What Types of Evidence Is Used to Prove Nursing Home Neglect and Abuse?

 Posted on September 14, 2020 in Nursing Home Abuse

There are approximately 1.2 million people living in nursing homes across the United States. Residents may live in a nursing home facility because they need help with daily tasks such as eating and bathing or because they have long-term medical needs that cannot be met through other means. A significant percentage of nursing home residents suffer from physical or mental disabilities that significantly reduce their level of personal independence. They, therefore, must count on the nursing home staff to keep them as healthy as safe as possible.

Tragically, some nursing home residents are not treated with the compassionate assistance and competent medical care they deserve. If you or your loved one were the victim of nursing home neglect or abuse, you may wish to bring a personal injury claim against the facility. In order for your claim to be successful, you will need to show evidence of the nursing home’s wrongdoing.

Elements in a Nursing Home Injury Claim

To hold a negligent nursing home accountable and recover financial compensation through a nursing home injury lawsuit, you and your attorney will need to prove that:

• The nursing home owed a duty of care to you or your loved one
• The nursing home breached that duty
• You or your loved one were injured as a result
• The injuries resulted in damages or financial costs

It can be hard to know exactly how a nursing home resident was injured – especially if he or she suffers from dementia, Alzheimer’s disease, or another illness affecting memory and cognition. To fully understand the circumstances that led to your loved one’s injury and prove the elements of a successful injury claim, your attorney may gather evidence such as:

• Operating procedures, hiring practices, and staff training schedules
• Care logs
• Medical records and bills
• Insurance claim documents
• Surveillance footage
• Photographs
• Testimony from witnesses
• Testimony from “expert witnesses” such as medical professionals

Contact a Cook County Nursing Home Abuse Injury Attorney

Nursing homes have an ethical and legal obligation to provide residents with the everyday care and medical attention they need. If a nursing home causes a resident to be injured because staff were negligent or intentionally abusive, the injured person or a loved one may file a personal injury claim against the facility. The injured person or his or her loved one may be entitled to compensation for medical expenses, pain and suffering, and more. To learn more about bringing a nursing home injury lawsuit against a negligent facility, contact Schwartz Injury Law Call 312-535-4625 and schedule a free consultation with an experienced Chicago personal injury attorney.

Source:

https://www.kff.org/other/state-indicator/number-of-nursing-facility-residents/?currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D