Establishing Liability in a Maryland Nursing Home Abuse Case
Establishing liability in a Maryland nursing home abuse case could be complicated. Since the collection and preservation of any evidence is vitally important, it could be helpful to begin taking action immediately when abuse is suspected.
A compassionate personal injury attorney with experience handling nursing home abuse cases could evaluate your situation and advise you of actions to take to protect your rights and create the best possible collection of evidence. A consultation could be very helpful right at the start.
Liability May Be Based on Negligence or Deliberate Wrongdoing
While nursing home neglect and nursing home abuse are considered two different problems, it may be considered abuse when negligence in nursing home care reaches a level where it could be expected to cause harm to a patient.
In cases involving nursing home abuse with deliberate wrongdoing, the person taking action has a deliberate intent to cause harm or acts with reckless indifference as to the likelihood of causing harm.
In cases involving negligence, liability is based on the theory that the nursing home owed a duty of reasonable care to their patient, that they breached this duty of care, and that the breach of duty caused the patient to suffer foreseeable injury.
Whether the harm is alleged to have occurred due to deliberate abuse or neglect, there are several elements that may need to be proven. A lawyer could help build a case to prove those elements. A personal Maryland attorney could also help establish liability in a nursing home abuse case.
Types of Evidence Used to Establish Liability
In nursing home abuse cases, as in most liability cases, it is vital to collect as much evidence as possible. This is best started as soon as feasible. A dedicated nursing home abuse attorney may know how to look for evidence and to preserve that evidence so that it could be used in negotiations as well as formal courtroom procedures.
Photographs could serve as valuable evidence, notably in the case of physical abuse situations. Individuals are recommended to document signs of abuse with pictures. Written descriptions could also be made as close as possible to the time the signs of abuse were observed.
Since witness testimony could provide key evidence to establish liability, it may be important to interview potential witnesses and take depositions. Preparing the witnesses to testify about their observations could also be crucial if the right witness is located.
Expert witnesses may be used to testify as to what types of conduct are reasonable based on the standards of care owed by nursing homes and how the conduct of a particular nursing home failed to meet that standard. Expert witnesses may also testify about the extent of a patient’s injury.
If the nursing home resident is able to speak on their own behalf, that testimony could provide the most effective evidence in a nursing home abuse case. The resident may be able to use notes taken from earlier interviews to refresh their memory.
A seasoned nursing home abuse lawyer could help a person gather evidence to help establish liability in their case.
Let a Maryland Nursing Home Abuse Attorney Assist You
As the population of Maryland ages, more and more residents will be relying on nursing home care. By calling attention to abusive practices in Maryland nursing homes, those who file lawsuits for nursing home abuse could help to protect future residents from unsafe conditions and to improve their own family situations.
Establishing liability in a Maryland nursing home abuse case is a multi-step process that begins with investigation. For more information on the process, it is advisable to consult a Maryland lawyer with experience handling nursing home abuse litigation.
