Evidence for a California Nursing Home Abuse Case
When you suspect a loved one has been subjected to nursing home abuse or neglect, your first priorities are getting the resident to safety and reporting the misconduct to the California Department of Aging. However, soon after, you may consider legal remedies to hold the assisted living facility accountable for wrongdoing. Your loved one has suffered immeasurable losses, emotionally, physically, and financially, and it is important to take advantage of the opportunities to recover them.
You may play a significant role advocating on behalf of the resident through a nursing home abuse case. One essential task is gathering and organizing the evidence necessary to prove your claim against the facility. You can rely on your Oakland nursing home abuse lawyer for assistance with collecting this critical information, but it is also helpful to review a summary on what proof you need.
Important Evidence for Your Claim: To prevail in a nursing home neglect case, you must prove that the facility failed to provide care and services in accordance with the law, regulations, and/or the contract for care. Some of the most effective evidence would be accounts from the resident about mistreatment, but dementia and other medical conditions create challenges. Instead, there are other documents and information that could be used to support your claim, including:
- The contract for nursing home services;
- All files and charts from the assisted living facility;
- Medical records showing treatment from nurses and physicians at the nursing home;
- Medical records from visits to the hospital due to injuries at the nursing home;
- All documents related to insurance claims filed for the resident’s care; and,
- Photos and video showing the resident’s injuries and evidence of abuse or neglect.
Types of Nursing Home Abuse and Neglect: As you look for ways to help collect important proof for a claim, it is helpful to know how the misconduct is classified:
- Physical abuse involves punching, slapping, kicking, or illegally using restraints on the resident. Common injuries include broken bones, bruises, and lacerations.
- Sexual assault is a type of physical abuse. You should recognize the signs, such as STDs, UTIs, and trauma around the genitals.
- Residents may suffer from emotional mistreatment when staff is verbally abusive, such as through insults, threats, and offensive comments. Staff may also isolate the resident from family and other residents, significantly affecting emotional health.
- Nursing home neglect is a form of abuse in which personnel are careless in serving the resident’s needs. It can also cause serious injuries and other harm.
Consult with an Oakland Nursing Home Abuse Attorney Right Away
It is useful to understand the types of evidence that you will need to prove your claim against an assisted living facility, but legal advice is also crucial. For more information on how we investigate and collect important proof, please contact Venardi Zurada, LLP. We can schedule a no-cost case review at our offices in Oakland or Walnut Creek, CA. After we review the facts of your case, we can explain what to expect with the legal process.
