Columbia Nursing Home Abuse Lawyers

Compassionate Legal Help When You Need It Most

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 essential 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 trusted to provide care and support could be responsible for such harm. 

We want you to know we’re here to help you and your family through this difficult time. Our team of dedicated nursing home abuse attorneys in Columbia is committed to seeking justice for affected families.

Your loved one deserves to be treated with dignity and respect. 

We believe that nursing homes must provide a safe and nurturing environment for their residents, and we will work tirelessly to hold them accountable for failing to fulfill these responsibilities. To effectively build your case, it is essential to document instances of maltreatment with detailed evidence. Gathering medical records, witness accounts, and photographs of injuries can significantly support your claim.

Are you concerned that your loved one may be a victim of nursing home abuse? Call Smith Born Leventis Taylor & Vega, LLC today at (803) 599-2207 or contact us online for a free consultation to discuss your legal options!

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 three 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 South Carolina amount to $3.35 million, with nine payment suspensions.

The table below shows information about several nursing homes in South Carolina, including the number of deficiencies and fines and staff vaccination rates.

For a complete list of South Carolina nursing homes and violations, visit https://projects.propublica.org/nursing-homes/state/SC

This ProPublica data highlights the importance of ensuring that nursing homes in South Carolina are held accountable for providing adequate care and addressing deficiencies. In addition to these statistics, it's crucial to understand the broader impact on families; emotional distress and financial burden can long follow the acknowledgment of such deficiencies. Moreover, raising public awareness and advocating for stricter regulations can help drive systemic change in care standards.

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.

Abuse can also manifest as healthcare fraud, where residents receive unnecessary or incorrect medications due to fraudulent billing practices. Understanding the multifaceted nature of abuse helps families remain vigilant and proactive in safeguarding their loved ones. Implementing routine checks and staying informed about residents' rights can prevent many instances of maltreatment.

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:

In addition to these indicators, you may notice unexpected changes in your loved one's medication usage, such as increased dosages without medical justification. Additionally, significant fluctuations in mood or a sudden reluctance to speak in front of staff might suggest deeper issues. Maintaining regular communication with your loved one and observing subtle shifts in behavior can provide critical insights into their well-being.

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 significant 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.

In addition to the above, many seniors fear retaliation if they report abuse, which can keep them silent. Furthermore, socioeconomic factors may also come into play; families with fewer resources may be unable to visit frequently or provide alternative care options. Advocacy and community outreach programs focusing on education and intervention can help bridge these gaps.

South Carolina Compensation for Nursing Home Abuse & 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:

In some cases, punitive damages may also be awarded. These damages are awarded to punish the nursing home for their actions and discourage them from repeating similar actions. 

The amount of compensation will depend on the severity of the abuse or neglect and the extent of the damages suffered by the victim. Moreover, compensation might also cover legal costs incurred by families seeking justice for their loved ones. Seeking legal counsel can be pivotal in navigating the complexities of these cases and maximizing the potential recovery.

Legal Options for Families of Nursing Home Abuse Victims

If a family member has suffered abuse or neglect in a nursing home, several legal actions can be taken, including:

1. 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.
2. File a complaint with regulatory agencies. Family members can file complaints with regulatory agencies like the state health department or licensing board. These agencies can investigate the nursing home and take disciplinary action if necessary.
3. 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.
4. Seek alternative dispute resolution. Family members can also seek alternative dispute resolution, such as mediation or arbitration, to resolve matters outside court.

Engaging with a competent attorney can clarify the legal landscape and guide families through the steps necessary to hold negligent parties responsible. Also, compiling a journal documenting every detail as events unfold and collecting relevant legal documents can be instrumental as families seek to address these wrongs.

Community Resources for Families Facing Nursing Home Abuse

Columbia offers various community resources to support families confronting nursing home abuse. The South Carolina Department of Health and Environmental Control (DHEC) is a key agency regulating nursing home facilities. Families can access nursing home inspection reports and register complaints through the DHEC's online platform, offering transparency and accountability for these institutions. Additionally, local advocacy groups such as the South Carolina Office on Aging and local branches of the AARP offer workshops and resources to educate families about elder rights and nursing home standards of care, enhancing their capacity to advocate for their loved ones effectively.

Engaging with local support groups can also provide emotional and practical support. Organizations like the Elder Abuse Prevention Network facilitate discussion groups, offering coping strategies and shared experiences from others who have navigated the complexities of nursing home abuse. These entities give voice to victims and their families and play a vital role in pushing for legislative reforms to improve safety standards in South Carolina’s nursing homes. By connecting with these resources, families can better understand their rights and options, empowering them to take decisive action to protect their loved ones.

The Importance of Legal Representation in Nursing Home Abuse Cases

Having a strong legal team is crucial when navigating nursing home abuse cases. At Smith, Born, Leventis, Taylor & Vega, our dedicated attorneys understand the intricacies of state and federal regulations that govern nursing home standards. By focusing on this type of representation, we can offer nuanced insights into approaching these sensitive cases. Our firm approaches each situation with care, ensuring that our clients feel supported and informed every step of the way. Legal representation not only aids in holding the responsible parties accountable but also advocates for fair compensation to help support the victim's ongoing needs.

A proactive legal strategy includes gathering significant evidence, such as incident reports, medical records, and eyewitness accounts. Bringing this information to light allows us to build a persuasive case focused on obtaining justice for our clients. In addition, we work closely with family members to ensure that the residents' immediate needs are addressed and that any long-term care contracts are scrutinized for legality and compliance with nursing home regulations. Our attorneys are committed to fiercely advocating for your rights and helping to alleviate the emotional and financial burdens brought on by nursing home abuse.

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 cases throughout South Carolina.

We aim to ensure that you receive the maximum compensation 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.

Our commitment to education and continuing legal training ensures that we are always at the forefront of nursing home abuse law developments, providing our clients with top-notch representation.

We Can Help You Get Maximum Compensation

Our attorneys will work tirelessly to ensure your loved one receives the maximum compensation 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.

By leveraging expert testimonies and thorough investigations, we aim to strengthen your position and present a compelling case that advocates for your family's needs.

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 protect your loved one’s rights.

Our client-focused approach ensures that you remain informed and involved in every step of the legal journey, empowering you to make well-informed decisions.

We Don’t Charge a Fee Unless You Win Your Claim

Many nursing home abuse attorneys work on a contingency fee basis, and we are no exception. We only get paid if you win your claim, making it a cost-effective option for people worried about hiring an attorney.

Our transparent communication regarding fee structures ensures no surprises, allowing you to focus on pursuing justice for your loved one.

Contact Our Columbia Nursing Home Abuse Attorneys Today 

If you suspect that your loved one has been a victim of nursing home abuse or neglect, don’t wait. 

Our team of nursing home abuse lawyers near you will handle every aspect of your case so you can focus on supporting your loved one during this difficult time and helping them recover.

If your family member has been harmed in a nursing home, don’t wait to take action. Reach out to our Columbia nursing home abuse lawyers for expert legal support and get the justice your loved one deserves!

FAQs About Nursing Home Abuse

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. Additionally, insufficient funding and support from healthcare programs can lead to substandard care, exacerbating abuse and neglect issues.

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. However, acting promptly to preserve evidence and secure witness testimonies is crucial.

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 they acted 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 near you.

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, seeking justice and compensation for their untimely passing.