Bruises & Cuts

My elderly father is not mentally sound, and he frequently curses and yells at the nursing home staff.  Recently, I noticed several bruises and cuts – it appears that someone has hit him. My father does not have the ability to testify in Court – how could we pursue a case?

In cases of severe physical injury or death, examining physicians or even non-examining physicians with access to the medical records can testify that a particular injury is most consistent with intentional harm (rather than an accidental fall). Also, as part of the investigation into a case, your attorney may want to retain the services of a private investigator to observe, videotape or otherwise record the activities within a nursing home.

You can be a great help to your attorney by keeping a diary of events that seem suspicious and by writing down the names of all personnel that you see.  Nursing home abuse cases may take months or years to get to court, and employees may change jobs or move. However, personnel records can be subpoened and individuals can be found.  The more information you can provide your lawyer, however, the better your chances for preserving testimony and other good evidence.