Understanding how to gather evidence and the type of documentation necessary to support a nursing home abuse case can empower you to build a strong claim. But how can you secure this information?
A good way to build a compelling case against a facility is to work with a Maryland nursing home abuse lawyer who can gather evidence. Most attorneys who handle these cases provide free initial consultations, including Jenner Law. When you connect with our team, we can assess your case and discuss your next steps.
How does an Investigation into Nursing Home Abuse Work?
If you see signs of nursing home abuse or neglect, you should begin gathering evidence immediately. You can:
- Take timestamped photos and videos of various concerns, including any deplorable living conditions, dirty bed linens, and injuries.
- Carefully document all unexplained (or poorly explained) bruises, lacerations, and bedsores your loved one displays.
- Take your loved one to the doctor for bedsores or fall injuries, ensuring they document the injuries and their cause.
- Obtain a complete medical record from their doctor as well as the record from the nursing home. (Often, discrepancies or missing information in the nursing home’s records show there was something to hide.)
If you speak to other residents or their families, ask what they have seen. Also, ask for their contact information, as they could serve as witnesses later in the case.
When Should I Call a Nursing Home Abuse Lawyer?
As soon as possible, you should enlist the help of a personal injury lawyer who handles these cases. You and your loved one will benefit greatly from having experienced and knowledgeable counsel on your side.
Some evidence is only available through subpoenas. This could include interviews with facility staff, testimony from other residents, or statements from other visitors who witnessed abuse or neglect. Some records also require subpoenas.
When you hire a nursing home abuse attorney, you can trust them to call in medical and legal experts as necessary to document the conditions and the abuse that occurred. This could include looking at the level of staffing, credentials of key staff, upkeep of the facility, and more.
For a free legal consultation, call,
(888) 585-2188
What Are the Signs to Look for to Show Nursing Home Abuse or Neglect?
While abusers often take great pains to hide their behavior, it may be possible to identify some clear signs of nursing home abuse. In addition, there are indicators of neglect that could cause you to question if your loved one is getting the care they need.
If you have a loved one in a nursing home, look for:
- Pressure wounds (bed sores/pressure ulcers), broken bones, burns, welts, cuts, and skin tears
- Sudden changes in behavior, especially around certain staff members
- Reluctance to be left alone with some staff members
- Malnutrition or dehydration
- Poor hygiene, dirty bed linens, and unchanged clothes
- Financial changes or charges for services they did not receive
What Is Nursing Home Abuse?
There are five general types of nursing home abuse. It is important you understand each one if you have an aging loved one living in one of these facilities. This is especially true if they have dementia or another cognitive or physical disability that could prevent them from telling you about their experience.
Types of maltreatment in nursing homes include:
- Neglect: Neglect occurs when the resident’s needs are not met. This can be unintentional, but nursing home administrators are still legally responsible for meeting all needs. Understaffed and overcrowded facilities make neglect more likely.
- Physical abuse: When a staff member, volunteer, visitor, or another party hits, shoves, restrains, or otherwise physically harms a resident, this is physical abuse.
- Sexual abuse: Unfortunately, sexual abuse can be a problem at some skilled nursing facilities. Residents cannot generally consent to any type of sexual relationship with a staff member or volunteer.
- Emotional abuse: Emotional abuse is one of the most common types of nursing home abuse. It could include name-calling, humiliation, threats, and more. It can cause significant psychological harm to the resident.
- Financial abuse: Residents could lose thousands of dollars if a staff member or volunteer uses their accounts without permission or if the facility bills them for services it did not provide.
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Nursing Home Residents Have Rights and Protections From Abuse
The rights of nursing home residents are set by federal law, OBRA 87. Some states also have laws that expand on these rights, stating that nursing homes should protect and promote residents’ rights. If the facility is Medicare or Medicare certified, residents’ rights should include:
- Being free from abuse and neglect
- Getting proper and timely medical care
- Being treated with respect
- Being able to maintain their dignity
- Having protections against transfer or discharge
- Managing their own money or naming a party to do so
- Getting accurate information on services and fees
- Having adequate privacy, property, and living arrangements
- Making complaints against the facility, staff, or administration
When a nursing home allows neglect or abuse to occur, it’s violating the resident’s rights. Knowing what to do to build a case can protect your loved one.
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Call Our Legal Team if You Suspect Nursing Home Abuse or Neglect
If you believe your loved one is suffering nursing home abuse and is in immediate danger, call 911. If there is no immediate risk, we recommend making the call to an attorney as soon as possible. Our nursing home abuse team can review your case for free and offer to represent your family based on contingency. Here, you do not pay upfront fees for representation.
At Jenner Law, our nursing home abuse lawyers aim to help clients get justice in even the most challenging and complex cases. We will investigate the abuse, gather evidence, and build a strong case to show what happened and the damages caused.
Contact us to get started today.
Call or text (888) 585-2188 or complete a Free Case Evaluation form