The Ancient Greek Philosopher Aristotle was among the many great thinkers who explored the concept of cause and effect. He explained that “everything happens for a reason; for every effect, there is a specific cause.” Aristotle probably didn’t realize that would someday become the basis of every personal injury lawsuit. For example, in order to prove nursing home negligence in a lawsuit, you need to establish the cause, i.e., how that negligence happened. You then need to detail the effects.
These can be extremely challenging issues because it means that the facility that placed your loved one has breached its duty of care. That has put your loved one in harm’s way. It is easy to establish that duty of care as it is explained in the rights of residents in long-term care facilities that is spelled out in Kentucky law:
“Before admission to a long-term-care facility, the resident and the responsible party or his responsible family member or his guardian shall be fully informed in writing, as evidenced by the resident’s written acknowledgment and that of the responsible party or his responsible family member or his guardian, of all services available at the long-term-care facility. Every long-term-care facility shall keep the original document of each written acknowledgment in the resident’s personal file.”
That contract will be the legal basis for any breach of duty of care claim. To prove that claim, you need to build a case. Read on to find out what elements you’ll need for your case.
Documentation of Abuse
If you suspect that your loved one is being neglected or abused in their nursing home, you need to document those incidents. Here’s what you should look for:
- Bruises
- Cuts
- Sprains or broken bones
- Dehydration
- Malnutrition
- Using restraints
- Unexplained changes in mood
- Fearful of staff members
- Withdrawing from socializing
- Unclean bedding or clothing
- Dirty living environment
Many incidents, such as physical wounds or unclean environments, can be documented with cell phone photos or videos. The other changes should be documented in a journal. You can even send an email to yourself to log the exact time and date of the incident.
Medical Records
Your power of attorney or guardianship with your loved one should allow you access to their medical records. You should review those records to look for any instances of inconsistency in care, prescription medication, or records of injuries. You should also look out for records of unnecessary treatments or tests. Those could be an example of fraud.
Ombudsman Complaints
The Kentucky Cabinet for Health and Family Services provides a long-term care ombudsman who acts as an advocate for residents and their families who have issues with nursing home care. They might be able to provide past complaints of a particular nursing home that you could use to establish a pattern of neglect violations.
Witness Statements
Getting a staff member to admit they are at fault for neglect will be difficult. At least, they won’t make that admission unless they are under oath in a deposition or on trial. However, you could obtain statements from other residents and their families. You might also talk to volunteers at the facility and get their accounts.
Inspection Reports
Every nursing home needs to go through regular inspections. Those reports should be a matter of public record and can help support your claims of abuse. You might need the help of an experienced attorney to access those records. As with the complaints, these records can establish past acts of neglect as it pertains to staffing and facility management.
Retaining the Services of a Supportive Attorney
Gathering together all of those elements to prove negligence against a nursing home is a daunting task. It would be if you were to attempt that on your own. Thankfully, the Peterson Law Office is standing by to provide support and guidance through the entire process. We have a proven track record of success with these types of lawsuits. At the first sign of abuse, call our offices to set up a consultation to discuss the matter.
