Free Consultation
Discovering that your loved one suffered abuse or neglect in a long-term care facility can be heartbreaking, infuriating, and overwhelming. As you consider taking legal action, understanding what happens before a case reaches the courtroom can help you feel more prepared for the process ahead. Working with a well-practiced nursing home abuse attorney can help you gather evidence, protect your rights, and build a strong personal injury claim against the negligent parties.
Many nursing home abuse cases resolve before trial, but achieving a favorable outcome can depend on the work completed during the pre-trial phase. Lowenthal & Abrams, P.C., understands the legal and medical issues involved and will guide you through the pre-trial steps for Philadelphia nursing home abuse cases.
Investigating the Nursing Home Abuse Claim
The pre-trial steps for nursing home abuse cases in Philadelphia begin with a comprehensive investigation. An attorney must determine how the abuse or neglect occurred, identify the negligent parties, and preserve evidence that may become critical later in the case.
A thorough nursing home abuse investigation can include:
- Reviewing medical records and treatment documentation
- Obtaining nursing home charts and care plans
- Examining incident reports prepared by the facility
- Reviewing state inspection reports and regulatory findings
- Interviewing family members, employees, and other witnesses
- Collecting photographs and video evidence when available
- Consulting qualified medical experts regarding the applicable standard of care
This investigation helps establish whether the nursing home failed to provide appropriate supervision, medical treatment, nutrition, hygiene, fall prevention, or other essential services required to protect residents.
How Does the Discovery Process Begin?
Once sufficient evidence has been gathered, the pre-trial steps in Philadelphia nursing home abuse cases can include filing a complaint outlining the factual allegations and legal basis for the claim. After the nursing home responds, the parties enter the discovery phase, during which each side exchanges information relevant to the lawsuit.
During discovery, a nursing home abuse case can involve written interrogatories, requests for documents and electronic records, requests for admissions, depositions of nursing home employees, administrators, medical providers, and expert witnesses, and independent review of medical records by retained experts.
Discovery can be the longest stage of litigation because it allows both sides to evaluate the strengths and weaknesses of the evidence. Nursing home facilities may possess thousands of pages of records, staffing schedules, policies, and internal communications that require careful review.
Expert Witnesses and Motion Practice
Medical experts frequently play a significant role in nursing home abuse litigation. Their opinions help explain whether the facility complied with accepted standards of care and whether those failures caused the resident’s injuries.
Experts can evaluate issues such as:
- Pressure ulcer prevention
- Fall prevention protocols
- Medication administration
- Infection control
- Staffing adequacy
- Resident supervision
- Medical causation
In addition to retaining experts, pre-trial procedures in Philadelphia nursing home abuse cases can include motions asking the court to resolve legal issues before trial. These motions may address evidentiary disputes, expert testimony, procedural questions, or requests to dismiss certain claims or defenses. Resolving these matters before trial helps define the issues that will ultimately be presented to the jury.
Enlist the Help of a Philadelphia Attorney for Help Navigating Pre-Trial Steps in Your Nursing Home Abuse Case
Understanding the pre-trial steps for Philadelphia nursing home abuse cases can help you make informed decisions after discovering nursing home abuse. Every stage, from the initial investigation through discovery and settlement negotiations, plays an important role in pursuing compensation from the negligent parties responsible for your loved one’s injuries.
If you need guidance from a hard-working lawyer, contact Lowenthal & Abrams, P.C., today. The firm will evaluate your claim, explain the legal process, and advocate for your family’s interests while pursuing the compensation you deserve.
