How to Prove Nursing Home Negligence

Hodes Milman helps a variety of victims file and litigate their claims. Whether you are a survivor of personal injury, medical malpractice, or elder abuse, we understand coming forward about abuse isn’t easy. But with over $50 Million in verdicts and settlements recovered, we’re confident we’ll be able to support you in your claim.

Sometimes proving nursing home negligence can be challenging and often involves navigating emotional distress and guilt, which can be compounded by the complexities of the legal system.

Due to the age and reduced mental and physical capacity of the victims, elders are some of the most vulnerable groups of people to abuse. 

Statistics indicate that only a fraction of elder abuse cases are reported, with estimates suggesting that for every reported case, many go unreported. 

There are a variety of reasons why these claims are unreported. Usually, it’s due to fear of the consequences or shame that comes from being in such a vulnerable situation.

It’s tough to believe someone entrusted with the care of your loved one can cause them so much harm. But, that’s why it’s important to us to pursue justice for the victims and families of this type of abuse.

It’s tough to believe someone entrusted with the care of your loved one can cause them so much harm. But, that’s why it’s important to us to pursue justice for the victims and families of this type of abuse.

It’s not your fault if negligence happens to you or a loved one. That’s why Hodes Milman makes every elderly abuse victim our duty to from beginning to end. Contact us at (949) 640-8222 if you have questions or need immediate legal assistance.

Documenting Nursing Home Abuse

Substantiating claims of elderly abuse can be challenging, as signs of neglect may be subtle or attributed to aging. If you intend to pursue this type of claim, you’ll need persistence and resilience, as well as the ability to cope with potential setbacks and emotional tolls. You can start building a case with:

Keep Detailed Records of Injuries

Keeping detailed records of any injuries is crucial when proving elder abuse. Photographs of injuries can provide visual evidence that complements written reports. Medical records serve as an authoritative source documenting the extent and nature of the injuries, with professional evaluations from healthcare providers.

It’s important to note the dates and times of these injuries meticulously, alongside specific descriptions of their nature. Record any explanations provided by nursing home staff to identify discrepancies or patterns in their accounts. 

Any cognitive impairment may put our loved ones at risk of elopement. It’s important to report wandering before severe negligence takes place. Contact us online or by phone at (949) 640-8222 if you suspect any underlying abuse behind elopement.

Take Witness Statements

Witness statements are invaluable in building a case for elder abuse. Collecting statements from other residents, staff, or visitors who may have observed the abuse or neglect provides corroborative evidence.

As always, make sure these accounts are detailed. Witnesses can provide firsthand accounts that capture nuances and details that might be missed in medical records alone. These statements should be recorded promptly to ensure accuracy and reliability.

Set up Systems of Surveillance 

Installing hidden cameras or using monitoring devices, where legally permissible, can be an effective way to capture evidence of abuse. Surveillance footage can provide undeniable proof of misconduct, capturing incidents as they happen. If the nursing home has a surveillance system, requesting and reviewing this footage can reveal signs of abuse or neglect.

Consistent monitoring can help identify patterns of behavior that might indicate ongoing issues. However, it’s important to be aware of and comply with legal regulations regarding surveillance to ensure the evidence collected is admissible in legal proceedings.

Lastly, document physical and behavioral signs of abuse. Photograph and detail physical injuries like bruises and cuts, and record behavioral changes such as withdrawal, fearfulness, or depression. 

Consistent monitoring can help identify patterns indicating emotional abuse. Seeking professional evaluations from medical experts or social workers will also aid your case. These experts provide credible reports and testimony that can differentiate between normal aging and signs of abuse, thereby strengthening your case. 

Filing formal complaints with state agencies, like the Department of Health, and maintaining detailed records of these interactions can trigger investigations, apply regulatory pressure, and help achieve justice for the victim.

What is Considered Negligence in a Nursing Home?

What is considered nursing home neglect depends on various factors, including the failure to provide essential care that ensures the health, safety, and well-being of residents. Neglect can manifest in several ways, each indicative of a breach in the duty of care expected in nursing homes. Key examples of nursing home neglect include:

• Medical Neglect: Failure to provide necessary medical care, including timely administration of medication, regular health check-ups, and treatment for injuries or illnesses.
• Personal Hygiene Neglect: Ignoring residents’ needs for bathing, grooming, oral hygiene, and clean clothing, leading to poor personal hygiene and related health issues.
• Basic Needs Neglect: Not providing adequate food, water, or a safe and clean living environment. This can result in malnutrition, dehydration, and unsanitary conditions.
• Emotional and Social Neglect: Isolating residents, ignoring their emotional needs, or failing to provide companionship and activities that promote mental and emotional health.
• Neglect of Mobility Assistance: Not assisting residents with mobility needs, which can lead to falls, injuries, and decreased physical function.

Each of these forms of neglect can significantly impact the quality of life and health of nursing home residents. 

Contact Hodes Milman Elder Abuse Attorneys

We handle a wide range of medical malpractice cases, including negligence, physical assault, emotional abuse, and financial exploitation. When you work with Hodes Milman, you work with a compassionate team of lawyers. 

We will use our extensive understanding of the law to hold negligent nursing home facilities accountable. But we also recognize the delicate nature of elder abuse and will take measures to protect the safety of potential victims of negligence. Our legal team will thoroughly investigate the circumstances of abuse, gather evidence, and build a compelling case on your loved one’s behalf.

If your loved one has suffered from nursing home abuse, don’t hesitate to reach out to us at (949) 640-8222 for a free, confidential consultation. 

Let us make sure your loved one is cared for with dignity.