It’s essential to understand the importance of preserving all relevant evidence from the time your loved one was in that nursing home. This evidence will be crucial in building a strong case to seek justice for your loved one. When something feels wrong, evidence is your strongest ally. Here’s how to collect it and protect your case.
Start a Daily Log
During your loved one’s stay in the nursing home, it’s vital to keep detailed records of their care and any incidents that raise concerns. A simple notebook can document everything the nursing home leaves out. This documentation will serve as a valuable reference when discussing your case.
Keep track of:
- Changes in behavior
- Missed medications or meals
- Responses from staff
- Names and times of conversations
These notes help establish a pattern of concern. In court, they become a timeline that shows your loved one’s care, or lack of it, day by day.
Save Every Message
If you’ve had any email correspondence with the nursing home or discussions with family members about your loved one’s care, save these communications. Don’t delete those emails or texts. They may contain critical information or admissions that can support your case.
Keep:
- Emails to and from nursing home staff
- Texts with relatives discussing concerns
- Notes from phone calls with the facility
Quick messages between family members or from staff can help piece together what was happening behind the scenes.These casual records often show that you raised red flags, and that they weren’t addressed.
Take Clear Photos
Photos are powerful. If you have photographs or videos that depict bedsores, injuries, or any form of neglect or abuse your loved one endured, these visuals are essential exhibits for your case.
What to photograph:
- Bedsores and wounds
- Unexplained bruising or injuries
- Dirty bedding or living conditions
- Empty food trays
Photos with timestamps or visible dates carry extra weight. Back them up digitally and keep copies. Repeated photos over time can show how a condition was allowed to worsen.
Request Facility Records
Any letters or correspondence you’ve received from the nursing home regarding your loved one’s care should be preserved. These documents can provide valuable insight into the care your loved one received.
Ask for:
- Incident reports
- Medication and treatment logs
- Staff assignments for specific dates
- Restraint or behavior documentation
You have the legal right to request certain documents. Nursing homes are required to maintain logs, even if they’re hesitant to share them. And in many cases, the gaps or inconsistencies in their records become a key part of your case.
Keep All Communications
Even short voicemails or mailed notices can support your case. When something feels off, documentation gives you leverage.
Don’t throw away:
- Letters or notices from the nursing home
- Voicemails from staff
- Informal notes or emails from family
Even if a message seems minor at the time, it may support a larger pattern later. Small pieces of information build the big picture.
Understand Pushback
Families often report that the nursing home was cooperative, until they started asking questions. Suddenly, policies change and communication slows.
If you’re being stonewalled after asking for records or explanations, that’s a red flag. It often signals the facility is moving into self-protection mode.
You’re Not Alone
These situations are emotionally heavy, and no one prepares you for the heartbreak of watching someone you love be mistreated in a place that promised to care for them.
Standing up for a loved one in a nursing home is overwhelming. But gathering evidence isn’t just about a legal case, it’s about protecting someone who can’t protect themselves.
Call for Help
Preserving evidence is a critical component of any nursing home malpractice case. By documenting everything, saving emails and correspondence, preserving photographs and videos, and retaining facility records, you provide essential materials to build a strong legal case. If something doesn’t feel right, it probably isn’t.
We can help you take the next step, confidentially and with compassion.
Call Williams DeLoatche, P.C. at 757-547-5555 for a free case evaluation. We’ll help you understand your rights and how to move forward.