To prove nursing home abuse, families must have clear evidence that supports their concerns. Holding a nursing home accountable for abuse requires proof of what happened and who was involved. While nursing homes have a legal duty to protect their residents’ physical and psychological health, when facing accusations of abuse, they will almost always put their own financial interests first.
This means residents and their families need to be proactive about protecting their legal rights—and this starts with collecting as much evidence as possible. Once you hire a Madison nursing home abuse lawyer to represent you or your family, your lawyer will be able to assist with collecting additional evidence as well.
Here are seven common types of evidence that can be used to prove nursing home abuse:
In cases involving physical abuse, sexual abuse, and abandonment, documentation of the resident’s physical injuries can serve as critical evidence to prove nursing home abuse. This documentation can include cell phone photos and videos taken by the resident or the resident’s family members, as well as bandages, wraps, and other used medical supplies.
With all forms of nursing home abuse, it is important to obtain medical treatment outside of the nursing home as soon as possible. Not only is this important for the resident’s wellbeing, but the resident’s medical records can serve as key evidence of the abuse as well.
When necessary, nursing home residents’ medical providers can provide sworn statements or prepare reports explaining how a resident’s injuries are consistent with abuse in the nursing home setting. This is a type of evidence to prove nursing home abuse that your lawyer will be able to obtain on your behalf if needed.
Statements from other residents and nursing home staff members can help prove nursing home abuse as well. Whether other residents witnessed what happened or have experienced similar mistreatment, in most cases they will be more than happy to help. In some cases, nursing home staff members will also be willing to come forward—and your lawyer can take their sworn statements under oath. Your lawyer can seek to compel other nursing home staff members to provide sworn statements under oath if necessary.
Pill bottles, soiled clothing and bed sheets, checkbooks, account statements, and various other items can be used to prove different forms of elder abuse in nursing homes. If you have anything that you think might be relevant to proving the abuse that you or your loved one has endured, you should keep it in a safe place until you can share it with your lawyer.
If you (or anyone else) called the police to report the abuse, the police report from the incident could serve as evidence of the nursing home’s liability. If you have a copy of the police report, you should keep this in a safe place as well, but your lawyer can also seek to obtain a copy from the local police station if necessary to help prove nursing home abuse.
Surveillance camera footage, cell phone photos or videos of the resident’s room, text messages between nursing home staff members, and various other forms of documentation can also be used to prove nursing home abuse in many cases. Ultimately, the types of evidence that are available in any individual case will depend on the specific circumstances involved.
If you don’t have evidence of the abuse you or your loved one has endured, that’s completely fine. In this scenario, the most important thing is that you speak with a lawyer as soon as possible.
Once you hire a lawyer to represent you or your family, your lawyer will be able to work on collecting the evidence needed to prove nursing home abuse while you focus on your (or your parent’s or other loved one’s) physical and psychological needs. With that said, it can be important to act promptly, so we strongly encourage you to schedule a free consultation with an experienced Madison nursing home abuse lawyer right away.
If you have concerns about any form of abuse in a Wisconsin nursing home, we strongly encourage you to contact us so that we can help you.
Contact an experienced Madison nursing home abuse lawyer at Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We help clients in Madison and throughout Wisconsin.
Determining car accident liability can be complex. In Wisconsin, drivers can be held liable for car accidents when their negligence leads to a collision. So, what happens when weather conditions play a role in a […]
Nursing homes in Wisconsin have a legal duty to meet their residents’ basic needs. When they fail to uphold this legal duty and residents suffer as a result, they can be held liable for nursing […]
"*" indicates required fields
Δ
We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
