4 Strategies for Building a Strong Nursing Home Abuse Claim

August 23, 2021
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Realizing an elderly loved one has been neglected or abused by the very people whom you trusted to care for them is utterly devastating. Should this be the situation you’ve found yourself in, you are not alone.

At nursing homes around the country, thousands of residents are neglected and abused by staff every single year. Thankfully, the victims and their families are not without legal recourse.

While filing a claim won’t undo what happened, it could provide help with funds needed to pick up the pieces in the aftermath. In holding the facility financially accountable, you can arrange for proper care for your loved one.

Although there’s no way to guarantee a claim will result in a monetary recovery, you can increase the chances of yours being successful by taking the following steps:

1. Preserve Relevant Records

Your loved one’s medical records will probably serve as the foundation of the claim. Important documents might include diagnostic images, nursing logs, and hospital intake forms.

At every appointment during which the victim is being treated for their injuries, request copies of all associated records, and make sure to keep them in a safe place.

2. Enlist Legal Help

If the facility learns of your suspicions, they may offer to conduct an internal investigation on the victim’s behalf. No matter how helpful or sympathetic they seem, try to remember that their primary financial incentives are adverse to yours.

Whereas the facility is incentivized to protect their staff, keep their bottom line intact, and preserve their representation, you want justice. As such, you cannot solely rely on the facility employees and owners to advocate for your family. An experienced nursing home abuse attorney, on the other hand, will work to protect your best interests every step of the way.

3. Log Recoverable Damages

Your family will only be able to recover funds for damages that you can prove you actually incurred. Following nursing home neglect or abuse, such damages might include:

  • Medical bills;
  • Relocation expenses;
  • Home care;
  • Home and vehicle modifications; and
  • Replacement services.

To ensure you’ll be able to pursue the maximum payout possible, save any and all documentation that corresponds to these damages, like invoices and receipts.

The victim may also be entitled to compensation for non-monetary losses like pain and suffering. While there may be limited physical documentation associated with such damages, they can be proven using journal entries, psychological evaluations, pictures, videos, and statements from loved ones.

4. Document Your Concerns

Why did you initially suspect neglect or abuse? Was your loved one malnourished? Did they have unexplained injuries? Whatever the cause, find a way to document the issues that prompted you to investigate in the first place.

Call 864-585-3873 to Discuss Your Case with a South Carolina Nursing Home Abuse Attorney

If your loved one was mistreated at their long-term care facility, the compassionate team at Hodge & Langley Law Firm will help you determine how best to proceed. Our attorneys have more than 50 years of collective experience in the legal field. To schedule a free case review with a nursing home abuse lawyer in South Carolina, fill out our Contact Form or call 864-585-3873.

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