When neglect, abuse or negligence takes place in a nursing home, patients or their family members may be able to pursue a medical malpractice claim against the facility.
On the whole, a nursing home owes its residents a high degree of care. They are entrusted to take care of the world’s most vulnerable, which is why it is so devastating when abuse, neglect or negligence lead to injuries or deaths. The facility is meant to be there to care for people with disabilities as well as the elderly.
The trouble with making a claim is that it can be difficult to prove a complaint against a nursing home.To prove a claim, you’ll need proof of losses and suffering that resulted in the facility’s conduct. For example, you may want to show:
- Possible future expenses
- Pain and suffering because of injuries that were suffered under the nursing home’s care
- Actual expenses for medical care, laboratory fees, medications and other medical necessities
- Harm from mental anguish or lost sleep
- The past and future impairment of the ability to enjoy life because of the injuries suffered
What kinds of evidence should you provide to the court?
Any evidence you can collect to back up your assertations will be important. For example, if you claim that a nurse pushed your mother down and have a video to prove it, then that is excellent evidence to present to the court. Similarly, medical records showing trauma was likely abuse or caused by another person would help your case, too.
Our website has more information on what to do if you’re planning to file a lawsuit against a nursing home. It can be tough, but with good supporting evidence, you can make your case.