How To Prove Damages in a Nursing Home Injury

In General by The Law Office of Scott Sobol

Let’s face it, moving a loved one to a nursing home is not as easy as it sounds. It’s an incredibly stressful process to go through. But you know you’re doing it because you want your loved one protected and cared for when you cannot. While placing your loved one in a nursing home, you run the possibility of them having an injury while someone else is taking care of them. More often, these injuries are caused by the nursing staff’s negligence, but some of the abuse and injuries are the result of the actions of some caregivers. If your loved one received abuse or injuries from a nursing home, you can bring in a lawyer to help you navigate this claim.

You can sue for different types of damages, you must bring proof that actual harm was suffered. For example, physical pain and suffering, the same as mental pain and suffering, emotional distress, and the cost of necessary medical treatment. 

Proving damages can be a long process. In order for the court to award damages, there must be evidence that the nursing home resident suffered harm. Injuries can result in medical treatment, which leaves a trail of medical records related to the patient’s complaints, and a history of the incident. Therefore an injury report must be filed on behalf of the nursing home staff, this report can be used as proof of damages in court. Evidence of abuse might be more difficult to document and is typically associated with the resident’s emotional or physical condition.

Regardless of the nature of the injury or abuse, or the cause, it is important to document everything as completely as possible. The documentation can later be used in pursuing any criminal charges or civil claims against the nursing home.