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Nursing home abuse is usually proven through documentation and records obtained from the nursing home. Alternatively, a lack of records may be used as proof of neglect, abuse, or substandard care.
Documentation of injuries and interviews with witnesses are also helpful, and your attorney can help you collect and preserve this evidence for a settlement or a trial.
Nursing home abuse can occur as a single, noticeable incident. It can occur gradually over a period of time, where improper care ultimately results in injury to the patient. In light of this, it is very important to determine when the abuse began so that the abuse can be addressed in a lawsuit without missing the statute of limitations.
The moment you suspect that your loved one is being abused or neglected, reach out to an attorney for representation and help in collecting evidence.
Oftentimes, an injury may be visible. This can take the form of bruising, broken skin, sores, and other injuries. Photograph these injuries as soon as possible. Your attorney can also reach out to witnesses who can verify the abuse and the timeframe in which the abuse occurred.
A nursing home patient is entitled to the same types of damages that any other personal injury victim would be entitled to. This includes compensation for medical bills, rehabilitation, and the mental and physical pain of neglect and abuse.
A typical excuse from a nursing home is that the patient entered the facility already in poor health and that nothing could have been done to prevent their further deterioration.
While it is true that most people in nursing homes are there because of an infirmity or failing health, this is no excuse for nursing home staff to neglect or abuse your loved one. It is illegal and unethical for staff to do anything that speeds a person’s demise or injures them further.
Our firm represented a patient who was taken from a nursing home to a hospital emergency room due to severe malnutrition and dehydration. The patient was in such poor condition that they had to be hospitalized for three weeks before returning home.
After obtaining records from the nursing home facility, these records indicated that the patient was eating three meals a day and consuming 100% of their food and beverages. However, nursing home records also documented that the patient’s healthy eating habits continued at their facility for the three weeks the resident was hospitalized and not even present.
This made it obvious that these records were simply being fabricated automatically for the resident, and the nursing home lost the case. That was a jury trial and helped drive home to me the importance of carefully scrutinizing records for falsifications and impossibilities.
For more information on Elder Abuse In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 332-8188 today.