Was your family member abused or neglected in a nursing home? A lawsuit can help you hold the facility and any staff who were involved responsible for your loved one’s harm. However, you need a solid case with strong evidence in your favor.
A nursing home expert witness can help you establish the most critical components of your case, including that your loved one experienced severe, undeniable harm and the facility was negligent or abusive during their care. Keep reading to learn more about the benefits of using an expert witness for nursing home abuse cases and how to find one.
Top Challenges When Proving Nursing Home Abuse and Neglect
Unfortunately, proving nursing home abuse and neglect is an uphill battle and there are several obstacles that can make it difficult to get justice for your loved one, like:
A Lack of Evidence
One of the most significant issues that comes up when bringing a nursing home abuse case to court is the lack of evidence. Most abuse and neglect happens behind closed doors where there are no witnesses, and there may not be any physical marks left behind. Those who do see an incident of abuse may be too afraid of retaliation to report it.
Resistance From the Facility
Very few nursing homes are willing to undergo an investigation into potential wrongdoing, even when it stands to benefit the patients. Facilities often have legal teams on hand to defend any claims made against them and may even try to destroy evidence or discredit witness claims.
Difficulty Understanding Medical Standards
Most judges and jury members are regular people without any specialized knowledge about healthcare practices. They often lack the capacity to understand medical jargon and concepts that play an integral role in a nursing home abuse or neglect case.
How an Expert Witness Can Help You Navigate These Obstacles
A qualified expert witness can make all the difference in your case, especially when it comes to establishing that a nursing home did something wrong when caring for your loved one. They can strengthen your legal argument by demonstrating a realistic view of your case and putting what actually happened into terms that illustrate the gravity of the situation.
They can also humanize your case and give real-life examples that create an easy-to-follow narrative that evokes empathy and compassion.
Choosing the Right Type of Nursing Home Expert Witness
When looking for an expert witness to testify on your behalf, there are several things that are important to consider, like:
- The nature of the abuse. If your case primarily deals with neglect, you may benefit most from working with a specialist who understands nursing home protocols and can say whether the facility followed them correctly or not. If your loved one is suffering psychologically, bringing on a mental health professional would also be appropriate.
- The past experience and credentials of the witness. It’s in your best interest to choose a medical expert that has specific experience testifying in nursing home abuse cases and can demonstrate their qualifications to a jury.
- Ability to communicate. Make sure the expert you choose can communicate well and explain their expertise in a compelling and engaging way. During your first meeting, gauge how they make you feel when they talk and consider how a jury might feel when listening to them.
Preparing for Trial
Preparing ahead of time is the key to a successful expert testimony. Your lawyer should work with your witness to go over questions and responses, as well as how to handle attempts to undermine their professional credibility or findings by the defense. When your expert has had some practice, they will naturally be more confident when responding and are less likely to be rattled by aggressive questioning.
When to Reach Out for Legal Help After Nursing Home Abuse
Nursing home abuse and neglect is heartbreaking, especially when it happens to your loved one. You can help them get the justice they deserve from a negligent long-term care facility with the help of our Salem, MA nursing home abuse attorneys. Contact us today to get started by calling (978) 744-8000 or (855) 693-9084. We look forward to helping your family navigate the Massachusetts and New Hampshire legal systems with confidence.
