Proving Nursing Home Negligence

How to Prove Nursing Home Abuse & Get the Compensation You Deserve 

If you have a loved one in a nursing home, it pays to ensure they are not suffering from nursing home neglect or abuse. In general, the older your loved one is, the more likely they are to be abused by their place of residence, especially if they are female, suffering from dementia, or have mental disabilities.

Elder abuse is more than just physical; it can also be psychological, emotional and verbal abuse. Sexual and financial abuse, as well as abandonment all fall into the category of elder abuse. These types of abuse are often inflicted on someone when their caretaker feels as if he or she is isolated.

Nursing Home Neglect Statistics

The statistics are staggering when it comes to abuse in nursing homes. More than two million senior citizens are abused every year in the United States. Statistics prove that pressure ulcers have been inflicted on 10% of residents living in nursing homes.

Elderly individuals that have been abused are more likely to die at a younger age than they should, at a rate of 300%. However, when this happens, it can be difficult to pinpoint, as death certificates don’t generally reflect the deceased dying from neglect.

What Duty of Care Does the Nursing Home Owe to a Nursing Home Resident?

Nursing homes owe a duty of care to their residents as medical providers and as parties to a legal contract. The nursing home duty of care is to provide protection, safety, and care, and to avoid behaviors or conditions that could cause harm.

This is why the nursing home can be held accountable even if the injuries were caused by another nursing home patient, rather than a nursing home employee. Were residents properly supervised?

The resident and the nursing home have entered into a legal contract that specifies the amount and type of care and medical services the resident will receive in exchange for compensation, and is legally liable to provide that level of care and services. It's also responsible for operating a facility that meets federal and state standards, such as those found in the federal Nursing Home Reform Act of 1987.

Elders in healthcare facilities can suffer neglect, physical abuse, sexual abuse, psychological abuse, and financial exploitation.

Neglect is defined as failure to provide services essential to health and safety. This would include adequate and appropriate food, safe and hygienic shelter, appropriate clothing, adequate supervision, and prescribed medical care.

Physical abuse is the infliction of physical pain or physical injury. Financial exploitation in a nursing home is typically defined as the wrongful use of an older person's funds or property for profit or advantage.

Bringing an Elder Abuse Case to Court

After a serious nursing home injury occurs, families have every right to consider a personal injury lawsuit. Whether the injury resulted from lack of supervision, nursing medication error, or staff misconduct, the nursing home itself may be liable.

The specific claims in a nursing home lawsuit will depend on the type of abuse, the laws of your state, and whether the action was intentional or negligence. Filing the wrong complaint in court could get your case dismissed.

Work with a personal injury or elder law attorney to determine exactly what claim to bring in an elder abuse lawsuit. Provide the documentation you have been collecting. If you have already reported negligence or abuse to the state and they have investigated and issued a report, share that with the attorney.

Your attorney may file a case for:

  • Negligence: Failing to provide food, clothing, personal care, medical care; substandard building maintenance, lack of staff supervision, inadequate staffing
  • Negligent hiring: Hiring staff who lack appropriate licensure or training, or who have prior criminal records
  • Elder abuse
  • Breach of contract
  • Nursing home wrongful death

If your complaint involves a breach of the nursing home contract, there may be an arbitration clause. If that is the case, you will either have to enter into arbitration or you will need to go to court to first prove why that clause should not be enforced.

Evidence of Injuries and Neglect That Deserve Compensation

Your most important task, as an injured person or family member, is to provide as much evidence as you can regarding the existence and extent of injuries; This can be physical, mental, emotional, or financial injury.

You do not need to prove the cost of the injuries. That is the job of the nursing home abuse lawyer to investigate current and future costs so an accurate, thorough, and complete settlement agreement can be reached.

Sources of information to prove that physical injuries occurred:

  • The statements of the victim and witnesses (staff, residents or visitors)
  • Locations and a timeline of events
  • Descriptions and photographs of injuries
  • Medical records, if you have permission to access those records
  • Statements from the victim's medical providers
  • Emails or letters you received from the nursing home administration
  • The investigative report from the state agency
  • Statements of nursing home supervisors regarding the incident

A serious injury may reduce an elder's life expectancy. This question should be explored with a medical doctor.

Information to prove the financial cost of injuries:

  • Medical bills and rehab bills
  • Drug and medical equipment bills
  • The victim's finances (if you're in a position to do so)

Your personal injury lawyer will consult with doctors, rehab professionals, therapists, psychologists, and others involved in providing follow-up medical care to determine what will be needed in the future. Any money damages received will need to cover this future medical care.

Proof of Pain and Suffering

Such suffering is not less real at the end of life than it is at the beginning. Elders deserve equal compensation. Seeking counseling for the elder may be helpful in documenting:

  • Fear that limits the senior from engaging in activities they once did and that reduces their quality of life
  • Loss of enjoyment of life from depression, anxiety, or post-traumatic stress disorder (PTSD)
  • Past and ongoing pain
  • Difficulties with mobility
  • Loss of capacity

Get Legal Help with Your Nursing Home Negligence Case

Hiring elder abuse lawyers is not something anyone wants to do, but if the situation calls for it, elder abuse lawyers in Los Angeles are your best bet. They are experienced in fighting for the rights of abused senior citizens and will do the same for your loved one.

The first step is to have the elder abuse reported, which can be done by contacting your local police department or calling Adult Protective Services. Once the abuse has been reported you can meet with a lawyer for a consultation on your case. They will walk you through the process of taking the nursing home to court.

Elder abuse lawyers will answer any questions you have about the process of pursuing justice. They will build a case against the nursing home in question and will fight to get justice.

Hiring an elder abuse lawyer is the best way to protect your loved one from further abuse. With so many cases of it going unreported in the United States it is important to hold guilty nursing homes responsible for their actions. Your lawyer will ensure that your loved one’s story is heard.

There is a time limit for bringing a case to court. Get professional legal help from an elder abuse attorney today.

Get an Expert Evaluation of Your Nursing Home Abuse Claim

If you have concerns about nursing home conditions, time may be of the essence especially when the victims are in a fragile state. There are a variety of resources available, but perhaps the most effective way to stop the abuse is by enlisting the help of an attorney.

If you're still not sure whether you have a valid claim, consider getting a legal evaluation from a local attorney as soon as possible.

Our Personal Injury & Elder Abuse Attorneys Can Help

If your loved one has been injured or neglected due to someone else’s poor behavior, you deserve an experienced elder abuse lawyer to fight passionately by your side. Our dedicated attorneys will protect your legal rights and help you recover the compensation you deserve.

For a free initial consultation and dedicated representation, contact us by phone at (323) 999-3500 or by email at office@gutierrez.legal at any time.

Elder Abuse Lawyers in Los Angeles

Our attorneys at the Law Offices of Oscar H Gutierrez have 40+ years of combined litigation experience in handling personal injury and elder abuse cases in California, and will guide you through the legal process.

At the Law Offices of Oscar H Gutierrez, we're fully equipped to handle your case with:

  • 40+ Years of Experience
  • Millions of Dollars Recovered
  • Thousands of Cases Resolved
  • We Help You Claim What’s Yours!