How Do You Prove Nursing Home Neglect?
If your loved one was neglected by nursing home staff, it’s only natural to want justice. Thankfully, by filing a claim against the facility, it may be possible to hold them accountable for all the damages your family has incurred.
Before you can secure compensation, though, you’re going to have to gather compelling evidence of liability. If you’re wondering what that might include, read on. Here are some of the most common pieces of proof that usually come into play in nursing home neglect claims:
1. The Victim’s Medical Records
Your loved one’s medical records will inevitably serve as the foundation of your family’s claim. These might include nursing logs, diagnostic images, progress reports, and psychological evaluations.
Since nursing home residents generally need around-the-clock care, it doesn’t take long for neglect to cause health problems, which will eventually be noted in their records. Issues like bedsores, weight loss, bruises, and dehydration are all indicative of neglect.
2. Testimony from Nursing Home Staff
Statements from those who were assigned to care for your loved one could prove integral to your claim. Depending on the nature of the neglect, these statements may not implicate the facility directly; however, your legal team should be able to read between the lines and pull what they need from the testimony to support your allegations.
3. Surveillance Footage
Most facilities are equipped with surveillance systems nowadays, and there’s a good chance your loved one’s nursing home is, too. Whether the recordings will contribute to your claim depend on their content. Of course, when it comes to neglect, you don’t necessarily need to capture any transgressions. All you need to show is that no one checked in on your loved one nearly as often as they should have.
4. The Facility’s Standard Operating Procedures
Sadly, a lot of nursing home administrators will purposefully schedule fewer workers than each shift demands to save on payroll expenses. This kind of consistent understaffing is a surefire recipe for neglect.
The facility’s onboarding process could also point toward neglect. If they don’t hire people who are actually equipped to perform the job duties—or if the existing staff fails to train new hires adequately—the residents are the ones who suffer.
Naturally, if the nursing home’s procedures will implicate them, they’re not going to reveal the associated documentation without putting up a fight. Your legal team should be able to apply certain pressures, however, to obtain them anyway. Your attorney might file a subpoena, for example, which will essentially force administrators to hand over all the documents pertaining to their standard operating procedures.
Speak with a West Palm Beach Nursing Home Neglect Attorney
At Donaldson & Weston, we refuse to stand idly by while nursing home residents are being neglected. If your loved one was mistreated at their long-term care facility, we’ll help you gather the evidence needed to build a strong case. To schedule a free initial consultation with one of our nursing home neglect lawyers in West Palm Beach, fill out our Online Contact Form or call 561-299-3999.
