How Can I Prove Nursing Home Neglect?
May 7, 2019
Nursing Home Abuse and Neglect Statistics
Approximately five million elderly citizens suffer from abuse or neglect every year. That’s about one in ten.
Sadly, many of these abusive or neglectful incidents occur within nursing homes. Studies consistently reveal that elderly neglect is even more frequent in these institutions dedicated to caring for the elderly.
When nursing home negligence occurs, victims have legal recourse. Proving a nursing home neglect case has its own unique complications. Read on to learn how to prove nursing home neglect in court and gain a better understanding of the special factors that need to be considered in these cases.
How Can I Prove Nursing Home Neglect in New Jersey?
Nursing home neglect lawsuits have three basic elements. You’ll have to prove:
- The nursing home had a duty of care towards the resident
- The nursing home breached the duty of care towards the resident
- The breach of duty caused harm
The burden of proving these elements lies with the victim or the victim’s loved ones. For the most part, it’s clear that nursing homes and their employees have a duty of care towards their residents. The most difficult part of these claims is proving that a breach of duty occurred. You may need to enlist the help of medical experts who can help describe what the reasonable standard of care should have been in your situation. Proving the damages caused by the breach of duty is usually straightforward. You should provide the courts with all available evidence of financial loss including medical bills, relocation fees and other documentation.
In many ways, nursing home neglect cases are handled slightly differently due to special considerations. Read more about those below.
Special Factors to Consider
It can be more challenging to prove certain elements in a nursing home neglect case depending on the victim’s age and state of mind. Patients in nursing homes often suffer from deteriorating health and declining mental functions. Sadly, many patients may not be able to properly communicate what happened to them. Some may not even remember.
Additionally, it’s necessary to prove that the harm or injuries were directly caused by the neglect rather than due to the natural aging process. In nursing home neglect cases, a common defense is that the injuries were sustained naturally or as a result of the elderly person’s condition.
Contact a Middletown Nursing Home Abuse Lawyer to Discuss Your Case Today
Seniors in nursing homes and other care facilities deserve to be treated with respect and dignity. Additionally, nursing home staff needs to ensure that patients are safe and secure at all times. If your loved one suffered an injury, or worse, due to nursing home negligence or abuse in New Jersey, you need to speak with a qualified attorney. The experienced nursing home neglect attorneys at Rudnick, Addonizio, Pappa and Casazza represent clients throughout New Jersey, including Middletown, East Brunswick and Hazlet. Call 732-264-4400 or fill out the online contact form to schedule a consultation today. We have an office conveniently located at 197 State Route 18 South, Suite 3000, East Brunswick, NJ 08816, and we also have offices in Hazlet, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.