Is my doctor personally liable separately from the hospital that employs them?
A physician and the hospital can both be on the hook for the same injury under Georgia law, and they are not the same defendant. A doctor who breaches the...
Author: RC SDC
Who is liable for an anesthesia mistake
Responsibility for an anesthesia error in Georgia can land on more than one person or entity, depending on who delivered the care and how each provider was affiliated with the...
How do state licensing violations help prove neglect in a Georgia facility?
State licensing violations are valuable evidence in a neglect case because they document, through a neutral regulator, that a facility fell short of required standards. They rarely decide a case...
Does a surviving spouse’s remarriage reduce the Georgia wrongful death recovery?
Marrying again after a husband or wife dies does not cut down a Georgia wrongful death recovery. The right to pursue the claim and the amount the law allows are...
Does an arbitration agreement signed by a relative bind the Georgia resident?
A relative's signature does not automatically bind the resident to arbitration in Georgia. The key question is whether the family member had legal authority to act for the resident at...
Who can recover funeral and burial costs after a fatal accident in Georgia?
Funeral and burial expenses after a Georgia fatal accident are recovered by the estate's personal representative, not by the surviving family as part of the wrongful death award for the...
Can grandchildren receive part of a wrongful death award if their parent already died?
Yes. When a child of the deceased has already died, that child's own children can step into the share their parent would have received. Georgia uses a "per stirpes" rule...
Can I bring a claim against a nurse for a negligent care error?
Nurses are licensed professionals who owe their own duty of care, so a nurse whose error injures a patient can be the subject of a Georgia malpractice claim. In practice,...
Do I have to prove the maker was negligent to win a Georgia product defect case?
Not necessarily. Georgia recognizes a strict liability path against a product's manufacturer that does not require proof of negligence at all. The injured person focuses on the product's defective condition...
Does a separated but not divorced spouse still have standing to sue in Georgia?
Living apart does not strip a husband or wife of the right to bring a Georgia wrongful death claim. As long as the marriage was never legally ended, a separated...