How Can I Prove Nursing Home Injuries with Evidence?

 Posted on December 17, 2021 in Personal Injury

People who have loved ones in Illinois nursing homes frequently suspect that something is amiss with the standard of care the nursing home provides, but suspicions and accusations are usually not enough to make a nursing home take action. Yet residents have a legal right to receive an appropriate standard of care; if a facility is not clean, safe, and residents are not given the right assistance with their daily life, what can you do? Worse yet, if you fear your loved one is being abused or neglected, how can you take immediate action to keep them safe?

When residents are emotionally abused, seriously injured, or killed because a nursing home neglects or abuses residents, you may want to file a lawsuit against the nursing home. To do so, however, you will need to have evidence to support your claims. Here, we will examine common kinds of evidence that can be used to show a nursing home acted wrongly against your loved one.

Nursing Home Staffing Problems

Unfortunately, the low pay and difficult conditions of employment in nursing homes mean that the staff working in nursing homes are often overworked and dissatisfied with their jobs. This means that subpar staff may be hired to replace frequently burned-out workers, and neglect or abuse may be left undetected for a long time. Documents can be obtained from nursing homes that may show evidence of staff-related problems: staff schedules and logs, patient charts, payroll documents, and visitors’ logs may all be used as evidence of insufficient staffing or substandard hiring.

Eyewitness Testimony

Anyone who can verify, first-hand, that abuse or neglect occurred can be deposed or called to testify in court about the conditions in a nursing home. Testimony in nursing home abuse and neglect cases frequently comes from current and former staff members, other residents, doctors and nurses, and visitors. Family members can also testify about their loved one’s treatment and living conditions.

Eyewitness testimony can be buttressed by keeping detailed records of any evidence or abuse and neglect. Photographs, notes, recorded interviews with nursing home residents, and any other detailed records can help support a claim. As soon as you begin to suspect something is wrong, it is important to begin documenting evidence.

Medical Records

A patient’s medical records can show that a patient’s physical condition deteriorated after entering a nursing home. Although elderly residents often have worsening conditions through no fault of the nursing home staff, certain injuries or illnesses can be used as evidence of neglect or abuse - bruises, bedsores, fractured or broken bones, or records of mis- or over-prescribed medication may all be helpful.

Speak with a DuPage County Nursing Home Injury Lawyer

Nursing home negligence can have serious consequences for the people we love the most. If you fear your loved one has suffered because of nursing home abuse, or neglect, consider getting the help of an experienced Bloomingdale, IL nursing home injury attorney with Mevorah & Giglio Law Offices. We have a proven track record of helping our clients successfully pursue justice and financial damage to remedy their suffering and losses. Contact us today to schedule your free initial consultation and find out more about your case. Call us at 630-932-9100.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1225&ChapterID=21