Nursing homes are places where the elderly and sick go to receive care. Families entrust their loved ones to these facilities’ staff, expecting they will be well taken care of. Unfortunately, this is not always the case. Nursing home abuse and neglect are serious problems, and if your loved one has been a victim, you may be considering filing a lawsuit. Before you take legal action, though, you will need to gather evidence to support your case.
Here are six types of evidence you will need to sue a nursing home:
Photos or Videos of the Abuse
If you have any photos or videos of the abuse or neglect your loved one suffered, these will be valuable pieces of evidence. Even if you don’t have photos or videos, you may be able to obtain them from other sources, such as security cameras or cell phones.
The videos or photos should be time-stamped and clearly show the abuse or neglect.
If the police were called to the nursing home for any reason, the reports from those incidents can be used as evidence. For example, if the police were called to investigate a fall or an assault, the reports from those incidents would help prove that abuse or neglect occurred.
If this was due to lack of certain facilities or staff, this will also be helpful in your case. Nursing homes should have the latest technology, security, and staff to help take care of their patients. If you are unsure if your loved one was a victim of abuse or neglect due to lack of certain facilities or staff, you can learn more here.
You will also need to obtain your loved one’s medical records from the nursing home. These records will document any injuries or changes in health that your loved one suffered while in the facility’s care.
Suppose the abuse or neglect was not documented in the medical records, in that case, you might be able to obtain an expert opinion from a doctor or nurse who can attest to the fact that the injuries were likely caused by abuse or neglect.
If there are any witnesses to the abuse or neglect, their testimony can be beneficial in supporting your case. Witnesses can include other nursing home residents, staff members, visitors, or anyone else who saw what was happening.
It’s important to note that even if a witness did not see the abuse or neglect, their testimony could still be helpful. For example, if a witness saw your loved one with bruises or other injuries, this would be helpful evidence.
Documentation of Complaints
If you or your loved one complained to the nursing home about the abuse or neglect, these complaints should be documented. Documentation can include emails, letters, or even notes from phone conversations.
These documents need to be dated and should include the name of the person who made the complaint and the name of the person who received the complaint.
Insurance Claim Documents
If you filed an insurance claim related to the abuse or neglect, the documentation from that claim could be used as evidence. This documentation can include the hospital records, or other documents submitted to the insurance company.
This type of evidence can help prove that the abuse or neglect occurred and the extent of the injuries suffered.
These are just a few examples of evidence you will need to sue a nursing home. If you have any questions about what evidence is needed in your specific case, you should speak to an experienced attorney. An attorney can review your case and help you determine what evidence is necessary to prove your claim.