Nursing home abuse cases have become common in the US. Every year more than 2 million cases are reported across the country. Around 10 percent of elderly individuals experience some type of abuse in nursing homes.
If you’re filing a nursing home abuse lawsuit for your elderly loved one, you must know exactly what is considered an abuse in the context of nursing homes, and also how to prove damages in the court. This will be a focus of this article.
Understanding Nursing Home Abuse
Nursing home abuse means intentionally causing injury or harm to a patient that results in physical or emotional pain. Here are some of examples of nursing home abuse:
- Unreasonable confinement
- Any punishment resulting in physical pain or impairment
- Striking with objects
- Deprivation of goods and services that results in mental anguish
The caregiver should have carried out the above actions willfully, with the intention of causing physical or emotional harm to the patient. Physical harm also includes sexual abuse or non-consensual and inappropriate behaviors such as indecent exposure, undesirable touching, molestation, or rape.
In addition, nonverbal acts such as intimidation or attempts to harass and humiliate the individual are also considered nursing home abuse.
How to Prove Damages in the Court?
You must show hard evidence that clearly proves that the elderly individual suffered harm in the nursing home. The evidence should clearly prove the guilt of caregivers without any reasonable doubt. Proving the case is relatively easy in case the elderly individual had suffered physical injuries. You can show photographs of the bruises and other signs of abuse.
Unfortunately, not all abuse cases involve physical injury. Emotional abuse and intimidation are hard to prove in the court. You need to present testimonies of witnesses that could be other patients, psychologists, or medical professionals. Without the help of an experienced personal injury attorney, you will not be able to efficiently collect the required evidence.
A professional personal injury lawyer will help you marshal the evidence that will maximize the chances of a successful court outcome. The attorney will help you gather doctor’s reports, eyewitness testimonies, and security footage that will be sufficient to prove damages.
Contact Professional Personal Injury Lawyer in Inland Empire
If your senior family member has been a victim of nursing home abuse, you should contact a San Bernardino personal injury lawyer. Our personal injury lawyers in Inland Empire will evaluate your case and offer the best advice regarding your case.
We understand the pain and anguish suffered in case of nursing home abuse. That’s why our professional lawyers go the extra length to ensure that you get the best representation in court and also a successful court outcome.