Even if you did not witness your loved one’s incident of nursing home abuse with your own two eyes, there are still ways to prove it to be true. For starters, you may demand that a nursing home facility owner or manager conducts a nursing home incident report. Follow along to find out how necessary it is to obtain a nursing home incident report and how a proficient California nursing home abuse lawyer at Cowdrey & Jenkins LLP can handle the rest.
How necessary is it to obtain a nursing home incident report?
You must understand that state regulations and federal guidelines hold that a nursing home facility owner or manager is required to conduct an internal investigation and subsequently create an incident report after a serious event of abuse occurs. What’s more, as a family member of the victim, you have the right to request a copy of the report.
Essentially, it is important to get a copy of this report if you are considering pursuing legal action against the abusive nursing home facility. This is because this report carries key pieces of information, such as the following:
- The personal information of the residents involved in the incident (i.e., name, room number, date of birth, date of admission, etc).
- The type of incident that occurred (i.e., physical abuse, emotional abuse, sexual abuse, financial abuse, etc).
- The date and time in which the incident occurred.
- Whether the incident was witnessed by any fellow residents, nursing home facility staff, or visitors.
- A brief summary of the incident that occurred.
What other information must I obtain?
You may be acting on your loved one’s behalf as the plaintiff of an elder abuse claim. With this, you carry a burden of proof that cannot be fulfilled with a nursing home incident report alone. Instead, it may be in your best interest to collect additional information, such as the following:
- A copy of the official accident report conducted by a law enforcement officer at the scene of the incident.
- A copy of the surveillance camera footage that recorded the incident.
- Photos and videos of your loved one’s injuries and damages.
- Medical records that report the seriousness of your loved one’s injuries.
- Medical bills that report the cost of your loved one’s injuries.
- The contact information of the witnesses present at the time in which the incident occurred, along with their oral or written testimonies.
- Personal statements made by family members on how the incident diminished your loved one’s quality of life.
The first step you must take in your legal action is to make a phone call. Without further ado, pick up the phone and contact a talented California elder abuse lawyer from Cowdrey & Jenkins LLP today.