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Elder Abuse and Neglect: Evidence to Prove the Nursing Home Is At Fault

Admin • May 20, 2017

Many different types of evidence can prove that your loved one was neglected or abused in a nursing home. Here are a few of them.

Elder Abuse and Neglect: Evidence to Prove the Nursing Home Is At Fault

Often, people send their aging loved ones to a nursing home. These homes are designed to provide care to seniors. Be it helping with cleaning or bathing; nursing homes help aging seniors live healthier, happier lives. Unfortunately, that is not always the case.
Sometimes, seniors do not get the care that they need, or even worse, they are abused. Known as elder abuse, this very serious offense is often swept under the rug. After all, it can be hard to prove that a nursing home neglected or abused an elder — but it doesn't have to be. With the right lawyer and a good set of evidence, proving nursing home neglect can be much easier than anticipated.
Many different types of evidence can prove that your loved one was neglected or abused. However, not all evidence is created equally. Some better types of evidence to have in your case include testimony, photos, and videos, as well contract issues.
Testimony
One thing that can help prove a case is a testimony from a qualified individual. These legal statements can help prove who was at fault for the neglect or abuse. Depending on who is testifying, a testimony might also prove that the damages are directly related to the abuse or neglect.
You can have anyone who has knowledge of the case testify. However, it's best to get someone qualified to testify. Some good candidates for your case include the following.
Therapists
Any therapist who has knowledge of the case should always be asked to testify. These individuals can highlight important information about the case, such as how your loved one has changed. They can also prove that the negligence or abuse affected the person mentally. For example, your loved one now may now have PTSD or depression.
Physicians  
Another good person to have to testify is a physician. Whoever usually treats your loved one is a good candidate. Your loved one's regular doctor can offer proof of physical neglect or abuse. A doctor can also explain issues with care, such as missing medication doses, hygiene issues or even malnutrition.
Eye-witnesses  
Finally, any eye-witnesses to the abuse or neglect should testify. These people saw and heard what happened, so they are always good to have on hand for your court case.
Photos and Videos
Another helpful item of evidence for nursing home neglect cases is photos and videos. Both of these items can help prove that a senior has been neglected, abused or otherwise harmed. While recorded videos showing the actual acts are far better for the court, they aren't the only acceptable type of photo or video evidence.
Images of injuries, such as bruises or scars, can certainly help prove your case. Photos of weight loss or hair loss can help prove undernourishment, while pictures of poor living conditions can help prove general neglect. If you notice any of things while visiting your loved one, snap a few photos. These can always be used if the case goes to court.
Contract Breach
Finally, it can also be helpful to double-check the contract. Since most nursing homes enter a contract with the residents, you might be able to prove your case that way. While this might sound odd, it's very effective. Contracts are legally binding, and if one party breaks the rules, the contract is often considered null and void. Plus, the fine print might also state that the nursing home is responsible for any issues with care.
Be sure to thoroughly read the contract, especially the parts about senior care, living standards, medication schedules and so on. If any areas of the contract aren't being upheld by the nursing home, highlight the document and bring it to a lawyer.
While proving nursing home neglect might seem like a tall task, it doesn't have to be. For more information about elder abuse or nursing home neglect,  contact the Law Offices of Janice Maloney today.
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