When a loved one passes away due to suspected negligence in a Pennsylvania nursing home, the surviving family members have legal recourse through a wrongful death claim. Proving liability in these cases, however, requires strong evidence, thorough documentation, and an understanding of Pennsylvania’s wrongful death laws. If successful, a claim can provide financial compensation for medical fees, funeral expenses, and the loss of companionship.

This article explains the key elements required to establish a wrongful death claim against a nursing home in Pennsylvania, the types of evidence that strengthen a case, and the potential damages that may be recovered.

Understanding Wrongful Death in Pennsylvania

Under 42 Pa. Cons. Stat. § 8301, a wrongful death occurs when an individual dies due to another party’s negligence, unlawful violence, or neglect. In the context of a nursing home, this may include:

• Medical negligence (failure to provide adequate treatment, medication errors, or misdiagnoses).
• Neglect and abuse (malnutrition, dehydration, bedsores, or unsanitary conditions).
• Falls and physical injuries (improper supervision or failure to follow fall-prevention protocols).
• Failure to provide necessary care (delayed emergency responses, inadequate staffing, or lack of medical attention).

Only certain people are able to file a wrongful death claim in Pennsylvania. The law gives priority to the personal representative of the deceased’s estate, typically a surviving spouse, child, or parent. If no representative is appointed within six months, any eligible family member can pursue the claim.

Establishing Liability in a Wrongful Death Case

To succeed in a wrongful death lawsuit against a Pennsylvania nursing home, the plaintiff must establish the following legal elements:

1. Duty of Care

Nursing homes have a legal duty to offer a safe, clean, and medically appropriate environment for residents. This includes ensuring proper medical attention, adequate nutrition, and protection from harm.

2. Breach of Duty

The plaintiff must demonstrate that the facility failed to uphold its duty of care. This can be proven through:

• Neglect (e.g., residents left unattended, unsanitary conditions, medication mismanagement).
• Staff misconduct (e.g., physical abuse, verbal harassment, or excessive use of restraints).
• Systemic issues (e.g., understaffing, lack of trained personnel, or failure to follow safety protocols).

3. Causation

A direct link must be established between the nursing home’s negligence and the resident’s death. Medical records, expert testimony, and witness statements are often necessary to prove that the facility’s failure directly caused or contributed to the fatal outcome.

4. Damages

The claim must outline the tangible and intangible losses suffered by the deceased’s estate and surviving family members. This includes:

• Medical bills incurred before death.
• Funeral and burial expenses.
• Loss of financial support or benefits.
• Emotional pain and suffering of surviving family members.

Key Evidence for Strengthening a Wrongful Death Claim

Medical Records and Death Certificate

A comprehensive review of the deceased’s medical history and cause of death can reveal inconsistencies or signs of neglect. If the nursing home failed to document treatment properly or omitted key medical interventions, it may indicate negligence.

Incident Reports and Internal Nursing Home Records

Pennsylvania law requires nursing homes to maintain records of accidents, injuries, and medical interventions. If these documents show a pattern of neglect or contradict official statements, they can serve as critical evidence.

Witness Testimonies

Testimonies from staff members, residents, or family members who observed signs of neglect or mistreatment can be pivotal. In some cases, former employees may reveal internal practices that contributed to unsafe conditions.

State Inspection and Regulatory Violations

The Pennsylvania Department of Health regularly inspects nursing homes for compliance with state and federal standards. If a facility has a history of violations, these records will help establish a pattern of negligence.

Photographs and Video Evidence

If visible signs of neglect—such as bedsores, bruises, poor hygiene, or hazardous conditions—are present, photographs and videos can provide powerful visual proof.

Expert Testimony

Medical and elder care professionals can assess whether the nursing home’s actions deviated from acceptable standards of care and whether those failures led to the resident’s death.

Potential Damages in a Pennsylvania Nursing Home Wrongful Death Claim

Pennsylvania law allows for both economic and non-economic damages in wrongful death lawsuits.

Economic Damages

• Medical expenses incurred due to the facility’s negligence.
• Funeral and burial costs.
• Loss of income or benefits if the deceased financially supported dependents.

Non-Economic Damages

• Pain and suffering experienced by the deceased before passing.
• Loss of companionship and emotional distress for surviving family members.

Unlike some states, Pennsylvania does not cap damages in wrongful death claims unless the defendant is a government entity. This means that in cases of extreme neglect or abuse, families may receive substantial compensation.

Statute of Limitations for Filing a Claim

Pennsylvania law imposes a two-year statute of limitations on wrongful death claims. Meaning that families must file a lawsuit within two years of the date of death, or they may lose the right to seek compensation. However, in cases where negligence was discovered after the fact (such as hidden abuse or falsified records), exceptions may apply.

Conclusion

Proving a wrongful death claim against a Pennsylvania nursing home requires strong evidence, expert testimony, and an understanding of legal procedures. By demonstrating a breach of duty, direct causation, and measurable damages, surviving family members can hold negligent facilities accountable.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating a Wrongful Death Claim in Pennsylvania can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.