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How to Collect the Evidence You Need to Prove Your Nursing Home Abuse Claim

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Make sure to preserve the key evidence for your nursing home neglect or abuse claim

You may know what happened.

You may know that it was nursing home neglect or abuse that led to your loved one’s injury. However, in order for your loved one or her estate to recover damages, you are going to have to convince an arbitrator, a court, or the defendant of what happened.

Evidence to Consider When Preparing and Presenting Your Case

While each case is unique, you should speak with your nursing home abuse attorney about the following types of evidence:

  • Nursing home chart. This should provide details about which staff members saw your loved one and at what times, what medications were administered, what physical conditions were noted, and other important data.
     
  • Nursing home staff log. The nursing home log may show who was working at the time of your loved one’s injury and what the staff-to-resident ratio was when your loved one was hurt.
     
  • Medical records. Medical records can provide important documentation of your loved one’s injury.
     
  • Witness statements or testimony. This could include other nursing home residents, staff members, or visitors to the facility.
     
  • Video footage. In some cases, there may be video recordings that show exactly what happened.
     
  • Photographs. Photos of any physical injuries should be taken as soon as they are noticed. Additional photos may be important as the injury heals. Pictures of the resident’s clothing, room, or other surroundings may also be important if they contributed to the injury. If possible, the pictures should be date stamped.

Without evidence, such as some of the evidence described above, you will be unable to prove your case and recover damages.

How to Protect the Evidence You Need

Some evidence may be lost, destroyed, or tampered with unless you take action to preserve it. This may require subpoenas and other legal action. Accordingly, it is important to talk to an experienced nursing home abuse lawyer as soon as possible to get the help you need, to learn how a nursing home abuse case works, and to make sure that the evidence needed to prove your case is protected. To learn more, please contact us at any time or download a FREE, no-obligation copy of our book, Guide for Nursing Home Abuse and Neglect Victims: What You Need to Know to Protect Your Legal Rights and Get Every Dollar You Deserve.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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