Palm Beach Gardens Elder Abuse Lawyers
Elder abuse and neglect are far more common at long-term care facilities than most people realize. At Donaldson & Weston, we have witnessed firsthand the tragic effects of nursing home abuse, and we take pride in helping victims and their families pursue the compensation they need to move on with life.
If you think your loved one has received substandard care from nursing home staff, our elder abuse attorneys will evaluate your case for free to help you determine the most strategic way to proceed. Call 561-299-3999 to schedule a consultation with one of our compassionate nursing home abuse attorneys in Palm Beach Gardens.
If you think your loved one has received substandard care from nursing home staff, our elder abuse attorneys will evaluate your case for free to help you determine the most strategic way to proceed. Call 561-299-3999 to schedule a consultation with one of our compassionate nursing home abuse attorneys in Palm Beach Gardens.
Do I Have Grounds for an Elder Abuse Claim?
In order to file a successful nursing home abuse claim, you must be able to prove three primary elements: that the facility owed the victim a duty of care, that they breached this duty of care, and that the victim suffered an injury or loss as a result. Typically, establishing the duty of care in a nursing home abuse case is relatively straightforward. As long as your loved one was a resident at the nursing home, the staff had an obligation to provide a certain standard of care.
Proving a breach of duty tends to be more complicated. The strongest evidence will depend on the specifics of the incident in question. Common evidence used to prove liability in nursing home abuse and neglect claims include:
The final element of building a nursing home abuse claim is proving damages. You must be able to prove that your loved one suffered an injury or loss as a direct result of the at-fault party’s breach of the duty of care.
Depending on the facts surrounding your loved one’s case, the caregivers and/or facility may be liable for economic and non-economic damages. Economic damages are objectively verifiable losses such as medical expenses. Non-economic damages are subjective and include pain and suffering, emotional distress, and loss of enjoyment in life. If the at-fault party acted with gross negligence or intentional malice, punitive damages may also be awarded. The attorneys at Donaldson & Weston will perform a thorough investigation and make sure your claim accounts for all potentially recoverable damages.
Proving a breach of duty tends to be more complicated. The strongest evidence will depend on the specifics of the incident in question. Common evidence used to prove liability in nursing home abuse and neglect claims include:
- Testimony from other caregivers or residents who witnessed the abuse;
- Surveillance footage;
- The facility’s standard operating procedures;
- Statements from medical experts;
- Photographs of any visible injuries or wounds;
- The facility’s hiring practices; and
- The victim’s medical records.
The final element of building a nursing home abuse claim is proving damages. You must be able to prove that your loved one suffered an injury or loss as a direct result of the at-fault party’s breach of the duty of care.
Depending on the facts surrounding your loved one’s case, the caregivers and/or facility may be liable for economic and non-economic damages. Economic damages are objectively verifiable losses such as medical expenses. Non-economic damages are subjective and include pain and suffering, emotional distress, and loss of enjoyment in life. If the at-fault party acted with gross negligence or intentional malice, punitive damages may also be awarded. The attorneys at Donaldson & Weston will perform a thorough investigation and make sure your claim accounts for all potentially recoverable damages.
