In order to prove a medical malpractice wrongful death case, the medical records of the decedent must be obtained. Often this information is protected by the physician-patient privilege unless the patient has waived this privilege to the Plaintiff. Even if a patient is deceased, the doctor-patient privilege is not necessarily removed. The decedent’s spouse or representative (such as next of kin), may waive this privilege in some states.
Wrongful death may certainly occur in an automobile accident, yet they may also occur in any mode of public transportation, such as buses, airplanes, trains, shuttles, trolleys, subways and others. In any case of wrongful death, attempt to keep as many records and notes as possible, including all parties involved (other victims, police, witnesses, drivers, etc.). Again, contact a competent wrongful death attorney experienced with your particular type of accidental death as soon as possible to ensure appropriate collection of relevant information and records to support your case.