Posted on Wednesday, January 8th, 2020 at 12:07 am
Nursing home abuse cases are especially emotional ones because we expect nursing home employees, managers, and owners to provide our loved ones the best care and attention possible. But when this trust is broken, or if an elderly loved one was injured because of the negligence of a nursing home caretaker, you have the right to file a claim for damages. A personal injury attorney can help you prove harm in a nursing home abuse case and win you the compensation your family deserves.
Taking Legal Action
Should you decide to sue the nursing home at which your loved one was injured, filing a civil lawsuit will be the best route to take. In this case, your lawyer can help you file a complaint with the county or state court clerk. The nursing home will respond to the complaint, and the two parties will enter into the discovery period, during which evidence and witness testimony will be evaluated by each side. Generally, the parties can reach an agreement out of court, but if not, they will go to court to resolve the dispute. Your attorney can represent you in court and present your evidence and argument against the nursing home.
Proving Nursing Home Abuse or Negligence
Proving a nursing home abuse or negligence claim requires demonstrating that the facility’s owners, supervisors, or employees were negligent in some way, and as a result, your loved one suffered harm. The elements that must be present:
- The nursing home had a responsibility to provide care to the resident
- The nursing home failed to uphold this responsibility (either by directly abusing the resident or indirectly harming them through negligence)
- As a result of the home’s breach, the resident suffered lasting harm
Proving these elements is usually an easy hurdle to jump since the home’s duty to care is spelled out in their contract. Your attorney can prove that the resident was harmed by showing medical documents and the injury incident report which should have been made by the nursing home staff.
Additionally, if a resident is being emotionally or physically abused, it is recommended that they document the abuse through diary entries and photographs, which can be used as proof in court.
Contact a New York Nursing Home Abuse Lawyer
The experienced nursing home abuse attorneys at Hach & Rose, LLP will be ready to help you put an immediate stop to any abuse or neglect suffered by a loved one in a nursing home. Call our office at (212) 779-0057 or reach out to us online to schedule your free consultation today.