Nursing home abuse is a serious act of negligence that can lead to physical and emotional harm. When an elderly nursing home resident is a victim of nursing home abuse, they may not only have the right to file criminal charges against the caregiver or/and the institution but civil charges as well.
Civil charges can result in damages for pain and suffering, and future and past medical expenses related to the harm. To recover damages in a civil action, here’s some of the evidence that you’ll need to prove nursing home abuse:
Evidence of Negligence
Negligence is the building block of all civil actions and refers to an act of wrongdoing. In terms of medical malpractice/nursing home abuse, negligence means doing something outside of what’s considered reasonable or responsible, and that violates the medical standard of care.
Examples of nursing home abuse negligence could be one of these things.
- Withholding food or medication
- Physically abusing a patient
- Mentally abusing a nursing home resident
- Taking money or assets from a nursing home patient
- Failing to bathe a resident
Evidence of this may be found from cameras, the patient’s testimony, or other witnesses testimony. Often, proof of negligence is very apparent based solely on the patient’s physical, mental, or emotional state.
Evidence of Damages
The second type of evidence that you’ll need to prove the nursing home abuse is proof of damages.
Damages are the harm that the patient has suffered.
- Bruises, cuts, lacerations
- Financial losses (financial exploitation)
- Weight loss
- Decline in physical or mental state
Evidence of Causation
Finally, causation is the last thing that you’ll need to prove. Causation means that the negligence was the direct cause of the damages. Evidence of causation may include a combination of the sources of evidence listed above: witness testimony, medical reports, or even video footage. If causation cannot be proven, then the nursing home (or nursing home employee) will most likely not be held liable for damages.
How an Attorney Can Help
An attorney can be critical to gathering evidence to prove negligence, damages, and causation. From interviewing nursing home patients and employees to collecting evidence, you need a committed attorney familiar with how elderly care facilities run. We suggest that you call Cordisco & Saile LLC as soon you notice signs of abuse. Reach Cordisco & Saile LLC via contact form or phone at 215-642-2335.