Nursing homes should be havens of care, yet for many, they become places of neglect and hidden torment. Though we hope for the best, the worst can happen. For that reason, it’s best to be aware of signs of abuse from the start.
The legal checklist below provides the steps to effectively gather and document evidence if you suspect abuse of a loved one.
Identifying Signs of Nursing Home Abuse
Recognizing signs of abuse is the first step in protecting your loved ones. Abuse can be physical, emotional, or financial.
Nursing Home Abuse Signs
| Physical | – Bruises – Fractures – Bedsores – Malnutrition – Dehydration |
| Emotional | – Change in Mood or Behavior – Withdrawal – Fear – Unexplained Anxiety or Depression |
| Financial | – Unusual bank account withdrawals or activity – Missing belongings or valuables |
Steps to Documenting Evidence in Nursing Home Abuse Cases
Documenting evidence is necessary to build a strong case. Here’s how to gather and preserve evidence.
Collecting Physical Evidence
- Take pictures and videos of your loved one’s condition and injuries.
- Get copies of medical reports and treatment plans and keep them in a safe place. These documents provide professional assessments of health changes that may identify abuse.
- Save clothing or personal items that show signs of abuse, including bloodstains or rips. Store them in a clean, sealed bag.
Recording Witness Statements
- Speak with residents, staff, and visitors to uncover patterns of abuse. Record detailed accounts of their observations and experiences.
- Get detailed statements in writing. Make sure they are signed and dated.
- Use audio and/or video recordings to capture real-time accounts and interactions of witnesses. Make sure you have gotten the person’s permission to record.
Maintaining a Detailed Journal
- Write down dates, times, and specific details of incidents involving abuse or neglect. A well-maintained journal can reveal patterns of neglect and abuse.
- Make note of changes in your loved one’s behavior, physical appearance, and interactions with staff.
- Document your and your loved one’s interactions with nursing home staff, including their responses. Pay close attention to and document any dismissive or defensive reactions.
Legal Considerations and Next Steps
If you suspect nursing home abuse, take appropriate action. First, make sure you are familiar with your state’s elder abuse laws and regulations. You can gather information like this from the Alabama Adult Protective Services. Next, prepare for legal action. Compile all the evidence you have collected, including physical proof, photos/videos, witness statements, and journal entries to support your case. Finally, consult with an attorney who specializes in elder abuse. They can help guide you on patients’ rights and the best next steps to protecting your loved one.
In the fight against elder abuse, knowledge is power. The most important thing you can do to protect the well-being of your loved one and hold nursing home staff accountable is to identify and document evidence. By following this legal checklist, you can gather the right evidence to help seek justice. For more information on elder abuse and prevention and support, visit the National Center on Elder Abuse. Likewise, if you or a loved one has been a victim of elder abuse, contact the experienced attorneys at Timberlake, League & Brooks. We can help.
