How to Prove Liability in a Nursing Home Abuse or Neglect Case

November 21, 2019

by ogkdev

personal injury attorney

Nursing home abuse and neglect take many forms. The facility might fail to provide residents with necessary mobility aids or a reasonably safe environment. A caregiver might physically or sexually abuse a resident, or exploit a resident financially. Although each case is unique, it is always necessary to prove liability in order to collect monetary damages from the at-fault party.

The evidence your Port Salerno nursing home abuse attorney uses to prove liability will depend on the circumstances. In most cases, the plaintiff asserts that the nursing home and/or one of its employees breached the duty of care. This is called “negligence.” Examples of negligence that may warrant a nursing home abuse or neglect claim include:

  • Your family member received the wrong prescription or dosage;
  • A medical condition was diagnosed late or misdiagnosed due to a failure to use standard care practices;
  • The facility had slippery floor surfaces or lacked handrails, leading to a fall accident;
  • The facility failed to implement reasonable security measures;
  • The facility failed to perform reasonable background checks before hiring employees; or
  • Your family member was deprived of food, water, reasonable shelter, hygienic assistance, or necessary mobility aids.

Besides negligence, a nursing home abuse claim can also be brought on the basis of intentional wrongdoing. In fact, if your loved one was a victim of physical or sexual abuse, it may be possible to obtain punitive damages in addition to compensatory damages. Examples of intentional wrongdoing include:

  • Using physical restraints on a nursing home resident without a valid reason;
  • Sexual abuse; or
  • Physical abuse.

Below are a few kinds of evidence your Port Salerno nursing home neglect lawyer might use to prove liability:

  • The deposition of a past or current nursing home director regarding how the standards of care were breached;
  • The deposition of a medical expert regarding how the standards of care were breached;
  • Surveillance footage, keycard data, and caregiver schedules;
  • Photos of the victim’s room and any dangerous conditions on the premises;
  • The deposition of eyewitnesses such as other nursing home residents, caregivers, or people who were visiting the facility when the incident occurred; and
  • The victim’s medical records.

What Should I Do After Learning About the Neglect or Abuse?

The first step to take after discovering nursing home abuse or neglect is to get the victim to safety. Call 911 if anyone is in immediate danger, and make sure your family member receives medical attention for any injuries or illnesses. To report the mistreatment, call the Florida Abuse Hotline at 1-800-96-ABUSE. You should then contact a Port Salerno nursing home abuse lawyer right away.

Once you’ve hired a personal injury attorney, you will be able to focus on your loved one’s health while your claim proceeds in good hands. There are, however, some steps you can take over the following weeks and months to protect your case. For instance, you should avoid writing any negative reviews about the facility—no matter how tempting it may be. You should also refrain from discussing the matter on social media or any online forums. And if you are contacted by anyone affiliated with the nursing home or their insurance company, do not provide any statements; rather, direct that correspondence to your lawyer.

Call 772-266-5555 to speak with a personal injury attorney today.