If you suspect that your loved one has been a victim of physical or emotional abuse, neglect, or financial exploitation in a nursing home, it’s important to take action.
At Smith, Born, Leventis, Taylor & Vega, we understand the heartbreak and pain that can come from discovering that a loved one has been a victim of nursing home abuse. It’s often difficult to imagine that a place you entrusted to provide care and support could be responsible for such harm.
We want you to know that we’re here to help you and your family through this difficult time.
Your loved one deserves to be treated with dignity and respect.
We believe that nursing homes have a duty to provide a safe and nurturing environment for their residents, and we will work tirelessly to hold them accountable for failing to fulfill these responsibilities.
Nursing Home Abuse Statistics
In 2022, the World Health Organization (WHO) reported that about 1 in 6 people aged 60 and older had experienced abuse in a community setting.
Additionally, according to the WHO, 2 out of every 3 nursing home and long-term care facility staff members in their study admitted they’d participated in some form of abuse toward residents in the previous year.
According to Propublica Nursing Home projects, there are 188 nursing homes in South Carolina, with 47 of those homes having serious deficiencies.
The total fines for nursing homes in the state of South Carolina amount to $3.35 million, with 9 payment suspensions.
The table below shows information about several nursing homes in South Carolina, including the number of deficiencies and fines, as well as staff vaccination rates.
This ProPublica data highlights the importance of ensuring that nursing homes in South Carolina are held accountable for providing adequate care and addressing deficiencies.
Due to the potential for abuse in nursing home facilities, families of nursing home residents are advised to thoroughly research these facilities before making a decision and regularly monitor their loved one’s care to ensure that they’re receiving the best possible treatment.
Types of Nursing Home Abuse
Nursing home abuse is a serious issue that affects countless seniors in our communities. These vulnerable individuals often rely on nursing homes to provide them with the care and support they need.
Unfortunately, not all nursing home facilities meet the required standards.
Nursing home abuse can take many forms, including the following:
Physical abuse may include hitting, slapping or restraining residents.
Emotional abuse may include verbal abuse, humiliation or isolation.
Sexual abuse may include unwanted touching or sexual assault.
Neglect may include failure to provide proper medical care, hygiene, food or water.
Financial exploitation may include the theft of a resident’s money or property.
Signs of Nursing Home Abuse
Some signs of nursing home abuse are easier to spot than others. If your loved one experiences any of the following signs, there may be a reason for concern:
Burns
Unexplained bruises
Broken bones
Bedsores
Cuts or other skin wounds
Sudden weight loss, malnutrition or dehydration
Sepsis (a serious blood infection)
A sexually transmitted disease
Withdrawal, depression or other changes in behavior
Poor hygiene
Messy or dirty room/bedding
Unusual charges on their credit cards or bank accounts
Why Seniors Are Prone to Nursing Home Abuse
Seniors are often vulnerable to nursing home abuse for a variety of reasons, including:
Physical and mental limitations. As people age, they may develop physical and mental limitations that make them more dependent on others for care. This dependence can make seniors more vulnerable to abuse because they may not have the physical or mental ability to protect themselves or report abuse.
Cognitive impairment. Seniors with cognitive impairment, such as dementia or Alzheimer’s disease, may not be able to remember or communicate instances of abuse.
Isolation. Seniors who live in nursing homes may be isolated from their families and communities, making them more vulnerable to abuse.
Power imbalance. Nursing home staff members have a significant amount of power over their residents, including access to food, medication and medical care. This power imbalance can leave seniors more vulnerable to abuse.
Lack of oversight. Nursing homes may not have enough staff or resources to adequately monitor residents and prevent abuse from occurring.
South Carolina Compensation for Nursing Home Abuse and Neglect Claims
In South Carolina, compensation for nursing home abuse and neglect claims can vary depending on the specific circumstances of the case.
Compensation may include the following:
Medical expenses related to the abuse
Rehabilitation costs
Mental health counseling
Moving costs related to relocating your loved one to another facility
Reimbursement for stolen money or property
Pain and suffering
In some cases, punitive damages may also be awarded. These damages are awarded to punish the nursing home for their actions and to discourage them from repeating similar actions in the future.
The amount of compensation will depend on the severity of the abuse or neglect and the extent of the damages suffered by the victim.
