If you don’t think your loved one is receiving adequate care at his or her nursing home, you may be able to take action against the facility. Before you can hold them accountable, though, you must gather evidence that neglect or abuse has, in fact, occurred. You must also prove that your family has incurred damages as a result.
Unfortunately, even if you manage to compile strong evidence of both liability and damages, you’re not guaranteed a payout. Nursing home abuse cases are inherently complex, and a lot can go wrong at almost every stage of the proceedings.
As long as you take steps to avoid critical mistakes, though, your claim has a chance of yielding the funds your family deserves. Let’s explore some of the most common mistakes that people make after discovering nursing home abuse has occurred:
1. Posting About the Situation on Social Media
Because social media can serve as a sounding board, people often post their frustrations online. Before you discuss the situation with your friends and followers, though, consider the potential ramifications of doing so.
Virtually anything you publish could be misinterpreted—or misrepresented—and used against you later, during the claims process. As such, it’s best to stay off social media—and to instruct your family members to do the same—until the case has been resolved.
2. Informing the Facility of Any Concerns
If you suspect neglect or abuse after visiting your loved one, it’s only natural to want to bring your concerns to the attention of the staff. If you do so, however, they may attempt to handle the matter internally.
In such a scenario, the administrators might seem sympathetic and supportive, but their interests ultimately lie in protecting the facility. Therefore, you can’t exactly rely on them to investigate the situation as thoroughly as they should.
Sadly, informing the facility of your concerns may also give certain parties the opportunity to alter or destroy evidence that implicates them. For this reason, it’s best to consult an attorney, who will be working solely for you, as soon as you suspect abuse.
3. Failing to Gather Time-Sensitive Evidence
Why do you suspect neglect or abuse? Does your loved one have unexplained bruises? Is he or she malnourished?
Whatever the warning signs, make sure to document them. You should also obtain copies of the victim’s medical records and nursing logs.
After evaluating your particular concerns, a resourceful lawyer will determine what other kinds of evidence may contribute to your case and then take the steps needed to get it.
Call (727) 821-1500 to Discuss Your Case with a Nursing Home Abuse Lawyer
At Emerson Straw, we’re committed to holding long-term care facilities financially accountable for the damage their negligence causes. If your loved one was neglected or abused by nursing home staff, we’ll help your family pursue the compensation needed to secure quality care elsewhere. Call (727) 821-1500 or fill out our Contact Form to schedule a free consultation with a nursing home abuse attorney in Florida.