If your loved one received anything less than quality care from nursing home staff, your family may have grounds for legal action. Although filing a claim won’t undo the neglect or abuse your relative experienced, it may at least yield the money needed to make alternative arrangements for him or her.
Let’s take a look at the kinds of evidence that may help you recover such a payout:
1. Medical Records
When nursing home residents are neglected, they can develop bedsores and suffer from malnutrition. Over time, these issues—and any associated complications—will inevitably appear in their medical records. Likewise, those who are physically abused will probably sustain bruises, lacerations, fractures, and other impact injuries, all of which should eventually be noted in their medical records.
2. Nursing Logs
In long-term care facilities, there’s always some kind of tracking system that documents every clinical interaction the residents have with the staff members. Assuming they haven’t been altered, these logs could be incredibly valuable if they demonstrate a pattern of neglect or abuse.
3. Eyewitness Deposition
Even if you never witnessed any neglect or abuse firsthand doesn’t mean other parties didn’t. Depending on the circumstances, other residents—or those who visited them—may have seen nursing home staff hurt your loved one. Since eyewitness testimony becomes less reliable as time goes on, however, it’s imperative to obtain statements as soon as possible.
4. Surveillance Footage
Footage captured by surveillance cameras in the facility may help corroborate your claim. Of course, if any such footage implicates the nursing home, they’re unlikely to release it without legal pressure. Thankfully, a resourceful personal injury firm can file the subpoenas needed to gather any and all available recordings.
5. Photographs
Photographs often contribute to nursing home abuse claims. If the victim was neglected, for example, images of his or her room could demonstrate the staff’s failure to provide adequate accommodations. Photos of any visible injuries could also bolster your case.
What About Damages?
The kinds of evidence mentioned above will primarily help you prove liability. In order to recover a payout, though, you’ll also have to prove that your family incurred damages as a result of the facility’s negligence.
In Mississippi, nursing home abuse claims can yield funds for medical bills, pain and suffering, and other associated losses. Depending on the circumstances, a punitive award may also be warranted.
A knowledgeable personal injury attorney can evaluate the situation to identify which damages your family is entitled to and how to go about proving them. Generally speaking, you’ll need to present relevant bills, receipts, invoices, and insurance statements to demonstrate economic damages. As for demonstrating non-economic damages, psychiatric evaluations, journal entries, and statements from friends and loved ones can help.
Call 601-487-8448 to Speak with a Nursing Home Abuse Lawyer in Jackson
If you think your loved one was the victim of nursing home abuse, turn to Brown Bass & Jeter, PLLC to determine how to proceed. Our tireless team will provide the strategic advice you need and the personalized attention you deserve. Call 601-487-8448 or complete our Contact Form to schedule a free case review with a nursing home abuse attorney.
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