Nursing home neglect damages can be difficult to prove. In assessing the ability to prove damages in such a case it is necessary to consider several factors:
- Are you going to be able to separate the physical and emotional injury caused by the nursing home from the patient’s underlying disease or disability?
- How has the injury affected the patient’s prognosis?
- In a death case is it going to be possible to prove that the beneficiaries are in fact deserving of compensation?
Proving the actual damages is going to be very case specific:
- In a case where the patient has been injured or died as a result of the improper use of restraints then it is important to determine if in fact the patient asphyxiated. Asphyxiation is a slow and painful way to die and is frequently manifested by small spots of bleeding in the eye. That should be evident on the autopsy.
- In ulcer cases photographs and videos of the sores must be used early in the case and throughout the case in order to not only establish their relevancy but to get the defendant’s attention.
- In the case where the patient has been allowed to roam outside the home and thereby be exposed to the elements it may be necessary to have testimony from a geriatric psychologist or psychiatrist to describe the fear and hopelessness and pain experienced by this patient.
- In the case of physical assault by another patient it is necessary to establish foreseeability, i.e. that it was foreseeable by the nursing home that this other patient would engage in assaultive behavior.
For more information in regards to nursing home negliect damages see the other page on this site dealing with that issue.
