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Building a strong nursing abuse claim

| Aug 1, 2019 | Nursing Home Abuse |

As loved ones age, they require more care. When you turn to an adult care facility to provide that care, you expect them to uphold the standard of care your loved one deserves.

Unfortunately, some care facilities or caregivers do quite the opposite. Thankfully, it may be possible to file a nursing home abuse claim. To build a strong case, your claim must include a few key elements.

Documentation

A nursing home abuse claim begins with the signs of abuse. If you believe you are witnessing signs of abuse, begin keeping a record of the incidents as soon as possible. If there are any medical records or doctor’s notes that would support the claim, try to secure a copy of them. It may also be beneficial to seek assistance from organizations such as the New Mexico Adult Protective Services, which provides information and support in protecting elders.

Proving negligence

The most important element of injury claims, including nursing abuse claims, is proving negligence. In short, a claimant must prove that the offending party owed a duty of care and did not uphold it, which led to injury, and that damages resulted from said injury. Proper evidence is key to this process. Expert witness testimony can also be quite helpful in asserting the claim.

Damages

The types of damages a claimant asserts play a large part in determining the award for a claim. In the case of nursing home abuse, there are many possible damages to claim, including:

  • Cuts and bruises
  • Lacerations
  • Infections
  • Extreme weight loss
  • Financial loss

It is possible to claim several different types of damages. However, it is important to make sure the damages can tie back to the incident cited in the claim.

Filing a successful claim takes time and effort. However, getting justice for your loved one can be worth the process.