Access to the proper records and documentation is key to any claim of nursing negligence. State and federal court rules of civil procedure allow plaintiffs to issue a Request for Production of Records after they file their Petition for Damages. Doing so allows the plaintiff to access documents he or she may not already possess.
Some of the most common document requests include color copies of medical records, incident reports, training materials for staff and facility complaints. Color copies of medical records allow the plaintiff to determine if the record was altered in an effort to conceal misconduct. For instance, each shift at a nursing home typically uses different colors. Thus, a color copy will show critical details that a black and white copy will miss. Similarly, incident reports will provide more far more information about an event than a nurse’s notes. For these reason, both the incident report and color copies of medical records are essential to a nursing home negligence claim.
Training materials and facility complaints help a plaintiff in other ways. For example, training materials show how the facility prepared nursing home employees for their job. If the facility failed to train staff to handle circumstances leading to the injury then it may be guilty of negligent training. Similarly, facility complaints may establish that the defendant was “on notice” that similar injuries occurred previously. Indeed, the facility complaint can help show the nursing home knew the danger existed and failed to remove or correct it.
Nursing home negligence claims involve many complex legal and medical issues. Having the right attorney is essential to recovering what you deserve. Our Kansas City nursing home abuse law firm will do everything possible to assist you in obtaining the maximum compensation you deserve. More importantly, our Kansas City nursing home abuse law firm will serve as an ally that will give you and your family the respect and compassion it needs. Contact us for your free consultation today.