After learning of neglect or abuse in a nursing home, you and your family probably feel devastated. Even if you have done everything in your power to make sure that your loved one gets treated right at a nursing home, mistakes and accidents can still happen. If your loved one experienced neglect or abuse, do not blame yourself for what has happened. Instead, you should get your loved one the help that they need by contacting the police. Providing them with evidence can also help the situation.
If a criminal or civil case is pending against the at fault party, it is your job to provide evidence. The evidence should substantiate the claims of neglect or abuse and seek compensation. Consider these 10 types of evidence to gather if your family is involved in a court case due to the neglect or abuse of a loved one.
1. Photograph Injuries
As soon as possible, you want to photograph any injuries that were a result of neglect or abuse. Physical records of cuts, bruises, broken bones, pulled hair, burn marks, etc. can constitute evidence in court to prove that your loved one has legitimately experienced harm. Photographs alone will not prove that the defendant in the case is responsible for the injuries. But, proving the injuries themselves is the first step in your defense.
2. Eyewitness Accounts
If anyone in the nursing home witnessed the abuse of your loved one, they could give testimony to prove that neglect or abuse took place. An eyewitness account can support your case in court.
3. Victim Testimony
In addition to eyewitness accounts, testimony from the victim can be a powerful piece of evidence. If your loved one feels comfortable testifying against their abuser, this could work as one way to prove that abuse occurred.
4. Expert Witness Testimony
Another form of testimony that you can employ to prove neglect or abuse is the testimony of an expert witness. If a doctor or an expert in a field explains the injuries to a judge or jury, this can help to prove that the injuries occurred.
5. Doctor’s Proof of Injury
Just as an expert witness can prove an injury, a visit to a doctor can provide the same evidence. Be sure to take your loved one to the doctor to assess their injuries as soon as you find out about neglect or abuse.
6. Video Footage from the Nursing Home
If a nursing home uses cameras in the home, there is a chance that neglect or abuse has been caught on tape. You should discuss subpoenaing the nursing home video footage with your lawyer to see if you can use this evidence in court.
7. History of Abuse
While a history of abuse does not prove that your loved one was neglected or abused, you can establish the character of a nursing home by explaining past issues.
8. Medication Bills
In an effort to establish proper compensation for your loved one, you should establish how much money was spent on your loved one’s injuries. Medication bills should be documented to be included in this number.
9. Hospital Bills
The same goes for hospital bills. Hospital bills can be compensated for in a personal injury case. Your loved one should keep track of any hospital or doctor’s bills related to an injury sustained as a result of neglect or abuse.
10. Photographs of the Nursing Home
The nursing home might not be equipped to handle your loved one’s needs. This issue could lead to neglect and injuries. If this is the case, be sure to take photographs of the nursing home’s equipment and facilities.
These are ten important pieces of evidence to consider when you are building your loved one’s case.
