How Nursing Home Expert Witness Services Can Help In Negligence Cases

The elderly are in a vulnerable position. They rely on other people, and since they suffer from a plethora of medical issues, they require 24/7 care to live a happy life.

Unfortunately, once they are in a nursing home, they depend on people who are, for lack of better terms, strangers. Even if these professionals are obligated to uphold the highest medical standards, this isn’t always the case, which is why it’s so common for nursing homes to be at the center of many lawsuits. 

These cases are usually very complex, and lawyers often require the help of special expert nursing home expert witness services to establish clear proof that negligence occurred.

Today, we’ll explore nursing home negligence in more detail and explain the role of nursing home expert witness service in these cases.

Nursing Home Negligence Explained

Nursing home negligence, while having elements of abuse, still has a specific definition. It occurs when the inaction of a staff member or an employee of the nursing home, causes physical or emotional trauma to an elderly person in their care.

This doesn’t have to be intentional, but it can still cause serious effects. For instance, it could lead to various injuries, and in the worst-case scenario, even lead to death. 

Abuse, on the other hand, happens when the elderly individual suffers emotional, physical, financial, or sexual abuse at the hands of an employee of the institution. In other words, it occurs when one person intentionally harms a resident in their care.

Types of Negligence in Nursing Homes

Before exploring how nursing home expert witness services help negligence cases, we first need to explain different types of abuse.

As we previously discussed, negligence in a nursing home can happen with through ignoring the physical needs, as well as the emotional security of elderly individuals. This can cause permanent trauma and lead to serious conditions, regardless of the type of neglect that occurred.

Here are the two most common types of negligence in nursing homes:

1. Physical negligence

There are many forms of physical negligence. For instance, failing to provide proper hydration or nutrition to an elderly individual can cause serious medical problems. The same goes for injuries that occur when a nursing home employee refuses to assist an elderly person in going to the restroom. If this happens, the elderly may try to walk to the restroom on their own, which can cause a severe slip and fall injury.

Physical negligence also occurs when the patient isn’t provided the right medication at the right time, which can cause severe complications and even death.

All of this flies in the face of the main purpose of nursing homes and assisted living facilities - ensuring that vulnerable members of society receive proper supervision and a high level of care. 

2. Emotional negligence

While not as dangerous as physical negligence, emotional negligence can severely impact the well-being of the elderly. 

There are too many examples of emotional neglect, but the most common example is not allowing senior citizens to visit their friends and family. Other examples may include treating the resident as a child, taking away their possessions as punishment, and even silent treatment. 

Eventually, emotional anguish from neglect can manifest in different ways, even physically. This is usually prevalent with patients who already have a serious neurocognitive disorder, such as dementia or Alzheimer’s disease.

Signs of Negligence

Some of these signs aren’t apparent, and in some cases, may not even point to any form of neglect. Yet many individuals who were harmed by the personnel in the nursing home show the following signs: 

• Drastic changes in body composition (weight loss or weight gain)
• Malnutrition and dehydration
• Infections such as bedsores
• Inadequate hygiene 
• Behavioral changes such as depression and anxiety, self-harm, etc.
• Medical complications resulting from improper medications

While signs of physical negligence are usually clearly visible, signs of emotional abuse or neglect often go unreported. This is why a nursing home expert witness service is sometimes necessary to successfully prove that emotional neglect did occur. 

Role of A Nursing Home Expert Witness Service in A Negligence Suit

In complex cases, lawyers may hire expert witnesses to successfully prove that negligence did happen. This is especially true if the case matter is something that may not be readily apparent, or outside the area of comprehension for most juries.

In nursing home negligence suits, the main goal is to prove that the nursing home clearly violated standards of safety and care

This usually requires a medical expert who is familiar with the requirements and procedures in nursing homes. Most people won’t be able to tell what’s the appropriate care for the elderly with different levels of experience - medical experts will be able to clarify this fact.

It’s also worth noting that nursing homes have a wide range of responsibilities. For instance, they need to care about the day-to-day needs of their residents (getting them dressed, fed, and giving them medication), but they also need to take care of them during social activities to make sure they’re completely safe. 

A nursing home expert witness services provider will be familiar with all the details surrounding the care of elderly individuals. They’ll know exactly what duties administrators, staff, and nurses need to perform to ensure a proper level of care for the elderly.

At the same time, they’re also familiar with the medical responsibilities of nursing homes, such as pain management, psychiatric care, emergency medical care, etc.

Building A Bulletproof Nursing Home Negligence Case

Sadly, some elderly individuals suffering at the hands of negligent nursing home staff might never see justice. However, successful negligence cases may raise awareness about this issue.

Nevertheless, to win a negligence case, lawyers must have an expert witness on board who can help clarify to the judge and jury exactly how the elderly individual suffered due to a negligence nursing home.

More importantly, experts can also help build a stronger case and even quantify the damage in monetary terms. This is why if you’re on a legal team in a negligence case, you owe it to yourself to hire a nursing home expert witness