Nursing Home Abuse: Damages
Older adults suffer injury or abuse at the hands of the people charged with their care in nursing homes. Such injuries are caused by the negligence of the nursing home staff, however, at times such injuries and abuse is as a result of deliberate actions or the failure to act by caregivers. Therefore, as a result a victim is eligible to claim damages for such neglect or abuse from nursing homes.
Types of Damages
There are a number of types of damages that a neglected or abused resident may claim for, these include:
- Physical pain and suffering
- Mental pain and suffering
- Emotional distress
- Cost of necessary medical treatment
In order for the court to award damages there is need for evidence that the nursing home resident suffered harm or injury. Where injuries were sustained this can easily be proven. This is because such injuries result in medical treatment which leaves a paper trail of medical records relating to the patient’s complaints and the history of the incident. Further, in respect of nursing home injuries the nursing home staff and residents are required to complete an injury incident report. Being in possession of such a report is a valuable resource in proving your case and damages in court.
Despite the nature of the injury, abuse or the cause; it is very important to document everything as completely as possible. Such documents will come in handy when pursuing civil claims against the nursing home. Documentation can take on the form of the following:
- Diaries kept by the resident or close family members
- Photographs of resident’s bruises or injuries
- Notes giving a summary of conversations with the resident or staff
- Photographs of medications given or prescribed to the resident
- Notes of personal observations of physical or emotional conditions kept by family members
Furthermore, for more information on filing a nursing home abuse or negligence claim speak to Ben Vinson, Jr. and his team of attorneys who specialize in nursing home abuse cases.