Legal Question in Medical Malpractice in Georgia

First, you don't tell us how you may have standing to sue for damages to your ex-husband. Are you the executor of the estate, and suing on behalf of the estate? Second, you don't tell us how the cause of death (assuming that is correct) arose from negligence or medical malpractice. That comes from the opinion of a medical expert - not lawyers on an internet forum. You will need to see a medical malpractice lawyer (one that primarily handles med mal cases - not one who does a volume of car wrecks, slip & falls, real estate, etc.) to see whether you (or someone else) has a valid claim.

A claim for wrongful death would belong to your ex-husband's current wife. If he was not married at the time of his death, then his children would have such claim. If he had no living children, the claim for wrongful death would belong to his parents. If his parents are both deceased, the administrator/executor of his estate could bring a claim for wrongful death.

In order for a claim for wrongful death arising out of medical malpractice to be brought in the State of Georgia, a qualified expert must review all of the records and be willing to sign an affidavit that the caregiver(s) were negligent.

A claim for wrongful death must be brought within two years of the date of death.

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