Yes, they may still have a case.
There may be other evidence that can substantiate a person’s harm was caused by neglect or abuse. Some alternative evidence may include:
Lake of Medical Record Documentation
Nursing homes are required by law to document many things about their patients. Any failure to document required information that concerns abuse may be evidence that abuse has occurred.
A medical or biomechanical expert may be able to prove that the type of injury sustained was likely caused by neglect or abuse.
Escape and Wandering
It doesn’t matter if a person recalls how they escaped from a facility. The fact that they were able to leave the facility may be evidence enough to establish neglect.
Physical signs of sexual abuse may be all that is necessary to prove a case for elder abuse. If there is no other plausible explanation, that is good evidence and it is likely adequate to establish a case.
Inadequate Policies and Procedures
Nursing homes should have policies and procedures regarding how their facility should function. The policies and procedures should also outline how patient care should be administered.
Contact a Nursing Home Lawyer
These are just a few examples.
If you believe your loved one has been or is currently being abused, you should act on your suspicions.
The best first steps you can take is contacting an attorney and reporting the suspected abuse to the authorities.
Nursing home cases are complex and the potential evidence that a good nursing home lawyer could use to establish a case may not be something you think about.
I offer free and confidential no pressure case evaluations on all nursing home abuse cases. Contact my office today to discuss your situation.