There is an increase in the number of older adults moving into nursing homes and other care facilities. Unfortunately, there has also been a marked increase in the number of reported injury and abuse suffered by older adults. Often such injuries and abuse are happening in nursing homes. In most cases, these injuries are due to the negligence of the nursing home staff. However, the injuries and abuse may be intentional by caregivers in other cases. This article will discuss proving damages in nursing home abuse cases.
Once all the elements of the case can be proved, there is need to prove the specific harm that the resident suffered. Damages are intended to provide compensation to the resident for the injury or abuse that they suffered. There are a number of different types of damages, some of the are:
- Pain and suffering – physical
- Mental pain and suffering
- Emotional distress
- Necessary medical treatment costs
Because nursing home residents are not employed anymore, the loss of wages or income is not available to be claimed. Punitive damages may also be awarded so as to punish the defendant and deter such behavior in future.
In order to receive compensation for damages, it is necessary to have evidence of the harm suffered by the resident. In most instances, cases of injury caused by nursing home staff are the easiest to prove. This is because injuries result in medical treatment and this leaves a paper trail of medical records. Such records give a history of the incident and related patient’s complaints with regards to the injury. Another important piece of documentation is the injury incident report. This can be a valuable resource in proving damages in court.
However, evidence of abuse might be harder to document and the evidence required for proof varies on abuse type.
For legal advice on nursing home abuse contact the Vinson Law Office today.