Damages for Nursing Home Abuse Neglect
Proving Damages Is an Essential Part of a Nursing Home Abuse Case
If your loved one is suffering because of nursing home abuse or neglect, contact Alonso Krangle, LLP to find out if the law allows you to collect monetary damages.
Our nation’s seniors are moving into nursing homes and other long-term care facilities in record numbers. Many of these people need the supervision, medical treatment, and daily assistance these homes are supposed to provide. However, more and more of our loved ones are suffering from injuries and abuse at the hands of caregivers. When injuries are the result of intentional abuse or the negligence of nursing home administrators, doctors, nurses, or other staff members, the victim may have a cause of action against the nursing home.
If you are considering whether to file a claim for nursing home abuse, neglect, malpractice or even wrongful death, consulting the experienced attorneys at Alonso Krangle, LLP is an excellent first step. We can help you through the entire process from investigating the facts and collecting evidence of damages, through negotiating a fair settlement. If litigation is the option you choose, we can file your lawsuit, establish liability, and help you recover an award that reflects the true nature of the damages and injuries. Our skilled nursing home abuse attorneys can evaluate your case and help formulate a course of action that can lead you to recover monetary damages as the law allows.
Establishing Your Claim Against a Nursing Home
Proving damages becomes an essential step in the lawsuit process. First, however, you must file your lawsuit and meet specific legal requirements. In a civil action for nursing home abuse or neglect, after filing your case, the parties will enter the discovery phase. During this phase, the parties exchange information, documents, and depose witnesses. Unless the parties settle during this phase, the case will be set for trial.
You and your lawyer will have to prove the legal elements of your claim. In many nursing home abuse and injury lawsuits, the injured party will have to provide evidence of the following:
- The nursing home owed a duty of care to the injured person
- The nursing home breached the duty by doing something they should not have done or failing to do something they were required to do
- The breach of duty resulted in or caused harm to the victim
If you can establish these facts, you have shown that the nursing home is liable for the injuries to your loved one. Therefore, the victim may be entitled to receive compensation.
What Types Damages Can You Receive?
The victim of abuse or neglect in a nursing home must also prove the specific nature of the harm they suffered. There must be real, measurable injuries if the victim is to collect compensation. It is not enough to show the nursing home was negligent. The negligence must have resulted in harm. Usually, damages serve to compensate for the following:
- Physical pain and suffering
- Emotional pain and suffering
- Emotional distress
- Medical costs and treatments
- Punitive damages
Proving Damages in Your Nursing Home Abuse and Neglect Case
Evidence that the victim suffered harm in a nursing home is not always difficult to prove. For example, when a resident gets injured in a nursing home, the staff may have to complete an incident report which may be used as evidence. Also, there may be a record of medical treatment or patient complaints. Of course, nursing home staff do not always comply with the reporting rules and regulations. These factors, when considered together, can help provide proof of damages (and negligence) at trial.
At times, in cases that involve nursing home abuse or neglect, it can be challenging to document evidence, especially when the injury is emotional or psychological. When a nursing home resident suffering from abuse is incapacitated physically or mentally, proving damages can become even more complicated.
Whether nursing home abuse is physical, emotional, sexual, or financial, it is essential to pay attention to the signs and preserve a record of anything that seems out of the ordinary. It may fall upon close family members, bystanders, and visitors to pay close attention and document anything that might be useful should a lawsuit become necessary.
Consider the following ways you can preserve evidence that can help your nursing home abuse lawyer prove damages and liability for your loved one’s injuries:
- Photographs of bruises, bedsores, scratches, rashes, or other injuries.
- Notes or summaries of meetings with nursing home staff discussing concerns, suspicions or incidents
- Notes on observations of the behavior of your loved one such as displays of anxiety, fear, distress, lethargy, or depression
- Notes on any physical changes in your family member such as weight loss, mobility, pallor or hygiene
- Medication information including the names, dosage, purpose and any changes in medicine or side effects
- Receipts for medical costs associated with injuries
Do not assume that the nursing home caring for your loved one is doing everything “by the book.” Be on alert for signs of abuse and neglect and record all of your interactions related to your concerns. Document the date, time, location, and your observations. If your family member is being harmed, this information will be very useful.
Contact our Nursing Home Abuse and Neglect Lawyers for Help
Alonso Krangle, LLP can help you and your family navigate the legal process to file a claim against the nursing home responsible for injuring your loved one. We have the experience and compassion to get you through this challenging time. Our goal is to help you recover the maximum damages the law allows. Call us today for a free and discrete case evaluation at 516-350-5555.