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Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
Read Bio
Since 2005, Michael Bonamarte IV has been a passionate advocate for victims of negligent conduct, corporate malfeasance, and medical malpractice. He has won numerous awards and recognitions, including Best Lawyers in America and Super Lawyers’ Rising Star. He has presented for the American Association for Justice, the AAJ Nursing Home Litigation Group, the John Marshall Law School, and numerous other legal associations. He regularly lectures at Chicago-area aging organizations about nursing home abuse. His writings have been published by the American Bar Association, the Chicago Daily Bulletin, and numerous other prestigious publications.
Proving abuse and neglect in a nursing home typically requires a variety of documentation, as circumstantial evidence is rarely enough for legal action on its own. To help get justice for your loved one and hold their nursing home accountable for poor treatment, you’ll need to use all the information at your disposal to paint a clear picture of their experiences.
What Does It Mean to Prove Nursing Home Abuse?
To prove nursing home abuse, you must use evidence to establish what your loved one experienced and show that it happened because of abusive or neglectful actions by staff members. Elder care facilities are held to legal and professional care standards, and proving that your loved one’s care fell short of those standards is essential to a successful case.
Definitive “proof” of abuse or neglect is uncommon, so gathering a variety of information, documentation, and testimony is usually necessary to prove a nursing home abuse claim.
What Evidence Can I Use to Prove Nursing Home Abuse?
Some of the many types of evidence that can help you establish abuse and neglect in a nursing home include:
- Your loved one’s medical records and care plan
- Care notes from staff and nurses
- Any incident reports involving your loved one
- Photographs of any signs of abuse and neglect you’ve observed
- Your own notes regarding when and how your loved one may have been mistreated
- Witness testimony from your loved one, staff members, or other residents
- Testimony from a medical expert showing that your loved one’s injuries came from physical abuse or neglect rather than an accident
If you’re unsure what evidence you need for your first consultation with a nursing home abuse lawyer, just bring whatever you have available to you. Your attorney can help you gather and preserve any other critical evidence.
What Challenges Will I Potentially Face in Proving Nursing Home Abuse?
Nursing home abuse cases are rarely straightforward. Some of the common roadblocks and complications you might experience when building your claims include:
- Victim testimony: Nursing home residents are often vulnerable to abuse and neglect because many are unable to reliably communicate about their experiences. Even those who are physically or mentally capable of giving testimony may feel too embarrassed or ashamed to report emotional abuse. If your loved one can’t explain what happened to them, your case will lack a crucial firsthand viewpoint from the main victim.
- Lack of witnesses: Nursing home residents can often be left alone with a single staff member throughout the day, enabling abuse without anyone around to observe it.
- Conflicting explanations: Staff can attempt to paper over abuse or neglect by making inaccurate written reports or telling family members an acceptable story for why their loved one was harmed.
- Plausible deniability: When unexplained injuries and other potential symptoms of mistreatment overlap with common accidents, medical issues, or effects of aging your loved one is already facing, it can be difficult to prove they came from abuse or neglect.
- Time-sensitive evidence: Physical injuries and other signs of abuse can fade quickly, making it difficult to properly document or tie to other circumstantial evidence.
What Should I Do If I Suspect Nursing Home Abuse?
If you believe your loved one is being abused or neglected, you should act immediately to ensure their safety and begin building a legal case:
- Start taking notes: Record details about any potential signs of abuse during each visit.
- Gather relevant records: Request your loved one’s medical file, care plan, and any documents on file at the facility that relate to them.
- Report the abuse: If your loved one is in immediate danger, call the police as soon as possible and get them medical attention if necessary. Otherwise, you can file a complaint with the facility’s management or report the case to the Illinois Long-Term Care Ombudsman.
- Talk to a lawyer: A trusted nursing home abuse attorney can advise you on the best way to proceed with your case.
How Can a Nursing Home Abuse Lawyer Help Me?
A nursing home abuse attorney can oversee your loved one’s case, using their professional experience to find and preserve evidence you might not be able to access on your own. Your lawyer will examine whether you likely have a valid legal claim, then work with medical experts to help you prove your loved one’s experiences and get the justice your family deserves.
Talk to a Chicago Nursing Home Abuse Lawyer About Your Concerns
The Levin & Perconti team has built a strong reputation as a leader in nursing home abuse law. We’ve been fighting to protect the rights of nursing home residents for over 30 years, recovering more than $2 billion for families like yours. If you believe your loved one is being abused or neglected, we’re ready to help you hold the nursing home accountable. Contact us online or call (312) 332-2872 today to schedule your free consultation.
