Filing a lawsuit can be a complicated but necessary process. When a loved one faces nursing home neglect and abuse, something needs to be done. A home or assisted living facility should be a clean and comfortable place for elder people. Unfortunately, that is not always the case. Elder adults are more susceptible to bedsores and broken bones as a result of abuse and neglect. If any type of abuse has happened to your loved one you should work with a lawyer. Together you can establish a case that can winning an abuse and neglect lawsuit.
Filing a lawsuit and proving nursing home abuse go hand in hand. Before filing a lawsuit, consider your odds. Make that there is a good chance of winning the case. You have to prove that an illegal action happened. To prove this, you need to use evidence. With the help of your lawyer and the rest of your family, you must gather facts to prove that the events occurred.
Neglect and abuse happens when the home did something illegal. Or it could happen when the home didn’t do something they were legally obligated to do. You must prove that the nursing home had a duty of care toward your loved one. This is normally outlined in a care contract signed when your loved one moved in. You have to prove that the home breached that duty of care and the resident suffered harm as a result. That proof of harm may be in the form of bruises, bedsores, broken bones, emotional harm, and more.
There are many types of damages related to neglect and abuse. They include physical pain/suffering, mental pain/suffering, emotional distress, and cost of treatment damages. Anything from emotional badgering to hitting someone is illegal and immoral.
To help your case against the nursing home, you should keep records of the events that occurred. You can use doctor’s visits, medical bills, and any medical records and injury reports. During your loved one’s stay at the nursing home, encourage them to keep a diary. This will enable you to have a detailed log of actions that took place in the home. Family members can keep a similar journal related to the home. Also to aid your case in court, you may provide photographs of any injuries.
Proving Your Case
Medical experts are people who may aid you in proving your case in court. There are many databases available online where you may find a medical expert. These medical experts can have the qualifications and knowledge to help win your case.
The first step in filing and winning your lawsuit is mentioned above. That is to gather all the evidence you can. This step is also referred to as the discovery process. The second part is to meet with your lawyer and discuss the case. At this time, you can get a medical expert or witness to further prove your claim. The witness or expert may take part in a deposition held in your attorney’s office. The deposition will be a detailed log of their recollection of the event. It might also be an expert opinion that further proves your claim to be valid.
You may choose to settle out of court. This is called a settlement. In doing so, you would negotiate with the nursing home and settle on a verdict you both agree with. If a settlement cannot be reached, a trial will take place in front of a judge or jury. You, your lawyer, and representatives of the home will attend this trial. There you will present all the evidence collected during the discovery process.
There are many steps to filing a lawsuit and proving nursing home abuse. Throughout the whole process, your lawyer will be there to help. But, in order to win, you must prove that neglect or abuse occurred. Medical experts, witnesses, medical documents, journals, photographs, and doctor visits can support your case.