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How can I tell if I have a case against a nursing home?

A: In any case against a nursing home the plaintiff must prove two things: first, the defendant fell below the standard of care and second the failure caused the injury. To evaluate whether we will be able to meet this burden of proof, we take a number of actions to gather information as follows:

  • Interview the client,
  • Order medical records,
  • Review medical records,
  • Order additional records disclosed in initial medical record review,
  • Interview selected witnesses,
  • Consult with a medical expert witness, and
  • Discuss the findings with the client.

Once the information is available we analyze the evidence. Here are just a few of the many questions we ask: Is the evidence credible? Will a witness be available to testify? Does the witness have a good memory? Are nursing home records consistent? Are there gaps in the medical records? Are the records consistent from one health care provider to the next? Do the medical records document care obviously not provided such as care documented after a patient is dead or is in the hospital? Is it clear from the medical records that a patient was not turned and repositioned every two hours? Is the injury serious enough to justify the cost of the lawsuit? Will the defendant appear sympathetic?

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