Updated February 20, 2020

What Evidence Do I Need to Prove Nursing Home Abuse?

You suspect your elderly loved one has been abused, identify the warning signs, and take appropriate action. However, even though you are sure of what has happened, you must prove to arbitrators, courts, defendants, and insurance companies that the nursing home was negligent or abusive.

What are Five Types of Evidence to Collect?

Evidence is a must-have when building your legal case. The following various types of evidence can all contribute.

Medical and Financial Records

Medical records are an official documentation of injuries. Physical injuries especially lead to medical treatment, resulting in a record at the hospital. Gather these documents as evidence.

Similarly, if you suspect financial abuse, records such as bank statements are important to collect.

Nursing Home Documentation

Nursing homes and other care facilities often have their own documentation procedures. Injury reports, staff logs, and resident charts can provide details about the staff-to-resident ratio, noted physical conditions, and who was working at the time of the abuse.


Take photographs and videos whenever possible. Consider photographing injuries such as bruises, medication, clothing, and the surrounding physical environment. It may be unclear at that time what could have contributed to the abuse, so air on the side of caution.

Time and date stamp the photographs as well.

Witness Testimonies

Statements from witnesses are a crucial part of building a solid legal case. Other nursing home residents, staff members, or people who visited the care facility can all provide valuable testimony.

Collect the names and contact information of all potential witnesses and, if possible, get a written testimony as well. An attorney can later go back and ask these witnesses further questions.

Personal Logs

If you suspect abuse or neglect at play, there’s a good chance you have been making observations that can be used as evidence. Keep a detailed log of the abuse, making notes such as the following:

  • Copies of written complaints you have submitted to the facility
  • Summaries of conversations with staff members
  • Answers your loved one has given to questions about the abuse
  • Observations by close family members
  • Dates and times
  • Witnesses and perpetrators
  • Description of the incident

Secure this log in a safe place outside of the nursing home environment.

Contact a Nursing Home and Elder Abuse Attorney Today

If you suspect that your elderly loved one is being abused or exploited, contact the Indianapolis Nursing Home and Elder Abuse Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you fight for the compensation your family deserves.

Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

Request a Free Consultation

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Let WKW put our experience to work for you. Contact us for your free case evaluation.


Or, call us today at (317) 920-6400

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