Nursing home abuse cases can be challenging to deal with because the signs of abuse are not always obvious. Finding evidence of nursing home abuse may be difficult when abusers take steps to hide their wrongdoing.
The evidence available will depend on the unique circumstances of your case. Physical evidence can be collected, including photos of injuries, security camera footage, and any signs of physical injury. We can also interview witnesses and get important testimony about the abuse and the nursing home staff. If you believe your loved one is being abused in their nursing home, you should report your suspicions to the Indiana Department of Health and the police. Both may launch investigations that could turn up additional evidence.
If you believe your loved one has been the victim of abuse in their nursing home, get them help immediately. Our Indiana nursing home abuse lawyers can help you gather evidence and build a case against the nursing home. Call Wruck Paupore at (219) 322-1166 for a free case review.
Physical evidence is one of the most important forms of evidence we can gather for your case. Physical evidence may include actual objects and items from the nursing home or recordings like photos or videos of evidence. Our Indianapolis nursing home abuse attorneys can help you find any physical evidence that might help your case.
Victims of nursing home abuse often have visible signs of abuse on their bodies. If you find bruises, cuts, scrapes, swelling, or other signs of injuries on your loved one’s body, you should take photos of the injuries immediately. Once your loved one gets medical attention, their injuries will hopefully begin to heal. Your photos help preserve the injuries as evidence for a trial. It is also important to document every time you notice injuries on your loved one as they might be signs of ongoing abuse.
Security cameras may be scattered around the nursing home facility, and evidence of abuse might be caught on video. In Illinois, for example, nursing home residents are allowed to place their own security cameras in their private rooms. Under the Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act, residents can place security cameras in their private room, as long as the resident pays for the cameras, has consent from any roommates, and provides notice to the nursing home and any visitors that there is a security camera in the room. Other states are enacting similar laws, and even in states that do not have a specific law in this regard, a responsible nursing home should still allow you to place a camera in your loved-one’s room.
Abuse often happens behind closed doors, and a private security camera in your loved one’s room can provide critical evidence of abuse while also helping to prevent it. Speak with a lawyer about whether there are options to set up cameras under Indiana law.
There might also be signs of struggle in your loved one’s room related to the abuse. Things like broken personal belongings, damaged property, and blood stains in your loved one’s room might be signs of abuse. Documenting these signs as evidence is important, especially if the nursing home cannot explain their origins.
Your loved one’s medical records are of the utmost importance and are necessary to prove the existence of your loved one’s injuries. You should take your loved one to a doctor as soon as you suspect they are being abused. A doctor can evaluate your loved one and determine where their injuries might have come from and whether there are old injuries you did not realize. Not only are medical records necessary to prove the existence of the injuries, but they can also be used to establish damages.
Physical evidence is sometimes unreliable because it is prone to disappearing before we can gather it. Security camera footage might be destroyed, signs of struggle might be cleaned up, and old injuries might heal, leaving no trace. Even without physical evidence, our Fort Wayne nursing home abuse lawyers can help you find witnesses to provide important testimony about the abuse.
Other nursing home residents might be excellent sources of testimonial evidence. Nursing home staff members who might be abusing your loved one often overlook other residents as potential witnesses. In other cases, they might threaten other residents into silence. These residents might have information about the abuse because they are exposed to it on a daily basis.
In some cases, other staff members at the nursing home know about the abuse but are afraid to come forward out of fear of losing their jobs. If we can get the right legal authorities involved, nursing home staff members might be more willing to come forward.
The doctors who treat your loved one will also be needed to provide testimony about the abuse. The doctor can be an expert witness who can explain the severity of your loved one’s injuries and where they likely came from. This is extremely important and can make or break the case.
Evidence gathered in independent investigations are also very important to your case. Once you suspect abuse, you can report the nursing home to the Indiana Department of Health if you suspect abuse, and an official state surveyor may make an unannounced visit to the nursing home facility to investigate your concerns. Our Indiana nursing home abuse attorneys can help you determine which agencies you can file complaints with.
You should also contact the police about abuse in your loved one’s nursing home. Abuse is a serious criminal offense, and the police may investigate your claims. The results of this investigation can be used to support your claims of abuse. Keep in mind that police reports cannot usually be used as evidence as they do not typically satisfy the hearsay rule. However, the investigation might turn up other evidence we might not be able to find without the help of the authorities.
If your loved one shows any signs of abuse while living in a nursing home, you should contact the police and get them help immediately. Our Hammond nursing home abuse lawyers can help you gather enough evidence to hold the nursing home liable. Call Wruck Paupore at (219) 322-1166.
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Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.