For many people, it is inevitable that the later years of life will be spent living in a nursing home. While society at large has begun to recognize the benefits of “clean” living, especially when it comes to quality of life for senior citizens, there are just too many random occurrences that an affect a person’s life. Injuries occur and, particularly in old age, illnesses and diseases can take a toll.
But, what happens if you suspect that your loved is suffering from abuse or neglect in the nursing home where they stay? How can Connecticut residents prove their beliefs?
Well, for starters, our readers need to understand that a nursing home neglect or abuse case will proceed under an area of the law known as “tort” law. This means that, to prevail in court, an injured party — or “plaintiff” — needs to prove the existence of several facts. First, that the nursing home had a duty to the injured party, and that the duty was breached. Next, that the breach of the duty resulted in the victim’s injuries. And lastly, that the injuries were the direct result of the breach of the duty owed to the victim.
Of course, like all other cases that go before the courts in Connecticut, the aggrieved party must be able to point to evidence that supports their claim. In the case of nursing home abuse or neglect, the evidence may consist of: photographs of injuries; medical data showing the result of medication errors, dehydration or starvation; or testimony from others who witnessed the alleged abuse.
We trust the nursing homes caring for our loved ones to do so competently, so that our loved ones can spend the last years of their lives in comfort. It can be very distressing to find out a loved one has been the victim of nursing home abuse or neglect. When this happens, the victim’s family may want to seek legal advice, which this post does not provide, to understand more about their options moving forward.