How do I prove Nursing Home Neglect Abuse?
The Law Offices of Kim Parker Describe How to Definitively Prove Nursing Home Neglect Abuse?
Do you have a loved one in a nursing home whom you suspect is being neglected? Do you need help proving this? Do you want to take this nursing home to court? If this describes you, read this highly informative blog. Information contained here comes courtesy of Maryland nursing home negligence lawyers in the Law Offices of Kim Parker.
What Should Your First Step Be?
The first thing to do is contact a Baltimore nursing home negligence lawyer such as the Law Offices of Kim Parker. They can advise you of the proper procedures for filing a claim against this nursing home.
Gather Your Evidence
This is perhaps the most crucial part of all says the Maryland nursing home abuse attorney. You must have conclusive evidence that your relative or spouse is being neglected. Do you have any type of contract from when this person was admitted into this nursing home? What is your proof that neglect has occurred?
The Nursing Home’s Contract
When you first arrange to place your loved one in a nursing home, there should be a contract. This contract should clearly state the policies of that nursing facility and their care routine for a patient. If your loved one required special care, that should also be stated in this contract. If you do not have such a contract, it may be difficult to prove neglect.
What Kind of Proof Do You Need?
According to the Law Offices of Kim Parker, noted Maryland nursing home neglect attorneys, the following should be furnished by you to the attorney:
- Nursing home records
- Medical records for the patient
- Photographs that illustrate neglect
- Statements from witnesses
- Concrete documentation of abuse or neglect
- License records and inspection statements
- Coherent complaints from the patient
- Any written notation of the neglect or abuse
- This patient’s contract
- Evidence that the contract was violated
What were the Duties of This Nursing Home?
Again, these should have been thoroughly described in the initial contract. The court for your hearing will want to know specifically what legal duties the defendant promised to the plaintiff.
Next, the judge will want to know exactly how the defendant violated this contract. Your lawyer will assist you in the disclosure of what was contractually expected of this nursing home, even if you do not have a contract.
Was There a Breach of Duty?
This is where your Maryland nursing home abuse lawyer, the Law Offices of Kim Parker, will come in. Your representative will do a complete investigation to uncover the answer to this question. Do make sure you have a lawyer before you take legal action against this particular nursing home.
Is the Nursing Home Legally to Blame for Injuries to This Patient?
This is also known as the causation of any injuries to the plaintiff by the defendant. Once again, you had better have conclusive proof of this. Otherwise, you could be hit with a defamation lawsuit and possibly perjury charges.
The evidence must show to the presiding judge that the defendant caused the injuries to the plaintiff in order to receive a favorable ruling. This is a huge reason to hire a Baltimore nursing home negligence attorney. Do not go into court without one.
Spell Out All Damages Incurred By the Patient
This is another avenue where the judge will want details. In your lawsuit, you must describe every single injury sustained by your relative in that very nursing home. Do not leave anything out! This is NOT the time to be nice and feel badly for the defendant.
Your lawyer will also help you decide on a monetary amount you wish to recover from the defendant. If the injuries were minor, you cannot expect to recover very much. Your figures must be reasonable. You do not want the court to be able to dismiss the case based upon an unrealistic expected monetary amount.
Other Ways Your Baltimore Nursing Home Abuse Lawyer Will Help You
Your firm, the Law Offices of Kim Parker, will let you know from the outset if you have a legitimate claim against this nursing home. He or she will ask you a series of pertinent questions to determine this fact.
If it is established you do have a case, remember you are doing this for your loved one. Do not lose sight of this and expect you will benefit from a favorable ruling. Keep your relative or spouse in mind at all stages of the case. Good luck to you and the plaintiff.