If your elderly loved one was abused or neglected in a nursing home and you intend to bring a claim against the at-fault facility, your word alone won’t be enough to win a settlement or verdict. You’ll need strong evidence to prove the mistreatment did in fact occur and that your family member suffered damages as a result.
Although every nursing home abuse claim is unique, the following evidence is often used in these cases:
- The Facility’s Standard Operating Procedures: Does the facility have sufficient measures in place to prevent neglect and abuse? Are there inadequacies in the operating procedures that allow for the violation of residents’ rights? If the facility’s operating procedures put residents at an unreasonable risk of harm, they might contribute to your case.
- Care Logs: Assuming they haven’t been altered or destroyed, the care logs should include the names of all staff members who cared for your relative, the time and duration of each visit, and the medications that were administered. Care logs may provide key insights into who caused the abuse or neglect, how the incident happened, whether it was likely a single incident or repeated offense, and whether the facility’s negligence played a role.
- Medical Records: Your loved one’s medical records should document his or her declining health. They may reveal injuries or illnesses that arose as a result of neglect or abuse.
- Witness Testimony: If the abuse was witnessed by staff, visitors, or other residents, their statements might contribute to the strength of your claim.
- Surveillance Footage: If the abuse was captured by surveillance cameras, that footage could be integral to your case; however, obtaining it may pose a challenge if it implicates the facility. Your personal injury attorney can apply legal pressure as needed to acquire such evidence.
- Photographs: Photographs of visible wounds can bolster your claim. Be sure to provide your lawyer with any pictures of bedsores, bruises, restraint marks on the wrists and ankles, and other injuries.
- Journal Entries: If you suspect your relative is being neglected or abused, start documenting all the signs and symptoms you notice in a personal injury journal. If possible, ask your loved one to keep a journal, as well. These entries can corroborate other kinds of evidence and help the judge or jury understand the timeline of events and the nature of the mistreatment.
Call 716-855-3761 to Discuss Your Case with a New York Nursing Home Abuse Lawyer
If your loved one was neglected or abused by nursing home staff, your family may be entitled to compensation for all resulting damages. To determine if you have grounds for a claim, contact LoTempio P.C. Law Group.
Our compassionate team has over 200 years of combined experience in the legal profession, and we’re dedicated to getting our clients the results they deserve. Call 716-855-3761 or use our Online Contact Form to set up a free case evaluation with a nursing home abuse attorney in New York.