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How to Prove Nursing Home Negligence: El Paso Elder Abuse Attorneys

More and more elderly adults are moving into assisted living facilities or nursing homes each year. And sadly, research shows that as many as one in ten of these adults will experience nursing home neglect. What’s worse, some studies estimate that only one in fourteen incidents of elder abuse are reported. Elder abuse can take many forms, including but not limited to physical, emotional, verbal, financial, or sexual abuse. Because so many elderly patients do not report their abuse and because elder abuse can take so many different forms, it can be incredibly difficult to prove nursing home negligence. Here at Carabin Shaw, our personal injury attorneys serving El Paso have compiled information on how to prove nursing home negligence so you know what to expect from your potential case.

Legally Proving Nursing Home Neglect

Legally, in order to prove nursing home negligence in El Paso, your lawyer must establish three key aspects to the case:

  1. The victim had a legal contract with the nursing home, which agreed to provide “duty of care” to the victim.
  2. The nursing home or assisted living facility failed to provide their duty of care through either neglect or through another intentional act that caused harm to the victim.
  3. As the result of the facility’s failure to provide their duty of care, the victim suffered physical or emotional damages.
Proving Damages from Neglect

Oftentimes, the most difficult part of any given elder abuse case is proving damages. In order for the court to provide damages to the victim, there must be evidence of the victim’s suffering or harm. Usually, cases involving physical injuries to the victim are the easiest to prove in court, because the victim’s medical records will serve as documentation of harm. Evidence of other types of abuse – such as emotional abuse – can be far more difficult to obtain.

Whatever type of abuse your loved one has endured, the best thing you can do is to document everything as thoroughly as possible. Recording dates, times, and names will help your attorney immensely whether you decide to press criminal charges or just pursue a civil claim.

Choosing an Attorney Who is Right for You

If you live in the El Paso area and you’re asking yourself, “How do I find the best nursing home lawyer near me?” then look no further than the El Paso elder abuse lawyers at Carabin Shaw. Nursing home abuse cases can be extremely difficult, so choosing the right attorney can make all the difference in the world – and that’s why we strongly suggest you give us a chance to help you.

Our elder abuse lawyers in El Paso have a combined 200 years of legal experience, and have been handling nursing home neglect cases for decades. We are passionate about defending the rights of the elderly, and we firmly believe that victims should receive the maximum possible compensation after suffering abuse from a trusted caregiver. In addition to years of experience, our legal team has a strong commitment to offering compassionate and professional care to all of our clients so that the legal process is as painless as possible. You and your family have already suffered enough, and you don’t have to go through this process alone.

So if you’re ready to hire a nursing home abuse lawyer in Texas, reach out to us today. Call our El Paso office today at 915-779-2301 for your free consultation with an experienced El Paso nursing home negligence attorney and find out what our lawyers can do for you. Let us help you get justice for your loved one.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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