To prove nursing home negligence, gather evidence of sub-standard care in a nursing home. Evidence commonly includes medical records, photographs of dangerous conditions, records of care provided, and expert testimony. Pursue a legal claim, presenting this evidence when appropriate and following procedural rules. You may have representation from an experienced Greenville nursing home abuse attorney.
10 Steps To Prove Nursing Home Negligence
1. Understand what you must prove
It starts with understanding what you must prove. First, you must show that the nursing home acted unreasonably.
You don’t have to prove that they did it on purpose. Negligence, by its definition, is unintentional. But you must show that the resident received inadequate care. This is a flexible standard that is unique to each situation.
You need to show the facts of what happened. How was the resident treated? What happened? Who did what? You must also show that what happened amounted to negligence. That may require presenting evidence of what a reasonable standard of care would have been in that situation. Expert testimony is often necessary.
2. Identify acts of negligence
Understanding what constitutes negligence, identify what specific acts of negligence happened in your case. There may be a single act or a combination of events that failed to meet the reasonable standard of care. Identify what facts and events you will rely on to show that negligence occurred.
3. Get the evidence in your possession
Now that you know what you need to prove. It’s time to start gathering evidence.
Start with the evidence in your possession. You may have records from the medical care that was necessary because of the negligence. There may be photographs of injuries. You may have a broken medical device in your possession. You can make a list of people who may have knowledge and information.
Compile whatever you have that may be related to the nursing home negligence. Your own evidence is only the starting point, and it will probably not prove your entire case.
However, it can be a strong start to show that negligence occurred.
4. Build additional evidence
Gather additional evidence that may be available. This may mean talking to witnesses.
It can mean asking follow-up questions and getting statements. It may mean asking for more medical records. There may be evidence that you can gather without having to wait for a formal legal process.
5. Use the discovery process
Sometimes, witnesses are not cooperative. This is often true in nursing home cases.
Some evidence, such as employee records and activity logs, may be in the hands of the nursing home. Workers may be reluctant to speak. You can use the formal legal process to engage in discovery, which can provide access to valuable information to prove your case.
6. Engage the experts
Experts have specialized knowledge that can help you prove your case. For example, an expert can explain the standard of care and how the nursing home was negligent.
They may explain how negligence caused harm.
An expert can explain how the victim suffered because of what happened. Identify what experts may be needed for your claim. With an understanding of how expert testimony is admitted in court, prepare this evidence to prove your case.
7. Show causation
Proving negligence is only part of winning a case. You must also prove causation. Causation means that negligence was the result of harm to the victim. It isn’t enough for a dangerous condition to exist. You must prove that negligence was the cause of harm.
8. Address damages
Once you’ve proven negligence, you show your damages. Like the other elements of a claim, proving damages requires evidence.
Gather evidence to show what you deserve in compensation based on the types of damages allowed by law.
9. Pursue your case
Pursue your case. This may mean filing a claim in court, issuing a demand letter, or engaging in negotiations.
You must further your case through the legal process. When you file a case, it starts with preliminary proceedings, including discovery and pre-trial hearings. If you don’t settle, you may proceed to trial. There is probably important legal work to do leading to trial, such as securing favorable evidentiary rulings, jury instructions, and other things.
10. Put it all together
Proving negligence means presenting a complete case. Once you’ve gathered the evidence and filed your case, you must present it.
Evidence is an important part of proving the case, but it’s only part of it. You must also have compelling arguments. You must identify and respond to defense tactics.
As you prepare for how to prove negligence in a nursing home lawsuit, prepare for putting it all together to tell a complete story.
Admitting Evidence for Proving Nursing Home Negligence
Legal proceedings are governed by court rules, which aim to make the proceedings fair and uniform. There are requirements to admit certain types of evidence. As you prepare to prove nursing home negligence, you must be ready to meet the requirements for admitting evidence.
Making a Compelling Case
Proving your case doesn’t stop at having the evidence admitted in court. You must make a compelling case. Technology can help to present evidence in a way that is easy for the jury to follow. For example, you might make large prints of photos for a display board, or you may project images on a digital screen. You may need to do demonstrations or show an animation. It just depends on what evidence you have and how you can best present it to prove your case.
How a Lawyer Can Help
A lawyer can help you with these tasks to prove nursing home negligence. Robert “Bobby” Jones is an attorney experienced in nursing home neglect cases. He builds proof on your behalf. He understands how to present a case and meet the procedural hurdles that are important to make your claim a success.
Talk to a Lawyer
To talk to a lawyer about proving nursing home negligence and get legal help now, contact us.
