When a loved one suffers neglect or abuse in a nursing home, proving liability is essential to seeking justice. Establishing liability in Pittsburgh nursing home abuse cases involves demonstrating negligence—showing that the facility or its staff failed in their duty of care, leading to your loved one’s harm. This process requires strong evidence, such as medical records, witness testimony, and documentation of injuries or poor conditions.
Navigating the legal process on your own can feel overwhelming. Let our dedicated nursing home abuse attorneys at Bordas & Bordas help. We have the legal experience and skills required to build a strong case that proves the nursing facility’s negligence and helps you obtain fair compensation for your loved one’s suffering.
What Is Liability and How Does it Apply to Nursing Home Abuse Cases?
In Pittsburgh, all abuse and neglect cases fall under negligence law, and there are four elements to negligence:
- Duty
- Breach of duty
- Causation
- Damages
All nursing homes in Pennsylvania have a duty to act as any other reasonably prudent nursing home facility and to treat their residents with the proper care, dignity, and respect. This duty extends to the various doctors, nurses, and aides who work within the facility.
If they do not act reasonably in providing care but instead neglect or abuse a resident, they breach their duty. Any breach of their duty that causes harm or damages would then create a viable case for negligence.
These are the primary elements required to establish a Pittsburgh nursing home’s liability in abuse and neglect cases.
Types of Evidence Used to Establish Nursing Home Liability
Evidence comes in all forms. Typically, the case is centered on the medical or the nursing home record. The documents that are associated with the care and treatment provided to the residents run the basis for the evidence. However, evidence can come in other forms, such as:
- Witness testimony
- Policies and procedures
- Photographs and videos
- Affidavits
Our Pittsburgh lawyers can use any or all of these forms of evidence to prove the nursing home is liable and should be held accountable for your loved one’s harm.
Recoverable Damages for Nursing Home Abuse Victims
There are typically three forms of available compensation:
- Economic damages for the payment of medical bills, lost wages, and loss of future earnings
- Non-economic damage, such as pain and suffering and loss of enjoyment of life
- Punitive damages which is a type of damages designed to punish a defendant for intentional or reckless conduct
Our Pittsburgh attorneys could review the circumstances of your case and demand compensation for each and every loss your loved one suffered.
Steps You Can Take to Help Prove a Nursing Home Is Responsible for Your Loved One’s Harm
Nursing home abuse victims are often represented by family members, guardians, or individuals with power of attorney, as many residents suffer from cognitive decline or incapacity. Those closely involved in the resident’s care serve as essential resources for attorneys in establishing liability in Pittsburgh nursing home negligence cases.
You can assist your attorney by documenting daily occurrences, noting unusual findings like bruises or poor hygiene, and taking photos as evidence. You should also report concerns in writing, such as emails to the nursing home administrator, to create a record of complaints and put the facility on notice.
Reach Out to Our Pittsburgh Attorneys for Help Establishing Liability in a Nursing Home Abuse Case
A lawyer plays a key role in establishing liability in Pittsburgh nursing home abuse cases. They can also help with gathering evidence and building a strong case for comprehensive compensation.
Therefore, it’s crucial to choose an attorney experienced in nursing home abuse cases, as they understand relevant regulations, common facility negligence (e.g., understaffing, poor background checks, lack of oversight), and tactics used to conceal misconduct. Having a skilled legal professional in your corner increases the chances of a successful outcome.
Schedule a free consultation with one of our qualified and compassionate attorneys at Bordas & Bordas today to get the legal support you need and deserve. Let us help you seek justice for your loved one.