Evidence that Can Prove Nursing Home Abuse

Learning that your loved one has suffered from abuse or neglect in a long-term care facility is devastating. Your first priority, of course, is to make sure your loved one is safe and receives the medical attention they need. The last thing you may be thinking about is filing a lawsuit to claim the damages your loved one deserves. There are many good reasons to take legal action against a facility that has not provided proper care. One of these is to ensure that no one else suffers from it.

As with any personal injury claim, you will have to prove your case when filing a lawsuit against a nursing home. This is not always easy. Our Tampa nursing home abuse lawyers explain the types of evidence that can strengthen your case below.

Obtain Your Loved One’s Records 

You can request your loved one’s nursing home records if the facility participates in Medicaid or Medicare. It is essential to review these reports carefully so you can find inconsistencies such as use of medications, unnecessary treatments, or injuries that do not have an explanation. When reviewing the records look for anything that could indicate neglect or abuse including medical treatments for bed sores, hospitalizations for malnutrition and dehydration, and other health issues that indicate substandard care.

Photographs 

Photographs always provide some of the best evidence because they show things as they actually are. Take photos of your loved one’s injuries, any unsanitary conditions you found them in, or unsafe conditions on the premises. These can show that your loved one did not live in a clean and safe environment, and that they suffered injuries from abuse or neglect.

Ombudsman Complaints 

Anyone who has learned of abuse or neglect in a long-term care facility can report it to Florida’s Long-Term Care Ombudsman Program. Request any records the ombudsman has about the facility your loved one suffered harm in to determine if they have a history of complaints. These alone will not prove your case but showing that the facility has a history of abuse or neglect can strengthen your case.

Contact Witnesses

Nursing home staff members are not always careful when they are acting neglectfully or abusively. There may be witnesses to what happened to your loved one, including other residents, employees of the facility, and family members who were visiting other residents at the time. Witness statements are given significant weight in personal injury cases because they are considered objective and witnesses have nothing to win or lose with any specific case.

Contact a Nursing Home Abuse Lawyer in Tampa

If your loved one has been harmed in a long-term care facility, you may be able to help them claim financial compensation for their injuries and other losses. Unfortunately, proving these cases is never easy. At Kohn Law, our Tampa nursing home abuse lawyers can advise on the important pieces of evidence that can help your case and help you collect them so your loved one receives the full settlement they deserve. Call us today at 813-428-8504 or fill out our online form to schedule a consultation.

Source:

ombudsman.elderaffairs.org/