What Kinds of Evidence is Used in Nursing Home Injury Lawsuits?

 Posted on May 20, 2021 in Nursing Home Abuse

Residents in a nursing home or other long-term care facility have a legal right to receive adequate care. The facility must be kept reasonably clean and safe. Staff must provide appropriate medical care and assistance with day-to-day activities like showering and eating. At no time may a resident be subject to neglect or abuse.

Sadly, not every nursing home meets these standards. When a resident is injured or killed as a result of substandard care or intentional abuse in a nursing home facility, the resident or his or her loved ones may file a nursing home injury lawsuit. Read on to learn about some of the most common types of evidence used to prove nursing home neglect or abuse in an injury or wrongful death claim.

Information About Nursing Home Staff

Staffing issues are some of the most common causes of nursing home neglect and abuse. Understaffing is rampant in U.S. nursing homes. When there are not enough staff to care for the residents, residents may suffer from skipped medication, missed meals, inadequate medical care, and insufficient assistance with daily living tasks. Staff work schedules, payroll documents, medical charts, and the nursing home staff log may all be evidence of understaffing. In addition, employment records and information about nursing home policies and procedures may demonstrate nursing home negligence in the form of substandard hiring practices.

Witness Testimony  

Eyewitness accounts of the abuse or neglect may also be used to hold a negligent nursing home facility liable in an injury or wrongful death lawsuit. Statements or testimony from staff members, other residents, medical providers, visitors to the nursing home facility, and family members may all be used to confirm allegations of nursing home neglect or abuse. Family members can further the case against a negligent nursing home by keeping detailed records of any communication that they have with the facility or staff members. They should also record observations about their loved one’s health and wellbeing and any safety concerns they notice in the facility.

Medical Records and Evidence of Injuries

A key component in many nursing home injury or death claims is medical evidence. Medical records can show when a resident first exhibited symptoms of an illness or injury. Medical charts, medication records, and other medical reports should also reveal when the resident was treated for a medical condition and what type of treatment he or she received. Photographs of the resident’s injuries, clothing, or the facility itself may also be used to demonstrate nursing home neglect or abuse.   

Contact a Chicago Nursing Home Injury Lawyer

If your loved one was harmed because of substandard care in a nursing home, a nursing home lawsuit may hold the facility accountable and allow for the recovery of monetary damages. To learn more, contact a Cook County nursing home neglect and abuse attorney at Schwartz Injury Law. Call us at 312-535-4625 for a free consultation.

Source:

https://www.pbs.org/newshour/health/most-nursing-homes-are-not-adequately-staffed-new-federal-data-says