Useful Evidence for Proving Nursing Home Negligence
August 20, 2016 | By Colombo Law
There is a certain amount of anxiety involved when leaving your loved one at a nursing home. This feeling is normal. Everyone wants their loved ones to get the care and attention they deserve and a nursing home is a great way to ensure your loved one’s needs will be met. Unfortunately, some individuals will not receive the best care possible. Once you are aware that your loved one is not obtaining the care he or she deserves, it is important to promptly address the issue with a manager at the nursing facility. If that does not resolve your issue or if your loved one suffers an injury as a result of the nursing home’s negligence, contact Colombo Law to obtain assistance from an experienced personal injury attorney.
In order to successfully pursue a claim of negligence, there must be a showing that the nursing facility owed a duty to your loved one as well as a subsequent breach of that duty which caused your loved one to suffer damages. While there may be an inclination that your loved one is not receiving proper care, more is required to prove a claim of negligence. A couple of factors that will assist you in proving your negligence claim include:
- Stage of the Illness: The stage of the patient’s illness can be key in determining negligence. For instance, bedsores progress in several different stages. If your loved one is in one of the later stages of the illness, it is a strong indicator that he or she is not receiving proper care and treatment.
- Adequate Recordkeeping and Maintenance: Nursing homes are required to keep records in accordance with West Virginia statutes. Failing to keep adequate records and maintain the facility may rise to the level of negligence. With the assistance of an attorney, it is possible to obtain the records for your loved one, as well as investigate into the length of time the hazardous condition was present.
Proving a negligence claim can be a tricky endeavor. Many times it is difficult to show that your loved one’s declining health is a direct result of the nursing home’s negligence. Elderly people frequently experience declining health while in the care of a nursing facility, so determining the trigger factor for the decline is crucial to a successful claim. In most instances, your loved one is unable to communicate what occurs in the nursing facility. Gathering as much evidence as possible is beneficial to your loved one’s claim, but the knowledge of an experienced attorney will be most helpful in proving a negligence cause of action against a nursing home facility.
Colombo Law Personal Injury Lawyers Can Help
Our firm is a full-service personal injury law firm located in Morgantown West Virginia. Our team of attorneys will meet with you to discuss the facts and circumstances of any nursing home negligence claim. Contact Colombo Law firm for a no-risk initial consultation.
