What Evidence Do You Need for a Nursing Home Neglect Lawsuit?
Suspecting that your loved one was neglected is one thing.
Proving what happened is another.
Successful nursing-home litigation depends heavily on evidence.
The sooner families recognize what information may matter, the better positioned they can be to determine what actually occurred.
Medical Records
Medical records are often a central part of a nursing-home neglect investigation.
They may document:
- Injuries
- Symptoms
- Changes in condition
- Physician examinations
- Hospitalizations
- Diagnoses
- Treatment
- Wound progression
- Weight loss
- Medication
Records should be reviewed as a whole rather than relying on a single note.
The Resident's Care Plan
Nursing-home residents may have individualized plans addressing their particular risks and needs.
For example, the plan may identify a resident as being at risk for:
- Falls
- Pressure injuries
- Aspiration
- Wandering
- Dehydration
- Malnutrition
An important question may be whether the precautions identified for that resident were actually implemented.
Nursing Notes
Nursing documentation can help establish a timeline.
The notes may show when employees first observed a problem, how they responded, and when a physician or family member was contacted.
Missing or inconsistent documentation may also warrant further examination.
Photographs and Video
Photographs can be particularly valuable in cases involving:
- Bedsores
- Bruising
- Lacerations
- Swelling
- Unsanitary conditions
- Physical injuries
If possible and appropriate, families should document concerning conditions when they discover them.
Surveillance footage may also exist in some circumstances, but video may not necessarily be retained indefinitely.
Incident Reports
A nursing home may create an internal report following a fall, injury, medication issue, or other event.
Whether and how particular documents can ultimately be obtained or used may involve legal issues, but determining what records exist can be important.
Staffing Records
If inadequate staffing may have contributed to an injury, staffing information can help determine who was working and what resources were available.
Scheduling documents alone may not tell the entire story. The investigation may also need to determine who actually worked the relevant shifts.
Witnesses
Potential witnesses may include:
- Family members
- Visitors
- Other residents
- Employees
- Former employees
- Medical providers
Witness memories can fade, so identifying relevant people early can be important.
Communications With the Facility
Save emails, text messages, letters, portal communications, and other correspondence.
Also consider keeping a written timeline of important conversations, including who said what and when.
Don't Alter or Create Evidence
Families should preserve existing evidence accurately.
Don't exaggerate, alter photographs, or attempt to manufacture documentation.
Credibility matters.
Building the Timeline
One of the most valuable things an attorney can do is reconstruct what happened chronologically.
What condition was the resident in before the event?
What risks did the nursing home know about?
What precautions were ordered?
Were those precautions followed?
When did the injury develop?
How did employees respond?
Those questions can transform hundreds or thousands of pages of records into an understandable story.
Talk With a Pennsylvania Nursing Home Neglect Attorney
If you suspect nursing-home neglect, don't rely exclusively on the facility's explanation.
Frank Walker Law can evaluate the available evidence and determine whether additional investigation may be appropriate.
Contact Frank Walker Law to discuss a potential Pennsylvania nursing-home neglect case.
If you know a family dealing with an unexplained nursing-home injury, like and share this article. Knowing what evidence to preserve could make a major difference later.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.