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How Attorneys Investigate Nursing Home Abuse and Neglect

How Attorneys Investigate Nursing Home Abuse and NeglectIf you think nursing home staff has neglected or abused your loved one but you’re not sure how to prove it, a personal injury attorney may be able to help. Your lawyer and his or her legal team can conduct a thorough investigation, file subpoenas for any evidence that is being withheld, interview eyewitnesses, and perhaps consult with medical and technical experts to determine if nursing home abuse or neglect occurred and how best to proceed with the claim.

Read on to learn a few steps your attorney might take during the investigation:

1. Gathering Relevant Records 

Your attorney will want to review your family member’s medical records from before and after the incident to determine when his or her health began to deteriorate. Such records may also show evidence of medical malpractice.

Relevant documentation may include:

  • Nursing home logs;
  • Hospital records;
  • Prescriptions; and
  • Diagnostic images.

2. Consulting with Medical Experts

Medical experts who specialize in geriatric care can review your family member’s records and other evidence to determine if they are indicative of neglect or abuse. Examples of anomalies include significant weight loss over a short period of time, treatment for unexplained injuries, or diagnosis of an STI. 

3. Questioning Eyewitnesses 

The deposition of eyewitnesses such as other nursing home residents, caregivers, or people who visited the facility may corroborate your loved one’s claims. Your lawyer will want to interview eyewitnesses to find out what they saw and to uncover additional sources of evidence. For example, if other residents have also been neglected, their medical records might help your lawyer establish a pattern of mistreatment at the facility.

4. Reviewing Surveillance Footage 

New York does not have any laws governing the use of surveillance cameras in long-term care facilities. In other words, the state neither authorizes nor prohibits the installation of cameras in a resident’s room.

After evaluating the situation, your attorney can help you determine if monitoring your loved one’s environment is a strategy worth considering. If so, your lawyer can devise a practical plan for installing cameras in such a way that you do not violate anyone’s privacy including that of other residents.

Alternatively, your attorney might try to obtain surveillance footage that was already captured at the facility. Even if the actual instances of abuse were not caught on camera, the footage might help your lawyer identify the liable party and gain insight into how the facility operates. 

Call 716-855-3761 to Speak with a Nursing Home Abuse Lawyer in New York 

At LoTempio P.C. Law Group, we have the resources and experience to take on even the largest medical facilities. If you suspect your elderly loved one has been abused or neglected by nursing home staff, we can review your case for free and help you plot the way forward.

There’s no cost for the consultation, and we accept personal injury and wrongful death cases on a contingency fee basis. Call 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a nursing home abuse attorney in New York.

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