What Evidence Do You Need To Sue A Nursing Home?

By Chris Jose

The number of senior citizens in the US will significantly increase between 2012 and 2050. The total number of people over the age of 65 is predicted to reach 83.7 million by the year 2050. To meet the rising demand for out-of-home care, nursing facilities offer their services. And while many facilities provide good care for their clients, there are some that don’t. Even worse, some facilities ignore or openly abuse their residents.

 Unfortunately, according to the National Center on Elder Abuse, this abuse is significantly underreported. Victims are either too afraid to disclose the abuse, or they have chronic illnesses that make it impossible for them to do so (e.g., dementia).

 Families must be able to spot the warning signs of abuse and pursue justice against the offenders. When family members recognize the warning signs of abuse, they must report it and provide evidence to support their claims. For loved ones, this process can be burdensome. But the procedure might be simplified with the aid of a nursing home negligence legal team.

 Evidence You May Need to Sue a Nursing Home

You must demonstrate the financial, physical, and emotional losses brought on by your loved one’s injuries in order to win a nursing home abuse and neglect lawsuit. All of this gets easier with an experienced nursing home attorney service California. Depending on the type of claim you have filed, you may need to demonstrate a variety of things. 

You can support your claims by providing:

1. Recognizing and Observing Abuse’s Symptoms

Family members must be proactive when choosing a nursing home and inspect it further. Some signs that a loved one is being abused or neglected include:

• Unexpected mood swings

• Broken bones, lacerations, wounds, or bruises

• Frequently occurring injuries without staff explanations

• Dehydration or malnutrition

• Using restraints

• Abandoning activities they formerly found enjoyable

• Showing signs of anxiety or unease towards caregivers

2. Obtain their medical and nursing home records

 You can obtain the nursing home data of your loved one if the facility accepts Medicare or Medicaid. Examine those records for irregularities, such as unnecessary procedures, prescription usage, or injuries that aren’t explained.

 Medical records, including treatments for wounds, hospitalizations for dehydration and starvation, medical care for bed sores, and other health issues linked to poor care, may reveal periods of abuse or neglect.

 3. Photographs

Photographs are effective forms of proof. These may show images of the resident’s living quarters, such as dirty sheets or unsanitary conditions. Images of the wounds or the bad state in which you discovered your loved one might help support your claims.

 4. Complaints to the Ombudsman

 A thorough record of all complaints lodged against the nursing home and their resolution is kept by the local ombudsman. Frequent accusations of abuse or neglect may indicate that the facility has a history of providing poor care.

 5. Testimony of Witnesses

Patients may be negligently abused or neglected in nursing homes. Other residents, visiting relatives, or facility staff may have witnessed the incident. It is important to record the testimonies of all witnesses to support your claim.

 6. Licenses and Inspections

The facility may have a history of breaking state regulations, as past state inspections and citations could have indicated. Furthermore, some nursing homes could promote their services without having a license. A lawyer could be needed to assist in getting these records.

 7. Consulting a lawyer

 There are numerous regulatory barriers proving nursing homes were involved in abuse or negligent care. A motion to compel the nursing facility to provide documents may need to be filed, and you must get records from the county and state governments. All of this gets easier with an experienced attorney.

Types of Nursing Home Abuse or Neglect

There are many forms of elder abuse and neglect, and some of the warning signals are more apparent than others. If your loved one suffers injuries as a result of abuse or neglect in any of the following situations, you might sue them:

• Social, emotional, and mental

• Physical or sexual

• Personal Care 

• Financial

• Medical

• Basic Needs

You may be awarded compensation for the losses depending on the circumstances.

Compensation Available After Proving Your Case

You may be entitled to financial compensation for your loved one’s injuries, presuming you can successfully defend your claim in court.

You can pursue a number of different kinds of awards, including:

• Future and present medical expenses

• Compensation for financial exploitation

• Distress and suffering

• Mental suffering

• Awards for wrongful deaths

The statute of limitations—or deadline—by which your state regulates them will also have an impact on the compensation you are eligible to claim.

Chris has extensive experience in the world of law, which he has successfully incorporated into a career as a copywriter specializing in legal news and interesting updates. A legal expert by day and ameteur homecook by night, Chris loves Star Wars, Conan O’Brien and spending time with his twins.