How will an attorney establish that the nursing home is liable for its neglect or abuse?

Different types of evidence may show that you or a loved one suffered injury as the result of nursing home neglect or abuse.

Physical evidence may be obtained by taking photographs of the victim’s injuries or living conditions. In some cases, a therapist may be able to diagnose and testify about mental health problems the victim has suffered due to mistreatment in the nursing home. Witness statements also play a valuable role in establishing one’s case.

In many cases, it is also necessary to subpoena the nursing home’s records in order to gather evidence to prove that neglect or abuse occurred. An attorney who focuses on nursing home abuse cases can assist in obtaining the necessary information.

Remember: You have the burden of proving the neglect or abuse by a preponderance of the evidence. This means showing that more likely than not the neglect or abuse occurred. You will also need to demonstrate that the neglect was the direct cause of harm in order to make a successful claim and obtain compensation.