Elder Abuse Trials: The Witnesses

There are all kinds of witnesses who might get called by a skilled Orange County personal injury to testify at an elder abuse trial. One of the witnesses may be a liability expert who will be called to give evidence with regard to the standard of care and the procedures and policies that should be adhered to by nursing homes in order to comply with applicable legal standards of care.
Attorneys may also choose to call the defendants as witnesses. Administrators of the nursing homes can be questioned about their failure to comply with the legal standard of care, as well as state and federal regulations. Of course, the administrators will probably claim that they followed all appropriate laws and regulations; however, lower-level employees, who may have actually violated the laws on a daily basis at management’s behest or with management’s implicit approval, may give testimony that is contradictory to the administrators’ testimonies.

Your Orange County personal injury attorney might also decide to ask the lower-level employees questions about whether they failed to follow the standard of care, laws, rules or regulations because of the administrators’ directives; about whether the administrators neglected to give the employees appropriate training; and about whether there was a lack of time to follow appropriate procedures due to inadequate staffing.

Additionally, if your Orange County personal injury attorney deems it appropriate, he or she should call the employees or independent contractors of the nursing home who made the fiscal and budgetary decisions to testify. The plaintiff’s attorney may also decide to call as witnesses any state or private investigators to substantiate any of the nursing home’s prior violations and the inadequate care that had been provided to the resident plaintiff and other residents.

Family members may also be called to testify. Specifically, they may be asked questions about their expectations of the nursing home, how the nursing home led them to have such expectations, the inadequate care that was given to the resident plaintiff, and they may also be asked to go into detail about their reasoning for bringing the lawsuit in an effort to save other families from having to go through this same type of abuse.

If you need an Orange County personal injury attorney, please call Samer Habbas at (888) 848-5084 for a free consultation.

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