Nursing Home Abuse
There are many elderly people living in nursing homes these days, and it is because their loved ones are unable to provide them with the care they need and believe that the staff at the nursing home can do so. Many elderly people have medical conditions or they may be mentally unfit to take care of themselves. When this is the case, their children or grandchildren may not be in the position to take care of them.
However, while we would like to believe that the staff at a nursing home will do everything in their power to keep their residents happy and healthy, this is not the case for every resident. Unfortunately, some nursing homes abuse their residents in various ways, whether it is through negligence or financial, emotional, physical, or sexual abuse. If you believe your elderly loved one has been a victim of any of these types of abuse at their nursing home, you should not hesitate to contact a lawyer as soon as possible to discuss a lawsuit.
What typically happens?
When you bring a legal claim forward, you should understand the process and learn how to prove damages. The steps that will likely happen are:
1. Filing a complaint with the local county court.
2. The nursing home will then respond to the lawsuit.
3. You enter the “discovery phase.”
4. Both parties either resolve the situation outside of court or the case goes to trial.
What do you need for a lawsuit?
To prove your case, you will first want to make sure you have a nursing home abuse lawyer on your side. Many people might believe they can simply present their evidence to a court and make their case, but a nursing home abuse lawyer will be familiar with how these cases typically go and what kind of evidence will be the strongest. Because you are the one bringing the case forward, you will have the burden of proof. When you show that a nursing home abused your elderly loved one, you will have a few things to prove.
- The nursing home owed your elderly loved one a duty of care.
- This duty of care was breached in some way (either they did not do something they should have been doing or they did something they should not have done).
- The breach of care caused your loved one to become harmed.
It is imperative that you provide solid evidence when you bring this type of case forward, you want to make sure you document your loved one’s injuries, how they have progressed, and what type of medical treatment they have received for them.
What kind of damages can I win?
There are several types of damages that you may win in this type of suit, including emotional distress, pain and suffering, and the cost of necessary medical treatment.