Expert Testimony in Nursing Home Abuse Cases

If you suspect that a loved one has been hurt or has passed away because of abuse, neglect, or other wrongful conduct of a New York nursing home, assisted living center, or other long-term care facility, you should talk to a lawyer about the possibility of filing a claim against the facility on your loved one’s behalf or as the representative of his or her estate. As experienced Rockland County nursing home abuse lawyers, we at the Law Firm of Valerie J. Crown, Attorney at Law, P.C., can help you investigate your loved one’s injury or death, secure expert testimony in nursing home abuse cases, and file the necessary paperwork to assert a cause of action in an appropriate court of law.

The selection of expert testimony in nursing home abuse cases is very important. In addition to reviewing your loved one’s medical records to determine whether the standard of care that was owed to him or her was breached and whether such a breach was the proximate cause of the resident’s injury or death, an expert witness will be expected to testify at trial if the case is not settled out of court. The job of expert testimony in nursing home abuse cases during a trial is to break down complex issues for the benefit of the jury, aiding them in understanding the various issues of the case. Both the plaintiff and the defendant will likely proffer the testimony of at least one expert to testify on their behalf at trial.

As is the case in medical malpractice lawsuits and other negligence cases seeking monetary compensation for civil wrongs, the burden of proof in nursing home physical abuse rests on the plaintiff. This means that he or she must present enough credible, legally admissible evidence to convince the trier-of-fact by a preponderance of the evidence. To do this, the plaintiff must choose a competent and qualified expert witness who can explain the plaintiff’s case to the jury in a credible manner. Without such testimony, the plaintiff’s case will quickly fall apart. In fact, a nursing home abuse case can even be dismissed prior to trial if the plaintiff does not have a qualified professional retained to testify on his or her behalf.

Most nursing home abuse cases come down to a “battle of the experts,” that is, a situation in which the jury must decide which of the differing opinions they should accept in resolving issues such as standard of care, breach of duty, proximate causation, and damages. It is important to note that not all experts are created equally. Some so-called “professionals” are little more than hired guns, who make most of their living testifying in court rather than actually practicing their profession. An attorney who practices in this field regularly can help a potential nursing home abuse litigant find an appropriate professional to review his or her case and, if necessary, testify in court on his or her behalf.

No one should suffer at the hands of a facility that has been entrusted with their care, especially not the most vulnerable and frail members of our society. If you suspect that your loved one has been mistreated either emotionally or physically by a doctor, nurse, or other nursing home employee, you need to talk to a lawyer about the situation as soon as possible. Speaking up for those who cannot speak for themselves is the only way to put a stop to such deplorable conduct. To schedule a free consultation with the Law Firm of Valerie J. Crown, Attorney at Law, P.C., call us at 845.708.5900 or use the contact form on this website. Alternatively, you can reach Valerie’s cell phone at 845.598.8253. There is no charge for the consultation, and most nursing home abuses are handled on a contingency fee contract that does not require any upfront payment for legal services. In addition to nursing home cases from Rockland County and the surrounding areas, our firm handles a variety of personal injury, dental malpractice, and workers’ compensation cases throughout Greater New York.