125, which requires a Notice of Intent to File Suit accompanied by an expert opinion before a medical malpractice wrongful death lawsuit can proceed.

Common Causes of Medical Malpractice Deaths

Fatal medical errors include:

Each of these sub-types of medical malpractice requires specialized expert analysis to establish the standard of care, the deviation from that standard, and the causal connection to the patient’s death. Our medical malpractice lawyers have the experience and resources to pursue these complex claims.

Damages in Medical Malpractice Death Cases

Families may recover compensation through both the wrongful death claim and a separate survival action. Wrongful death damages include the full value of the deceased’s life (future earnings and contributions), loss of companionship and consortium, and the family’s mental anguish. The survival action covers the deceased’s pre-death pain and suffering, medical expenses incurred before death, and funeral and burial costs.

Contact Roden Law for a Medical Malpractice Death Case

Medical malpractice death cases have strict procedural requirements and deadlines. Georgia’s 2-year statute of limitations (O.C.G.A. § 9-3-33) and 5-year statute of repose, combined with the expert affidavit requirement, make early legal consultation essential. Contact Roden Law for a free, confidential consultation — there is no fee unless we recover compensation for your family.

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What to Do After a Fatal Accident

  1. Take care of your family first. Nothing below is more urgent than that. The steps that follow exist so that decisions made in the first weeks do not quietly cost you later.
  2. Do not let anything be repaired, scrapped, or thrown away. The vehicle, the equipment, the product, clothing, and personal effects are evidence. Insurers move quickly to total and dispose of vehicles — say no in writing until it has been examined.
  3. Request the official reports. The police or incident report, and the autopsy or medical examiner's report. Ask for the complete file, including photographs, rather than the summary page.
  4. Be careful with early insurance contact. An offer that arrives before anyone knows the full picture is not generosity. Do not give a recorded statement, sign a release, or cash a settlement check without advice.
  5. Find out who is legally entitled to bring the claim. It is not simply whoever was closest. Georgia gives the claim first to the surviving spouse, then children, then parents, then the estate (O.C.G.A. § 51-4-2). South Carolina requires the personal representative of the estate to bring it — which means opening an estate first. Getting this wrong wastes months.
  6. Keep the financial records. Pay records, benefits statements, and tax returns establish what the family lost. Funeral and medical bills belong in the file too.
  7. Speak with an attorney before the deadline runs. The clock generally runs from the date of death, and separate claims may belong to the estate and to the family. Roden Law offers free, no-obligation consultations.

Proving Your Medical Malpractice Death Case

To win a personal injury case involving a fatal accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Medical Malpractice Death Cases

Victims of a fatal accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Medical Malpractice Death Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law Medical Malpractice Death Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
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Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Medical Malpractice Death Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.