What Must Be Proven In A Nursing Home Neglect Lawsuit?
A nursing home neglect lawsuit has several benefits. First and foremost, it helps to stop the abuse of your loved one. Second, it can help raise awareness about the conditions of the facility, saving others from being abused or neglected. Finally, a successful nursing home neglect lawsuit can provide financial compensation for medical costs, pain and suffering, and other damages.
Proving nursing home neglect, however, can be difficult. Elderly residents may fear even worse treatment if they complain or take action. And due to their physical or mental condition, they may be unable to tell you that the abuse or neglect is occurring. Further, many of the signs of abuse and neglect—bruises, falls, broken bones, and sudden changes in weight, for instance—are difficult to attribute to the actions of the nursing home since they are common in the elderly.
For these reasons, it is often left up to family members to identify abuse and neglect and gather evidence that will help their loved one win a nursing home negligence lawsuit. At the Deuterman Law Group, we know exactly what sort of evidence is required, and can help you effectively communicate the violations in your loved one’s situation.
What you must prove in a successful lawsuit
- That there was intentional abuse that caused harm
- That there was a breach in the nursing standard of care that caused harm
Most important, you must be able to prove that what the nursing home staff did (or failed to do) was the direct cause of the harm suffered. Also, expert testimony is required to establish that the nursing home breached their standard of care.
What you can do to help prove your case
- Visit your loved one often
- Get to know the staff
- Keep a diary of concerns and address them with the administration
- Take pictures and video of the resident
- Periodically request a copy of all the patient’s records
- Maintain a relationship with the resident’s primary care physician
Information needed to prove damages
In cases of nursing home negligence, monetary damages can be recovered for the resident––and his or her survivors––if the resident passed away as a result of negligent care. Damages include compensation for pain, suffering, disfigurement, and loss of enjoyment of life.
In addition to the above steps you can take to help prove your case, keep in mind the power of proof: any information that helps prove the following claims will make the award of damages (financial compensation) much more likely:
- Past, present, and future medical expenses
- Harm resulting from extended immobilization
- Past, present, and future pain and suffering
- Mental anguish
- Past and future loss of enjoyment of life
- Harm caused from lack of sleep
- Phantom pain
- Other harm
Identifying the evidence and details of an effective abuse or neglect claim can be difficult. We’re here to help. Contact the Deuterman Law Group today for a free consultation, followed by knowledgeable and compassionate representation on your loved one’s behalf.
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