5 Kinds of Evidence That May Strengthen Your Nursing Home Abuse Claim

June 14, 2021
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If you’re planning on taking action against a long-term care facility for neglecting or abusing your loved one, the outcome of your claim will hinge on the strength of the evidence you present. In order to have the highest chance of prevailing, you’ll have to compile proof of both liability and damages.

While the most valuable evidence that contributes to your case will ultimately depend on the circumstances surrounding the transgression, it will likely include the following:

1. Eyewitness Deposition

If other residents—or their visitors—witnessed staff neglecting or abusing your family member, their testimony could bolster your claim. And as long as the victim is fairly coherent, his or her own telling of events could also contribute to your family’s case.

2. Surveillance Footage

Depending on where the incidents occurred, they may have been captured by surveillance cameras. Of course, if such footage does exist, it may implicate the facility. As such, administrators will probably be unwilling to turn it over to you. Thankfully, your personal injury attorney can apply the legal pressure needed to obtain it but early involvement of counsel is critical to preservation of this evidence.

3. Standard Operating Procedures

Does the nursing home fail to vet their future employees properly? Are they consistently understaffed, so some residents are always neglected during every shift? If their standard operating procedures don’t account for all the needs of the residents, you may be able to use this to support your claim.

4. Photographs of Any Visible Wounds

If the victim was neglected by nursing home staff, photographs of any associated bedsores will strengthen your case. Likewise, if he or she was physically abused, photographs of the resulting bruises or lacerations will prove valuable.

5. Medical Records

The victim’s medical records could end up being the strongest pieces of evidence you present. Examples include nursing logs, hospitalization documents, and diagnostic images. Depending on their content, such records may illustrate both liability and damages.

What Kinds of Damages Can My Family Seek Once We Gather the Necessary Evidence?

As long as you can prove that the facility did, in fact, neglect or abuse your loved one, your family may pursue compensation for many forms of resulting damages. Examples include the costs associated with:

  • Any medical care needed as a result of the transgressions;
  • Ongoing rehabilitation;
  • Relocating the victim;
  • Home care; and
  • Reasonably necessary home and vehicle modifications.

South Carolina also allows for the recovery of non-economic damages. These encompass the intangible losses that the victim and your family has suffered as a result of the neglect or abuse. Examples include pain and suffering, depression, anxiety, psychological trauma, mental anguish, and loss of enjoyment in life.

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

If your loved one hasn’t been receiving adequate care at his or her nursing home, contact Hodge & Langley Law Firm to explore your options. Our compassionate team has more than 50 years of collective experience in the legal field. Call 864-585-3873 or fill out the Contact Form on our website to schedule a free consultation with a nursing home abuse lawyer in Spartanburg.



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