How to Prove Nursing Home Abuse And Neglect?

Nursing home abuse and neglect lawsuits have become shockingly common in the United States. Each year, over 2 million cases get reported across the country. An estimated 10% elderly residents in nursing homes have suffered some type of abuse or neglect. If you are filing a claim for your elderly loved one, you need to know what constitutes as abuse and how to prove it.

A dedicated nursing home abuse attorney can help you gather the necessary evidence to build a strong claim that holds merit even if the case goes to trial.

Elements of a Nursing Home Negligence Case

There are several elements to proving a negligence claim. The specific circumstances and facts surrounding your loved one’s injuries will determine the detailed elements of the lawsuit. These are the most basic general elements that need to be proved without doubt:

• You must prove the nursing home breached the duty of care by behaving negligently. This can be done by showing the nursing home failed to provide a reasonable level of care.
• Resident suffered injury as a consequence of the breach of duty of care

There are several ways in which nursing homes can be negligent. For instance, the facility may be severely understaffed to lower costs by cutting corners. The nursing home may have failed to run background checks on the employee that perpetrated acts of emotional and physical abuse against the resident.

Admissible Evidence in Nursing Home Neglect Claims

There are multiple forms of evidence that can be used for proving nursing home negligence. Specific evidence required will depend on the individual facts of your claim. These are a few examples of evidence which can be used to support a negligence claim:

• Medical records of the injured resident
• Videos and photographs
• Testimony of the resident
• Insurance documents
• Employment records

A capable attorney should be able to help you gather enough evidence to prove that the facility, their employee, or another resident violated the rights of your loved one.

Typical Damages for Nursing Home Abuse

Compensatory damage usually includes but is not limited to:

• Hospital expenses
• Increased medical bills for healthcare
• Therapy
• Expenses for medical care equipment
• Cost of short-term or long care
• Emotional distress
• Psychological counseling
• Pain and suffering
• Attorney’s fees

In some states, you may also be able to obtain punitive damages if the abuse was willful and reckless instead of negligent.

Choose a Proven Nursing Home Abuse Lawyer to Protect Your Rights

The skilled and resourceful attorneys at Walton Law, A.P.C. can help hold the negligent parties liable and help you get the justice you deserve. If you or an elderly loved one was injured at a nursing home, our experienced attorneys will work hard to prepare a strong case and obtain fair compensation. To request your free,?no-obligations?consultation, call us at (866) 338-7079 or?complete?this online form.