Evidence Needed in Nursing Home Abuse Cases
After your loved one has entered a nursing home, you expect that they will be treated with dignity and that their safety and well-being will be prioritized. Unfortunately, that does not always happen. It may not take long before you start to notice unexplained bruises, sudden weight loss, or personality changes in your loved one and start to suspect abuse.
If your loved one is being abused or neglected in a long-term care facility, you may be able to file a claim on their behalf and pursue compensation for their losses. When filing a claim, you need to present strong evidence that supports your case. Below, one of our Tampa nursing home abuse attorneys outlines the strongest types of evidence used in these cases.
A Detailed Log of the Incident
It is important to keep a log, either in a physical notebook or a digital file, that will allow you to track all of your concerns. Whether you are keeping notes of a single incident or ongoing abuse or neglect, there are important details to keep track of. These include:
- The date and time of any incident
- Any observations you made or your loved one told you about
- The name of any staff member involved
- How your family member responded to the incident
- Whether you filed a complaint or told anyone of the incident and their response
Photos and Video Footage
Visual representation of abuse and neglect is some of the most powerful evidence used in these cases. If you notice unsafe living conditions, physical injuries, or unhygienic rooms, take photographs and video footage that is time-stamped, if possible. Also securely store any photos or videos with backups. Remain mindful of your loved one’s dignity and privacy. Do not publicly post any images and only document what is necessary.
Medical Documentation
Medical documentation can show proof of abuse or neglect. It is important to ask the facility for copies of the following:
- Wound care charts
- Lab results
- Medication administration logs
- Emergency room visit records
- Hospital discharge summaries
The above documents can show proof of declining health conditions or poor care that contradicts what staff members in the facility may tell you.
Eyewitness Testimony
Family members, other residents, or even other staff members may have seen something or have similar concerns. If there are residents that are willing to testify, ask them to write down their name and relationship to your loved one, a detailed account of what happened, and the date and their signature.
Save All Communication
Any communication between you and the nursing home facility or staff members may be relevant. Keep all email and text messages, notices or letters from the facility, or meeting notes resulting from a complaint or care plan review. These may be very important when proving your case.
Contact Our Nursing Home Abuse Attorneys in Tampa
At Kohn Law, our Tampa nursing home abuse attorneys can advise on the important evidence to use in your case and help you collect it so your claim is supported and your family obtains the justice you deserve. Call us today at 813-428-8504 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
