5 Kinds of Evidence That May Strengthen Your Nursing Home Abuse Claim

If your elderly loved one was neglected or abused by nursing home staff, you may be able to hold the facility accountable for any and all damages. While taking legal action won’t undo what happened, it could at least yield the funds your family needs to arrange for exceptional care elsewhere.

In order to recover such a payout, though, you’ll have to build a strong claim, which will probably demand at least some of the following pieces of evidence:

1. Medical Records

Chances are the victim’s medical records—including diagnostic images, hospital logs, and photographs of any visible wounds—will provide the foundation for your claim. When nursing home residents don’t receive adequate attention from staff, they can suffer from malnutrition and develop bedsores. Likewise, victims of physical abuse will probably sustain injuries that are impossible to ignore, including fractures, bruises, and lacerations.

2. Nursing Logs

Your loved one’s nursing logs—assuming they haven’t been altered—should document every clinical interaction he or she has had with the providers on staff. Depending on their contents, such logs could prove to be invaluable when attempting to highlight a pattern of neglect.

3. Deposition from Eyewitnesses

If other residents—or their visitors—saw staff mistreating your loved one, their testimony could bolster your claim. In order for such statements to contribute to your case, though, they’ll have to come from cognizant individuals. If the only parties who witnessed the neglect or abuse have dementia, for example, their testimony probably won’t be all that reliable.

4. Surveillance Footage

If the nursing home has a working surveillance system, some of its footage could corroborate your allegations. Should any such footage exist, however, the facility is unlikely to release it without legal pressure since it will inevitably implicate them. Thankfully, a nursing home abuse attorney can file the subpoenas needed to obtain the recordings in question.

5. Receipts, Invoices, Evaluations & Statements

While the kinds of evidence listed above will help you prove liability, that’s just half the battle when it comes to building a winning nursing home abuse claim. In order to recover a payout, you’ll also have to demonstrate damages.

Your lawyer will review the circumstances surrounding the neglect or abuse—and its aftermath—to determine what kinds of damages your family may be able to seek. Then, he or she will help you determine how to prove them.

Generally speaking, you’ll need to present documentation for all economic damages, which might include medical bills and the costs associated with relocating the victim. As for proving non-economic damages, which include pain and suffering, you may need to present psychological evaluations. Statements from friends and family members can also help.

Call 800-770-7008 for a Free Consultation with a Minneapolis Nursing Home Abuse Attorney

At Bradshaw & Bryant, we take nursing home abuse seriously. If your loved one didn’t receive adequate care—or was downright abused—at his or her nursing home, we’ll help you gather the evidence needed to take action against the facility. To schedule a free initial consultation with a nursing home abuse lawyer in Minneapolis, complete our Online Contact Form or call 800-770-7008.