It is expected that the nursing home personnel and management will take good care of your elderly loved ones throughout their time in the facility. Unfortunately, there is a high rate of nursing home neglect of elderly patients. It is common that patients to report neglect, disease, infection, and even death.
You or a loved one can file a lawsuit against the nursing home if you believe that the individuals in charge of providing care for your loved one are harming them. It can be difficult to file a lawsuit against a nursing facility because it requires substantial evidence. However, if you have the correct legal representation, your chances of bringing a successful suit greatly increase.
Elements of Negligence
In any case of neglect, all four elements of negligence must be established in the lawsuit. The four elements of negligence require to bring a suit against a nursey home are:
- Duty
- Breach
- Causation
- Damages
The first element of duty is easiest to establish because all nursing homes owe a duty of care to their patients. Next, showing breach means that in some action or inaction, the care provider breached their duty of care. This can be harder to prove and will require a substantial amount of evidence. Causation, the third element, will also require the same amount of evidence because the party has to show that the health worker’s breach of their duty of care was the direct cause for the injury or death.
Finally, there must be some amount of damages to show. This is generally easy to show through medical records or evidence of injury that required some amount of care.
Showing Negligence Through Evidence
Documenting every aspect of your claim for abuse or neglect in a nursing home is the first step to a winning case. Seniors frequently conceal the fact that they are being treated unfairly. It will likely rest on the family to be alert for any possible indications of maltreatment and neglect. Any indications of abuse, such as stained clothing or bedsores, should be photographed.
Additionally, you ought to take pictures of the state of your loved one’s room and any shared spaces before, during, and after their stay. Document everything you’ve witnessed since you first suspected abuse or neglect, and make notes of everything your loved one and the staff say regarding their care. Specific dates and times, as well as recollections from other visitors, will significantly strengthen the veracity of your claim.
Difficulties in Bringing a Claim Against a Nursing Home
The California Department of Public Health (DPH) issues licenses to nursing homes, and they all must adhere to state requirements in order to maintain licensing. Because nursing homes are regulated by the state, it can be a little more difficult to bring a claim of abuse against them.
Additionally, the nursing home will probably want to downplay any wrongdoing and will make it challenging for you to gather witness statements and proof of the abuse or neglect. Additionally, residents can be too hesitant to speak up out of concern for staff and caregiver retaliation.
Hiring a Nursing Home Abuse Attorney
If you or a loved one has experienced nursing home neglect, contact experienced attorney Joel Bryant today for a free consultation regarding your case. Reach us by phone at (619) 597-2577 or through our online form.