Legal Options for Families of Nursing Home Abuse Victims
If a family member has suffered abuse or neglect in a nursing home, there are several legal actions that can be taken, including:
Contact the local authorities. Family members can contact the local authorities, such as the police or Adult Protective Services, to report the abuse or neglect. The authorities can investigate the matter and begin the process of taking legal action against the perpetrators.
File a complaint with regulatory agencies. Family members can file a complaint with regulatory agencies, such as the state health department or licensing board. These agencies can investigate the nursing home and take disciplinary action if necessary.
File a lawsuit. Family members can file a civil lawsuit against the nursing home for damages, including compensation for medical expenses, pain and suffering, and other damages resulting from the abuse or neglect.
Seek alternative dispute resolution. Family members can also seek alternative dispute resolution, such as mediation or arbitration, to resolve the matter outside of court.
FAQs About Nursing Home Abuse
What are the most common signs of nursing home abuse or neglect?
Common signs of nursing home abuse or neglect include unexplained injuries, bedsores, malnutrition, dehydration, emotional withdrawal and changes in behavior or personality.
What are some causes of nursing home abuse and neglect?
Common causes of nursing home abuse and neglect can include understaffing, inadequate training, poor management and failure to perform background checks on employees.
How can I prove nursing home abuse or neglect?
Evidence of nursing home abuse or neglect can include medical records, witness statements, photos of injuries or poor living conditions, and documentation of any complaints made to the nursing home or regulatory agencies.
How much time do I have to file a nursing home abuse lawsuit in South Carolina?
In South Carolina, the statute of limitations for nursing home abuse lawsuits is generally 3 years from the date of the injury or discovery of the injury.
Can I sue a nursing home for the actions of its employees?
Yes, nursing homes can be held liable for the actions of their employees if the employees were acting within the scope of their employment at the time of the abuse or neglect.
What should I do if I suspect my loved one is being abused in a nursing home?
If you suspect your loved one is being abused in a nursing home, you should contact the nursing home administrator, report the abuse to the appropriate state regulatory agency, and contact a nursing home abuse attorney.
Can I still file a nursing home abuse lawsuit if my loved one has passed away?
Yes, if your loved one has passed away as a result of nursing home abuse or neglect, you may be able to file a wrongful death lawsuit on their behalf.
How much does it cost to hire a nursing home abuse attorney?
Many nursing home abuse attorneys work on a contingency fee basis, which means you only pay if you win your case. The fee is typically a percentage of the settlement or verdict obtained in the case. It’s important to discuss fees and payment arrangements with your attorney before hiring them.
Why Should I Hire Smith, Born, Leventis, Taylor & Vega Personal Injury Attorneys in Columbia, South Carolina?
When your loved one has experienced abuse or neglect at a nursing home in South Carolina, you need an experienced legal team by your side. Our firm is dedicated to fighting for the rights of victims and their families.
Our team of skilled attorneys has extensive experience handling nursing home abuse and neglect claims throughout South Carolina.
Our goal is to ensure that you receive the maximum compensation possible for your loved one.
We Have Extensive Expertise in Nursing Home Abuse Cases
We have extensive experience in handling nursing home abuse and neglect cases. Our attorneys understand the complex legal issues that can arise in these cases and have the knowledge and resources necessary to build a strong case on your behalf.
We Can Help You Get Maximum Compensation
Our attorneys will work tirelessly to ensure that your loved one receives the maximum compensation available for their injuries, medical expenses, pain and suffering, and other damages. We will evaluate the full extent of their injuries and losses and fight to hold the nursing home accountable for their actions.
We Can Help You With the Legal Process
We believe that nursing homes should be held accountable for their actions and that legal action can help prevent future abuse and neglect. We are prepared to take your case to court if necessary to ensure that your loved one’s rights are protected.
We Don’t Charge a Fee Unless You Win Your Case
Many nursing home abuse attorneys work on a contingency fee basis, and we are no exception. We only get paid if you win your case, making it a cost-effective option for people who are worried about the cost of hiring an attorney.
Contact Our Law Firm for a Free Consultation
If you suspect that your loved one has been a victim of nursing home abuse or neglect, don’t wait.
Our team will handle every aspect of your case, so you can focus on supporting your loved one during this difficult time and helping them recover.
Contact us todayto schedule your first free consultation and learn more about how we can help you seek the justice and compensation your family deserves.
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