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Proving a Nursing Home Injury or Abuse Case

Nursing home abuse is a very serious issue. It can have emotional, mental and physical consequences on its victims. Elders who are abused have a 300 percent chance of dying in the three years following the abuse than those who are not abused. Nursing home abuse often takes place due to the negligent or deliberate action of the staff and caregivers.

When a victim suffers injury or abuse in a nursing home facility, family members may file a lawsuit against the facility. In order to win the case, they will be required to prove the following:

  • The nursing home owed a duty of care to the resident.
  • The nursing home breached that duty of care.
  • The breach of that duty caused harm to the resident.

Evidence to Help Prove Nursing Home Injury or Abuse

Evidence is crucial if the court decides to award damages. Most injury cases are easy to prove because if the injuries resulted in medical treatment, there is an official record of the treatment and a history of the incident that is easily accessible and can be used as strong evidence. Other documentation that can be used as evidence to prove injury or abuse include:

  • Photographs of injuries and bruises
  • Photographs of medications that are received from the staff
  • Personal notes of the resident or family member written at the time or after the incident
  • Camera footage of the abuse taking place
  • Notes detailing conversations with the victim and nursing home staff
  • Testimonies from expert witnesses such as psychologists or medical professionals

Types of Recoverable Damages

An injured or abused victim may recover damages for:

  • Physical pain and suffering
  • Mental pain and suffering
  • Emotional distress
  • Cost of necessary medical treatment

Contact Us

If your loved one has been injured or has suffered abuse in a nursing home facility, you have the right to seek compensation for your loved one’s injuries. At Finkelstein & Partners, LLP, our experienced nursing home abuse lawyers can assist you in the investigation and prosecution of your case. To contact one of our lawyers, call 1-800-529-2676 or email [email protected].