Nursing home abuse can be especially difficult to prove. However, proving your case is critical to receiving the compensation you deserve.
As nursing home abuse and neglect lawyers, we know what victims must prove to make their case. We explain how to prove a nursing home abuse and neglect case.
Can a Nursing Home Abuse or Neglect Case Be Proven?
To prove a nursing home abuse or neglect case, the plaintiff must submit admissible evidence establishing negligence or intentional misconduct, an injury to the victim, causation between negligence and injury, and the victim’s damages. They may rely on a variety of witness testimony, expert testimony, medical records, employment records, photographs, and more to prove their case.
Proving a Nursing Home Abuse and Neglect Case
To understand how to prove a nursing home abuse and neglect case, it’s critical to understand that all the elements of the case must be proven. It’s not enough to show that the nursing home breached its duty of care if there is no evidence of an injury. Similarly, having an injury is not enough if there is no proof that it was the result of negligence or intentional misconduct on the part of a nursing home.
When proving a nursing home abuse and neglect case, all the following must be proven:
- Duty of care: The nursing home owed a duty of care to the victim. In all cases, a nursing home owes a duty of care to its residents. It may be sufficient to prove that the person is a resident of the care facility.
- Breach of the duty of care: A breach of the duty of care may be based on negligence or intentional actions. Negligence may result from affirmative actions or a failure to act.
- Causation: The wrongful act by the nursing home must be the cause of injury to the victim.
- Damages: A victim must identify their damages and prove the amount they deserve in compensation.
To prove these elements, the plaintiff must use evidence that is admissible using the South Carolina Rules of Evidence.
Evidence Used to Prove Nursing Home Abuse or Neglect
- Employee testimony: People who work at the home may testify about the abuse, training methods used, and personal experiences.
- Resident testimony: Residents may provide their observations, whether the victim or other residents witnessed the abuse.
- Family member observations and notes: Family members may provide helpful testimony about their observations. Even if they didn’t directly observe the abuse, they may have noticed behavioral changes and injuries that their family member endured.
- Third-party testimony: Volunteers and other visitors to the nursing home may have witnessed things that may be relevant to the case.
- Medical records: Medical records can verify injury and the severity of pain and suffering.
- Expert medical opinion: Expert medical testimony can be critical to tie the entire case together. The expert may explain the causation between the negligent actions and the resulting injuries. They can explain the victim’s prognosis, future medical care needs, and the suffering caused by their injuries.
- Records of the nursing home operations: Records kept by the nursing home may explain policy and procedure, practices used in a particular instance, training given to employees, and who was working at a specific date and time.
- Photographs: Photographs may explain injuries, show an accident scene or otherwise help the finder of fact visualize the evidence.
- Video: Surveillance videos and other video may show abuse occurring, the movement of people, and other significant events to prove the case.
- Diary or journal records: A victim or family member may keep insightful diary records that detail abuse, injuries, treatment, recovery, and suffering.
The evidence that is appropriate to use in a case depends on the specific circumstances of that case and the evidence that is available. It is important to create a legal strategy, discover what evidence is available and make the appropriate decision about what evidence to present. Our lawyers build evidence and prepare it for admission in each case.
Lawyers for Proving Nursing Home Abuse
Bobby Jones Law gives attention to detail in each case. We work diligently to prove nursing home abuse, gathering evidence and preparing a legal strategy that is unique to your case. Contact us today for a consultation with our friendly and professional legal team.
