How Can I Prove Nursing Home Negligence in a Lawsuit in Laredo, Tx?
In most recent Medicare reports, there are over 1400 nursing care facilities across the state of Texas. In Laredo alone, there are 6 such facilities with over 1,500 beds. While many are excellent institutions and attend to their residents with exemplary care, some of them are severely understaffed and underfunded, which can potentially lead to patients being subject to dangerous and neglectful situations.
The World Health Organization reported that over 64% of nursing home staff admitted to elder abuse. The victims are the least likely to report their own abuse because of a number of factors, including poor cognitive function (in cases such as dementia) or out of fear.
The elderly are among the most vulnerable individuals in society and should be protected and cared for. Filing an elderly neglect lawsuit in Laredo if you or your loved one has been a victim of nursing home negligence can provide compensation for damages and hold perpetrators accountable for their wrongdoing. Given the complexities of the legal system, it is highly advisable to consult with a legal expert to help navigate the processes, such as the qualified South Texas attorneys at Carabin Shaw.What is Negligence and Do I Have a Claim?
Neglect is a form of abuse. It refers to when a person in a caretaker position fails to provide adequate care. This can be the result of actions taken, or the result of failure to act in the appropriate capacity for someone under their care. Negligence can cause both physical and mental harm.
Having a lawyer examine the details of your case is advisable. They will assess the four elements required as basis to make a claim of negligence. They are:
- A legal duty owed to the plaintiff by the defendant
- The defendant breached that duty
- Plaintiff suffering injury
- Proof that the injury was caused because the defendant breached their duty
If you suspect negligence has occurred, speak with a qualified attorney to accurately assess whether or not you have a claim.Proving Nursing Home Negligence
You may be wondering: how can I prove nursing home negligence in a lawsuit? If you believe negligence has occurred, the recommendation is to seek legal counsel as soon as possible. There are several steps necessary to build and file a lawsuit that proves neglect including:Documenting Incidents
Keep records of incidents or signs of negligence that you have observed. This can include inadequate care, unclean living conditions, injuries, and other medical issues.Gathering Records
Medical bills, rehabilitation costs, and additional care required because of negligence should be preserved. Any physical evidence, including pictures of hazardous conditions or any possible neglectful situation, should be collected.Collecting Witness Statements
Speaking with other residents, staff, or visitors who may have observed neglect or mistreatment can provide valuable evidence in the case.Review the Nursing Homes Policies and Various Reports
Examine the specific facility’s policies and procedures, and note any deviations that could indicate negligence.
It can also be useful to obtain inspection reports by government agencies that oversee these facilities. Violations that have been documented previously can show patterns of neglect and bolster your claim.
A Laredo nursing home abuse lawyer will be able to navigate this process by accessing and organizing all of the details necessary to file a solid claim and definitively prove the negligence that has occurred.Why Choose Carabin Shaw to Fight Your Case?
Having a strong, evidence-based case is fundamental to establishing liability and getting justice. As an established and respected name in the area, our team will be there for you every step of the way to aggressively advocate on your behalf and fiercely protect your rights.
To read what our clients have said about their positive experiences working with us, check out Carabin Shaw’s client reviews.
For a free case review / initial consultation, call us toll-free at 800-862-1260. We have English AND Spanish-speaking staff available to assist you 24/7.
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