Nursing home neglect can destroy lives. It can leave a resident with newly developed or worsened conditions that lead to poor prognoses and even permanent disability or death. That’s why if you suspect that you or a loved one has been subjected to nursing home neglect, it’s imperative that you consider legal action to find accountability and recover compensation for any harm that’s been caused.
But even if you think the evidence in your case is straightforward, there can be several mistakes that can jeopardize the viability of your claim. You need to educate yourself about these mistakes so that you can work to avoid them. So, let’s take a deeper dive so that you know how you can protect your claim moving forward.
Commonly made mistakes when pursuing a nursing home neglect claim
There isn’t a cookie cutter approach to navigating your nursing home neglect claim. Instead, you have to consider the unique facts of your circumstances while anticipating any issues that may arise given the situation at hand. That said, here are some of the most common mistakes that are made in these cases and that could disrupt your ability to secure the outcome that you want:
- Failing to take action altogether: Believe it or not, a lot of people either misinterpret nursing home neglect as a simple mistake, or they think that the harm that’s been caused to them is so minimal that it doesn’t warrant legal action. Don’t write off what’s been done to you or your loved one. If you suspect that nursing home neglect has been perpetrated upon you or your loved one, then it’s best to discuss the matter with your attorney to determine next steps. After all, the damage caused could be much worse than you initially think.
- Delaying: If you decide to take legal action, you need to do so in a timely manner given that there’s a statute of limitations that could come into play if you wait too long.
- Neglecting to document: When abuse or neglect is in play, you need evidence to support your allegations. So, be sure to take pictures of any injuries suffered, talk to witnesses and take notes of your conversations with them and ask nursing home staff about the injuries suffered so that you can document what they say.
- Providing statements to the nursing home or their insurer: Once they suspect that something’s gone wrong, the nursing home and its insurer may try to get you or your loved one to provide a statement. Their hope here is to lock you into an account that they can later contradict. Don’t give them what they want without thoughtful consideration and discussing the matter with your attorney.
- Failing to gather appropriate evidence: The nursing home will possess a significant amount of evidence that they won’t want you to get your hands on. Fortunately, though, you can use the legal process to access incident reports, surveillance footage and other records that may be relevant to your case. If you pass up the opportunity to secure this evidence, then an otherwise strong claim may falter.
Don’t let unforced errors doom your nursing home neglect case
There are many legal nuances to a nursing home neglect case. You have to be prepared to address each one of them if you want to maximize your chances of recovering the compensation you deserve. To learn more about how to build a compelling case and avoid making costly mistakes, we encourage you to discuss the matter with experienced professionals.