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  • Writer's pictureLeitner Varughese Warywoda

The Dos & Don'ts of Building a Nursing Home Abuse Claim

nurse with senior patient

Taking action against a long-term care facility is inherently challenging. Like most overwhelming tasks, though, the easiest way to proceed is by breaking it down into simple steps.

Along the way, it’s also important that you make sure to avoid critical missteps. With so much at stake, you don’t want a seemingly minor issue to derail your entire claim.

When you’re ready to get started, here are some of the most important steps you should take—and some missteps you should avoid—to get your claim off the ground:

Do Preserve Evidence of the Abuse

What made you suspect neglect or abuse in the first place? If there’s any tangible evidence of the mistreatment your loved one endured, store it in a safe place until you can give it to your legal team. Such evidence might include nursing logs, eyewitness testimony, photographs of any visible wounds, medical records, and surveillance footage.

Don’t Let the Facility Take Over Your Investigation

As soon as administrators learn of your suspicions, they will probably reach out and offer to conduct an internal investigation on your behalf. While you cannot prohibit them from taking a closer look at the allegations, you should not rely on them to do so with your family’s best interests in mind. Instead, you should proceed independently with your own investigation.

Do Seek Legal Counsel

As with other kinds of personal injury claims, those involving nursing home abuse do not require legal representation. Chances are you have enough to worry about, however, without having to put together a case, log damages, and correspond with the opposing party.

What’s more, there’s a lot at stake. When your family’s financial security is in jeopardy, why not turn to the professionals for strategic guidance? And if you think you can’t afford it, think again. Most reputable nursing home abuse attorneys take cases on a contingency basis, which means their fee comes out of the payout that results.

Don’t Post About the Situation on Social Media

It’s only natural to turn to your connections on social media for love and support whenever you’re facing a major challenge. Before you post about your family’s situation online, however, consider the potential ramifications of doing so. If the insurance adjuster were to come across your profile, would they be able to spin the content and ultimately use it to challenge your credibility? If so, it’s best to avoid publishing anything at all.

Discuss Your Claim with a Nursing Home Abuse Attorney in New York

Was your loved one neglected or abused by nursing home staff? To see if your family has grounds for a claim, turn to Leitner Varughese. Our compassionate team counsels clients across New York City, Long Island, and throughout the rest of the state.

We’re determined to right the wrongs that reckless and negligent parties leave in their wake. Call 855-585-2969 or fill out the Contact Form on our website to schedule a free initial consultation with a nursing home abuse lawyer in New York.


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