Nursing home abuse is one of the most dangerous situations elderly people are exposed to. This is due to how challenging it is to notice negligence in these facilities.
Even if family members determine there was emotional or physical abuse in nursing homes, they still need to prove it, which is not something easy. What can people do to prove nursing home negligence in Long Island, New York? This page has all the answers.
Readers will learn how to prove nursing home abuse and what to do afterward. Anyone looking forward to getting legal help can hire the Law Office of Carl Maltese.
This law firm has gotten millions of dollars for its clients since 1966. It focuses on personal injury cases, and it works with experienced lawyers who will get their customers the nursing home abuse settlement they deserve. People can call to schedule a free consultation. They can also assist with how to prove fault for a work injury in NY.
What Do People Need to Prove Abuse in Nursing Homes?
If someone wants to prove nursing home negligence, they must understand specific terms related to what these facilities are legally required to do.
Healthcare providers have the legal obligation to give the elderly the reasonable care they need. That's called duty of care.
Nursing home abuse happens when there is a breach of that duty. The workers there don't even need to willingly hurt the residents. They will be liable for negligence if they fail to provide them with the legally required care and safety standards.
Legally, breach of duty is only nursing home abuse when that negligence directly damages nursing home residents emotionally, physically, or financially.
Whether the nursing home abuse is intentional or not won't determine if it's legally considered negligence. However, that could affect the victim's compensation rate.
If the case becomes a criminal matter, intentionality is also essential for the judge to choose the penalty for nursing homes and their workers.
In a nutshell, to prove nursing home negligence, victims or family members must prove there was a breach of the duty of healthcare providers. Likewise, they have to show that the negligence or abuse they are proving directly caused the pain the victim is going through. For more information, a personal injury attorney may be able to help.
How to Prove Fault for Nursing Home Abuse in New York
Family members of victims of nursing home abuse can sue the healthcare facility to get compensation for what happened. Regardless of that, they need to understand what they must do to prove the negligence occurred in the first place.
This could be something tricky, but victims should be alright if they get help from a nursing home abuse attorney. They are experienced in these cases and know where to find the right evidence.
That being said, below are the main ways to prove fault for nursing home neglect, abuse, or negligence:
Gather Evidence
Although this page is about how to find evidence in a nursing home negligence case, the truth is that this is an important part of any personal injury matter.
What changes between these situations is what works as strong evidence under the specific circumstances the victim is going through.
Medical records are a good start for people looking forward to proving nursing home negligence. That includes doctor's notes, test results, X-rays, and treatment plans. Those should show the physical state of the victim before, during, and after the abuse.
If the victim has several bruises without any history of that in the medical records, lawyers can use that as evidence in a nursing home abuse claim. That will help the judge determine the medical expenses the final settlement should cover.
Videos and photos are strong evidence in any kind of case. Lawyers could get a warrant to check the nursing home's security tapes, for example. That will only help, as long as it shows signs of malnutrition, unsanitary conditions, or bedsores.
Nursing homes often have incident reports. Lawyers should try to get access to those reports, as they could include information about nursing home neglect or abuse.
While those are the main pieces of evidence people can get for a nursing home abuse claim, they are not the only ones. Anything that proves the harm residents go through and the breach of duty of a healthcare facility will be useful in a trial.
Look for Signs of Abuse
As mentioned before, what makes emotional and physical abuse in a healthcare facility dangerous is how difficult it is to notice it's happening. Therefore, people need to keep an eye on any signs of pain in a nursing home resident.
The first problem people often notice in nursing home patients is unexplained injuries. That includes bruises, cuts, or fractures that couldn't have happened under regular circumstances. Bedsores are a good sign of that, too.
Weight loss, poor skin condition, and excessive thirst are clear signs of malnutrition or dehydration. Likewise, dirty clothing shows that the sanitary conditions of the nursing home facility are poor.
Apart from physical damage, nursing home negligence cases could leave emotional consequences, too. Sudden withdrawal or isolation could be a sign of it if that wasn't common in that person before.
Family members should ask a lawyer to start investigating the situation if they notice the resident is fearful or anxious around staff members. When abuse in nursing home facilities comes from employees or contractors, they often threaten the victim to make sure they don't say anything.
Financial exploitation is a common form of nursing home neglect and abuse. People can notice this problem if the resident has any missing valuables or if they make unusual or unexplained transactions.
Get Testimonials from Other Residents
If due to inadequate staffing or direct abuse, nursing homes make someone a victim of negligence, there are likely more residents going through that. It's easier to prove economic and non-economic damages if other people can support the victim's story.
Witness testimony will show the judge that many people are suffering in that healthcare facility. Even if that doesn’t prove abuse directly, it shows that there's something wrong with that nursing home.
Find Legal Representation
Getting legal representation is an essential part of any personal injury case. Lawyers are used to handling these situations daily, so they know what they can do to find the best option possible for their clients.
Family members can hire a lawyer even if they are just suspicious about the abuse. Attorneys will start an investigation to determine if that's true or if there's any other problem at hand.
What Can Family Members Do After They Discover or Suspect Nursing Home Abuse?
The first thing family members should do after discovering or suspecting nursing home abuse is take their loved one out of that place. Even if they are not sure that there's something wrong happening, it's better to stay as safe as possible.
Once they hire a lawyer, they can ask them to go to the facility and start an investigation. If they find evidence of abuse, they should sue the nursing home right away.
What the lawyer will do is file a formal complaint to the court and wait for their response. The court will let the other party know of the situation, and the legal process will start.
What Happens After Someone Proves Nursing Home Negligence?
When family members prove physical or emotional abuse and start the suing process, several things can happen. The defendant will most likely deny the allegations. However, that doesn't mean they have to go to trial.
Before that, the defendant and plaintiff have the opportunity to negotiate and get to an agreement themselves. If they fail to do that, they will go to trial and wait for the settlement the judge determines.
What happens if a judge determines there was nursing home abuse? The facility can face civil penalties, criminal charges, or lose its license to operate. Everything depends on the severity of the case.
Final Thoughts - Nursing Home Abuse Lawyers for Hire in Long Island, New York
Anyone looking forward to filing a nursing home negligence lawsuit needs to know how to prove that abuse or neglect happened in the first place. The best way to do this is by gathering evidence, getting testimonials, finding legal representation, and looking for signs of abuse.
Regardless of that, family members won't file a nursing home abuse claim by themselves. They need help from a professional personal injury lawyer who can take care of the situation. These attorneys will handle all the paperwork, build a legal strategy, and represent their clients in a trial if necessary.
The Law Office of Carl Maltese takes personal injury cases in Long Island, New York. If a nursing home violated someone's rights or harmed them in any way, victims can hire this law firm to sue them.
Although this won't make past abuse disappear, it will give family members and victims justice for the resident's injuries. New York nursing homes shouldn't keep harming people. It's time to make them stop.
Victims of this problem should call the Law Office of Carl Maltese right away to schedule a free case evaluation. Once there, they can discuss future case strategies.
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