To prove a complaint against a nursing home for abuse, you’ll need to take a few steps. You need to have evidence of the losses or suffering you or your loved one have gone through and need to show how the nursing home contributed to that suffering and loss. Provide as much information as possible; this evidence is the best way to prove your case.
There are a few things you need evidence about. First, what were the necessary and reasonable medical expenses you had due to the nursing home abuse? What were the costs for the physicians, hospitals, prosthetic devices, or fees you have complaints over? Do you have future expenses anticipated, and if so, what do you think they’ll be? You can also claim for harm due to prolonged immobilization, pain and suffering due to physical injuries, pain and suffering that could happen in the future, and phantom pain, which is subjective pain others may not see readily.
There are also situations where you can claim for mental anguish, lost sleep, and the loss of the ability to enjoy life in the past and in the future. Mental suffering is part of these claims as well, and monetary damages could be awarded if you can prove that the mental suffering was severe and impaired the resident’s life. Mental suffering is described in a few ways including being fearful of the consequences of injuries while waiting for help.
There are many things you need to consider before taking a nursing home to court. Speak with someone who is familiar with the laws in Alabama before you move forward, so you can better understand the evidence you’ll need.
Source: FindLaw, “Proving a Complaint Against a Nursing Home” Oct. 28, 2014