What Evidence Can Help Prove Your Loved One Is Being Abused or Neglected in a Nursing Home?
If you suspect your loved one is the victim of abuse or neglect in his nursing home, and talking to the staff or supervisors doesn't resolve the problem, this may cause extreme frustration and even anger. In this situation, you may need to contact an attorney to help you stop the abuse. In addition, legal assistance may help obtain compensation your loved one deserves for the physical and emotional injuries he suffered.
To be entitled to compensation, you must prove your case—including that the negligent treatment occurred. What evidence can help you do this?
Evidence That Can Establish Abuse and Neglect
To compile evidence for your case, sort through information you kept when you first suspected there was a problem. This may have included keeping a diary with a record of the abuse, photographs of bruises or other injuries, and records of complaints you made to staff.
An experienced attorney can work with you to obtain additional evidence to prove your loved one’s case, such as:
- Statements from the resident and family members. If your loved one is able to communicate about his care, he could provide a wealth of information about how he was not treated properly. If your loved one's health makes it difficult to express his situation, or he's passed on, family members who witnessed inadequate care or the resulting injuries can provide insight.
- Nursing home chart. Your attorney will want to obtain a copy of your loved one’s entire nursing home chart. It may provide important information that points to or proves abuse and neglect. Some helpful information in this chart could include intake records, the resident's assessment, care plans, nurses notes, physician orders, medications, daily food and drink intake, activities, and more.
- Compliance surveys. Every year, nursing homes that accept Medicare and Medicaid are evaluated for compliance with OBRA standards—the federal guidelines for quality of care for nursing home residents. Nursing homes are required to develop a plan to correct any violations. This information could provide proof of the abuse and neglect.
- Medicare and Medicaid cost reports. Any nursing home that accepts Medicare and Medicaid funds is required to submit an annual cost report. If a lack of resources is an issue as to why your family member is being neglected, this report might provide prove of this.
If you believe your loved one is being abused or neglected in his nursing home, contact Morton Law Offices today by phone, or use the convenient form below. Your free consultation provides an opportunity to learn how we can help you stop the abuse and obtain the compensation your loved one deserves.