Every nursing home abuse and neglect claim is unique, but there’s one quality that all such cases have in common—strong evidence is the key to winning a financial recovery. Unfortunately, it is likely that much of the evidence that would contribute to your claim is in the possession of the nursing home. Such evidence might be withheld or even altered or destroyed to weaken your case, so it is important that your attorney is able to conduct the investigation right away.
Read on to learn about a few kinds of evidence your lawyer might use to build your claim:
The Victim’s Medical Records: The victim’s medical records can be used to prove the kinds of injuries sustained, the associated symptoms, the cost of care, and the value of anticipated medical expenses the victim is reasonably certain to incur in the future, if applicable. In nursing home abuse and neglect cases, it is common for disputes to arise regarding causation since residents typically have pre-existing injuries or illnesses. In this scenario, a resourceful lawyer may be able to use the victim’s medical records from before and after the injury to prove causation.
Surveillance Footage: Video recordings may show the abuse or neglect taking place, thus helping your attorney prove liability and perhaps serving as evidence to pursue punitive damages.
Photographs: Pictures of injuries can show the severity of the harm suffered by the victim.
Keycard Data: Your attorney might use keycard data to identify the individual or individuals who perpetrated the neglect or abuse.
Hiring and Training Procedures: Nursing homes must take reasonable measures to hire competent staff members who have the credentials to fulfill their duties. If the facility’s hiring or training practices were insufficient, any documentation of such practices might be used to prove negligence.
Caregiver Schedules: Understaffing is a common factor contributing to nursing home neglect across the country. Caregiver schedules may be used as evidence to prove understaffing.
Eyewitness Deposition: The deposition of eyewitnesses might be used by your attorney to prove negligence and liability.
Medical Expert Deposition: Your attorney might depose the victim’s treating physician as well as various medical experts to prove the kinds of injuries suffered, their severity, the anticipated cost of care, and perhaps that standard medical practices were not followed (in the case of medical malpractice).
Call 855-585-2969 to Speak with a New York Nursing Home Abuse Attorney
At Leitner Varughese, we’ve seen firsthand just how traumatic nursing home abuse and neglect can be—not only for victims but also for their loved ones. With more than 35 years in legal practice and over $150 million recovered for clients, our lawyers know what it takes to achieve successful outcomes in personal injury and wrongful death cases of varying complexity.
We don’t charge anything for the consultation, and if we don’t win your case, you won’t owe any attorneys’ fees. You can reach us 24 hours a day, 7 days a week at 855-585-2969, or you can set up a case evaluation by sending us a message on our Contact Page. We represent clients in New York City and throughout the state of New York.