Losing someone you love is devastating. There’s no way around it, especially when another party’s actions are to blame. In Pennsylvania, families can pursue a wrongful death lawsuit when a person dies due to negligence or a preventable incident. These lawsuits hold the responsible party accountable for their actions, but can also help families recover the financial support they’ve lost.
A key component of proving these claims is having the right documentation. Among the most valuable evidence available in a wrongful death case are medical records. These records offer insight into the injuries, treatments, and events leading up to your loved one’s passing.
This blog article explains how medical records can support a Pennsylvania wrongful death lawsuit, what specific documents are helpful, and how to secure them.
Understanding Pennsylvania’s Wrongful Death Laws
Under 42 Pa. C.S. § 8301, Pennsylvania law allows the personal representative of the deceased’s estate to file a wrongful death claim. This legal action is designed to benefit the surviving spouse, children, or parents. It must typically be filed within two years from the date of death.
Compensation in these cases can include:
- Funeral and burial costs
- Medical expenses related to the injury
- Lost income or household contributions
- Emotional and financial support the deceased would have provided
- Pain and suffering, if there was a period of survival before death (42 Pa. C.S. § 8302)
Medical records play a central role in proving many of these losses.
Why Medical Records Are So Valuable in Wrongful Death Claims
Medical records are more than just paperwork—they are a timeline of care and a record of what happened medically between the injury and the loss. They can:
- Help establish that the death was directly tied to the incident
- Show how extensive the injuries were
- Reveal what treatment was provided and how the person responded
- Support any survival-related damages
If there’s a dispute over what caused the death, these records help clarify that link. Defense attorneys may suggest other health conditions contributed to the death. Clear, thorough medical documentation can help your attorney respond effectively.
Types of Medical Records That Help Your PA Wrongful Death Case
Different records serve different purposes, but together, they form a picture of the entire medical story. Some key examples include:
Emergency Room Notes
These documents reflect the patient’s condition immediately after the incident and the medical team’s initial assessment. They may include firsthand statements and diagnoses.
Hospital and Surgery Reports
These show the efforts made to stabilize or save your loved one, and can also reveal the seriousness of the injuries.
Nurse and Progress Reports
Daily notes from medical staff give insight into the patient’s comfort, responsiveness to treatment, and level of suffering.
Lab Work and Imaging
Bloodwork, CT scans, and other diagnostics can support conclusions about what caused complications or how the injury progressed.
Discharge Summary or Death Certificate
These often include official cause-of-death determinations, which may strengthen your claim by directly tying the death to the original incident.
Connecting Medical Records to Wrongful Death Claims
To build a successful wrongful death case, you’ll need to prove that someone else’s negligence caused the death and resulted in specific losses. Medical records help by:
- Providing facts that support cause-and-effect arguments
- Giving expert witnesses data they can interpret in court
- Helping quantify pain and suffering if the deceased survived for any period
- Supporting financial loss claims with information about how long the person was treated
In some cases, attorneys use these records to bring in medical professionals who can testify about the treatment, the injuries, or what more could have been done.
Accessing Medical Records in Pennsylvania
HIPAA laws protect medical privacy, even after a person’s death. This means only certain people—usually the estate’s legal representative or someone with written permission—can request these records.
A personal injury attorney can guide you through this process of accessing these important records, while complying with Pennsylvania and federal law. However, these actions are timely, so you must move quickly because some of these records may be purged after a period of time.
Call Brandon J. Broderick For Legal Help
Pursuing a wrongful death claim in Pennsylvania is emotionally difficult and legally demanding. You don’t have to go through it alone. At Brandon J. Broderick, Attorney at Law, we’re committed to helping families navigate this process with care and professionalism.
We work closely with medical experts, secure vital records, and build strong, compassionate cases that reflect the depth of your loss. If you’re unsure where to start—or need help understanding your rights—contact us for a free consultation. We’re here to listen, support, and fight for the justice your loved one deserves.