Difficulty in Proving Nursing Home Neglect
Even if you are certain that your loved one has been harmed because of nursing home neglect, you still have an uphill battle to successfully prove your claim and recover money damages.
One of the sizable challenges in proving nursing home negligence is that aging residents are expected to suffer a decline in health. You know your family member best and you may be positive that neglect caused your loved one’s deteriorating condition, but proving it in a court of law, to outsiders, is a different matter. You need to convincingly prove that the decline in your loved one’s health would not have occurred but for the negligence of the nursing home.
Another difficult aspect of nursing home neglect cases is that victims are often unable to articulate their mistreatment by testifying, or they’ve passed on. Even in instances where the patient is mentally sharp, the nursing home may brush off the allegations by saying that the resident is simply confused or mistaken due to old age.
Another obstacle for proving your case is simply a lack of evidence. If nursing home staff members are mistreating a resident, chances are they are not going to document evidencing their wrongdoing.
Overcoming Challenges in Nursing Home Neglect Lawsuits
It is not easy to overcome the obstacles involved in nursing home injury claims, but an experienced attorney gives you the best chance for success.
At Rittgers & Rittgers, we find creative ways to uncover evidence of mistreatment and help you build your injury or wrongful death case. Our Cincinnati lawyers have an abundance of resources to help you prove your claim and a record of success in injury cases.