How Do I Prove Damages in a Nursing Home Abuse or Injury Case?
When an individual is injured or abused in a nursing home, they may be able to recover damages by filing a personal injury lawsuit. In order to recover damages, however, the individual must be able to prove that the nursing home was at fault for the injury or abuse.
So, how does one prove that a nursing home was the one responsible for injury or abuse? Here’s what you need to know:
What Kind of Damages Am I Eligible for in a Nursing Home Abuse or Injury Case?
When it comes to nursing home abuse or injury cases, there are a variety of different damages that you may be eligible for. These can include both economic and non-economic damages, which can help to cover the costs of medical bills, pain and suffering, and more.
Economic damages are those that have a specific monetary value, such as medical bills or lost wages. Non-economic damages are more difficult to quantify but can still be very important. These can include pain and suffering, emotional distress, and loss of enjoyment of life.
In some cases, you may also be able to recover punitive damages. These are designed to punish the offender and deter future wrongdoing and are typically only awarded in cases of severe abuse or negligence.
If you or a loved one has been the victim of nursing home abuse or injury, it’s important to speak with an experienced attorney who can help you understand your rights and options.
How Do I Prove Damages in a Nursing Home Abuse or Injury Case?
Different cases can be proved differently, but here are just some of the ways you can go about it:
1. Review the Nursing Home’s Policies and Procedures
One way to prove that the nursing home was negligent is to show that it violated its own policies and procedures. For example, if the nursing home has a policy that requires staff to check on residents every two hours, but your loved one was injured after being left unattended for four hours, this would be strong evidence that the nursing home was at fault.
2. Obtain Witness Statements
If there are other residents or staff members who saw what happened, their testimony can be invaluable in proving your case. Be sure to get their contact information so that your attorney can reach out to them.
3. Review the Nursing Home’s Records
The nursing home is required to keep detailed records of all residents, including any incidents or accidents that occur. These records can be helpful in establishing what happened and who was responsible.
4. Hire an Expert Witness
An expert witness can provide testimony about the standard of care that nursing homes are required to meet. This can be helpful in showing that the nursing home fell below the standard and that this resulted in the injury.
5. Take Photos or Videos
If you have any photos or videos of the incident or the injuries, these can be used as evidence in your case. Be sure to keep them in a safe place so that they are not damaged or lost.
Conclusion
Knowing that you or your loved one is being abused at a nursing home can be a truly unsettling thought, but it is a matter that needs to be addressed. Otherwise, it’ll continue. So, if you suspect that you or your loved one is being abused at a nursing home, follow the tips we’ve shared. In addition, work with an attorney to help you with the matter. That way, you can know for sure if abuse is happening and that you or your loved one gets the compensation they deserve for the pain and suffering they’re unnecessarily put through.
Bossie, Reilly, & Oh focus on ensuring accountability in various healthcare facilities, from hospitals to nursing homes and so much more. If you are looking for top personal injury attorneys in Phoenix, reach out to us!