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Types of Expert Witnesses in Nursing Home Cases

Expert WitnessEvidence is important when building a case for nursing home abuse or neglect. In addition to nursing home documentation, photographs, and your own observations and documentation, expert testimonies can be powerful substantiations of the injuries and mental anguish your loved one suffered due to abuse or neglect. Expert witnesses can also attest to missteps a nursing home facility may have made in facilitating neglect or abuse. 

Nursing home abuse and neglect attorneys are skilled at knowing which expert witnesses you will need to strengthen your case. They may also enlist the help of other experts to testify about the nursing home’s administrative processes or their failure to manage and oversee the facility’s conditions. Our team at Dalli & Marino, LLP can help defend you and your loved one’s rights throughout the entire legal process.

3 Types of Expert Witnesses in Nursing Home Cases

While each case will differ in what types of expert witnesses will need to testify, some of the most common types of expert witnesses in nursing home cases include:

Nursing Professionals

Registered nurses, licensed practical nurses, and forensic geriatric nurses can all testify to the quality of care your loved one experiences in the nursing home. A registered nurse understands that nurses should accurately record detailed data of the resident and complete reports following the facility’s requirements. Accurate data must include:

  • Medical history
  • The present state of the health of the resident
  • Insurance details
  • Updated vitals
  • Prescriptions
  • Procedures
  • Family contact details

An expert witness who is an RN can testify if a resident’s medical record lacks up-to-date details or contains incorrect information that could have contributed to abuse or neglect. Since RNs supervise LPNs and CNAs, they can also testify if a lack of supervision was also the cause.

LPNs are nurses responsible for the regular care of residents. An expert witness in this capacity can testify whether the care administered was acceptable. Forensic geriatric nurses work closely with nursing home residents who may have been abused and neglected. They can recognize abuse and neglect cases, assist other healthcare providers and law enforcement with investigations, and gather evidence.

Nursing Home Administrators

Nursing home administrators are responsible for the health and safety of the residents, visitors, and staff. They must make operating decisions based on the following:

  • Budget concerns
  • Regulatory compliances
  • Staffing and training practices
  • Programming and evaluation of the care and services provided in the nursing home

As expert witnesses, nursing home administrators can testify whether the nursing home’s management failed to provide the expected level of care. For example, a nursing home administrator would know if a nursing home was not complying with state and federal regulations during operations. They would also be able to discern if staffing and training practices were managed correctly. If proper training procedures were not in place or staff hiring was treated carelessly, these concerns could put residents in danger of abuse and neglect. 

Specialized Medical Doctors

Expert doctors specializing in geriatrics, family medicine, psychology, and psychiatry can all act as expert witnesses and testify to the state of a resident’s physical and mental health and how much of it was influenced by abuse or neglect. They can also testify as to the damages that the resident suffered as a result of the abuse or neglect.

These doctors can all work together to separate the physical injuries and illnesses that occur not because of underlying medical conditions but because of external factors. Psychologists and psychiatrists can work together to determine how much a resident was emotionally and mentally impacted by the abuse or neglect they experienced.  

Reach Out to New York’s Nursing Home Abuse Attorneys at Dalli & Marino, LLP

Expert testimony can make the difference when asking for compensation for damages that result from abuse or neglect a loved one receives from a nursing home. The attorneys at Dalli & Marino, LLP are knowledgeable and experienced in nursing home cases, and they know which expert witnesses will get you the best possible outcome for your specific circumstances.

If your loved one has suffered physical injuries and emotional trauma because of nursing home neglect or abuse, our attorneys at Dalli & Marino, LLP will work hard to make sure they get compensation for the damages they endured. Reach out for a free case evaluation by calling us at (888) 465-8790 or completing our contact form.


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