Personal injury lawyers unanimously agree that proving nursing home abuse constitutes some of the toughest cases they handle. The challenges stem not only from the intensely technical nature of the evidence but also from the complexity and diversity of rules and regulations that govern healthcare establishments. Following are a few of the biggest challenges to contend with in such cases:
Proving that death occurred from preventable causes: The success of damages from a nursing home abuse case hinges on the lawyer’s ability to prove that death occurred due to a cause that could have been prevented by the medical staff. That is, the lawyer has to prove that death did not occur due to a past medical issue that could not have been known by the staff at the nursing home.
Proving that abuse had actually occurred: This involves proving that the signs of abuse noticeable on the patient have actually been caused by maltreatment and not by natural reasons. For instance, to support an abuse case, a lawyer may need to prove that a bruise on the patient’s body has been caused by hitting or choking and not due to the natural aging process. A personal injury lawyer needs to possess considerable medical knowledge to be able to differentiate between instances of physical abuse and the body’s natural processes in reaction to specific medical conditions or as side effects of drugs.
Proving that the healthcare establishment has violated regulations: Nursing homes have to follow a strict set of rules and regulations and an attorney needs to be well-versed in the intricacies of these laws to be able to spot and prove violations. A nursing home is liable to pay damages for wrongful death or patient abuse that occurs within its premises.
If you suspect your loved one is being abused or not properly cared for during his or her stay in a nursing home, you will need to seek advice from an experienced personal injury attorney.