If you suspect an assisted living facility is neglecting a loved one, you should file a formal complaint. You might also consider taking legal action. However, it is crucial to understand what’s necessary to build a strong case before you file a lawsuit.
Understandably, you might be searching for something like, What proof do I need to sue an assisted living facility for neglect? If you have questions on how to sue an assisted living facility, the experienced legal team at Senior Justice Law Firm is here to help.
In the meantime, read on to learn more about important evidence types that can help support a case of neglect against an assisted living facility.
Can You Sue an Assisted Living Facility for Negligence?
If you suspect your loved one is a victim of neglect, you need to build a strong case against the assisted living home. The following are some of the best types of evidence to have when you’re building a case against a long-term care facility.
Your Firsthand Observations
Have you personally witnessed episodes of neglect? If so, documenting these instances is essential. Take photos or videos of unsanitary conditions or injuries. Get written statements from anyone else who has witnessed the neglect firsthand.
Documentation and Medical Records
Gather medical records and other documentation that shows a decline in your loved one’s health or well-being since they began living at the assisted living facility. For example, your loved one might be transferred to a hospital to treat severe bedsores. Maybe your family member developed an infection from a lack of hygiene or is severely dehydrated and malnourished. You want any documentation showing a behavior pattern and how your loved one is suffering at the hands of the assisted living facility staff.
Regulations Violations
Is the facility breaking any rules or regulations? Strict guidelines and regulations bind these long-term facilities. Perhaps they don’t have the correct number of staff or are letting untrained employees administer medication. Maybe the facility has no formal emergency response procedures in place. Check online for specific laws and regulations in your state.
Speak with Experts
To build a strong case, you might need to consult with experts in the field of assisted living care. These experts can help you understand the standard of care expected in an assisted living facility. They can provide testimony on whether the facility in question is meeting those standards. For example, a geriatric care manager or a geriatrician can testify that the neglect you observed deviated from the standard of care and has caused harm to your loved one.
You might need to hire a medical expert. This individual can review the records and prepare a report indicating whether neglect played a role in your loved one’s condition.
Hire an Assisted Living Facility Neglect Lawyer
If you have lingering questions—like, What proof do I need to sue an assisted living facility for neglect?—hire an assisted living facility neglect lawyer. In most cases, you will need an experienced attorney to help you navigate the legal process. Suing an assisted living facility for neglect is complex. A personal injury lawyer with experience handling elder abuse and neglect cases can help you understand your legal rights and guide you through filing a lawsuit. You need strong evidence and a skilled negotiator on your side who can help you build a solid case against the facility and any other negligent parties.
At Senior Justice Law Firm, we focus on elder abuse and neglect cases. We have years of experience holding long-term care facilities accountable for neglect and abuse. Contact our office today to schedule an initial consultation and learn more about how we can help.
