When a loved one dies unexpectedly due to medical negligence, the emotional toll is immeasurable. Amidst the grief, families often grapple with questions about accountability and justice. When we entrust a hospital with the care of a loved one, we expect safe treatment by the best professionals operating at a high standard of care. But what happens when that trust is broken, and the result is fatal?
Wrongful death caused by medical negligence is a devastating reality for many families, and many of them question whether it’s possible to sue a hospital for wrongful death. If your loved one died as a result of a hospital’s mistakes or negligence, you may have grounds to file a wrongful death lawsuit and seek justice on their behalf.
Below, we’ll explore what wrongful death is, how hospitals may be held accountable, and what steps you can take if you believe your family has been affected.
Understanding Wrongful Death in Medical Settings
Wrongful death occurs when the negligent or intentional actions of another party cause a person’s death. In medical contexts, this typically involves a healthcare provider’s failure to meet the accepted standard of care, leading to fatal consequences. Hospitals and providers can be liable for various forms of negligence, including:
- Delayed or incorrect diagnoses
- Surgical errors
- Medication mistakes
- Inadequate patient monitoring
- Failure to use proper medical equipment
These lapses can stem from systemic issues within the hospital, such as understaffing, inadequate training, poor communication, or flawed protocols.
Legal Grounds for Suing a Hospital
Pursuing a wrongful death lawsuit against a hospital is a complex legal process that requires specific elements to be proven. These elements can create a successful claim and demonstrate how the hospital’s negligence led to a wrongful death. To pursue a wrongful death claim against a hospital, specific legal criteria must be met:
- Duty of Care: The hospital had a responsibility to provide a standard level of care to the patient. This “duty of care” means the hospital must ensure that all patients receive competent and appropriate medical treatment in line with established practices.
- Breach of Duty: The hospital failed to meet this standard through negligent actions or omissions.
- Causation: The breach directly caused the patient’s death. It is not enough to show that the hospital was negligent. You must also prove that this negligence directly caused or significantly contributed to the patient’s death.
- Damages: The death resulted in quantifiable losses, such as medical expenses, funeral costs, and loss of companionship. In Georgia, the law allows families to recover the “full value of the life” of the deceased, including both tangible and intangible losses.
Establishing these four elements is essential in holding a hospital accountable for wrongful death.
Case Study: Getahun v. Piedmont Eastside Hospital
In April of 2025, Bell Law Firm filed a case after hospital negligence resulted in the wrongful death of two-year-old Maya Getahun. In October 2024, Maya was taken to Piedmont Eastside Medical Center in Snellville, Georgia, after suffering an allergic reaction to fire ant bites. Despite clear signs of an allergic reaction, medical staff delayed administering epinephrine, a critical treatment, for over 20 minutes. When an emergency room physician attempted to intubate Maya, hospital staff were scattered around the emergency room, unable to find appropriately sized pediatric intubation equipment, which led to Maya’s preventable death.
Maya’s parents witnessed the entire traumatic event. They were able to build up the strength after the loss of their daughter to look for an experienced lawyer and file a wrongful death lawsuit against the hospital, highlighting the consequences of medical negligence and accountability.
Case Study: Storey v. Wellstar
In another heartbreaking case, 53-year-old Waymon Storey was taken to Wellstar Atlanta Medical Center after surviving a rollover car accident. Although his injuries were not life-threatening, he struggled to breathe due to chest trauma. The hospital staff failed to provide basic care, recognize signs of impending respiratory failure, and did not provide the indicated life-saving airway intervention. When Mr. Storey went into hypoxic cardiac arrest, the trauma team failed to intubate him or establish a surgical airway. Even worse, after his death, the hospital neglected to refrigerate his body for three days, resulting in decomposition.
Mr. Storey’s widow and his family recognized the signs of negligent treatment, leading to a filed wrongful death lawsuit against the treating providers and the now-closed Wellstar location.
What to Do If You Suspect Wrongful Death
If you believe a loved one died due to a hospital or healthcare provider’s negligence, it’s essential to speak with an experienced attorney. Bell Law Firm offers compassionate, expert guidance to families in their most vulnerable moments. Our team of experts can review medical records and consult with close, trusted experts to build a case, delivering the justice your family deserves.
Suing a hospital for wrongful death is not just about compensation. It’s about holding people accountable and hopefully preventing similar tragedies in the future.
If you’ve lost a loved one due to suspected medical negligence, contact Bell Law Firm today for a free consultation. To learn more about wrongful death, please visit this page for more information.