Do you believe an elderly relative may be the victim of abuse or neglect in their long-term care facility? You and your family could recover compensation for any physical, emotional, and financial losses your loved one suffered.
Our South Carolina nursing home abuse lawyers provide compassionate guidance and help you hold the negligent nursing home accountable. At George Sink, P.A. Injury Lawyers, we are dedicated to protecting the rights and well-being of elders.
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What Is Nursing Home Abuse & Neglect?
Nursing home abuse and neglect can take many forms. Employees may ignore residents of nursing homes due to limited staffing. They could also push, hit, or exhibit other aggressive acts. Some forms of abuse and neglect are harder to detect, such as emotional abuse, but these can be just as painful for victims.
No matter how abuse or neglect occurs, you should never tolerate it. The law requires assisted living facilities and employers to provide safe conditions for residents and meet an expected standard of care.
Some staff can fail to uphold this duty, and elderly residents suffer harm as a result. Negligent employees can be held fully accountable for the injuries and damages victims suffer.
Types of Nursing Home Abused Your Loved One Could Be Suffering From
Common examples of nursing home abuse and neglect include:
- Physical abuse or assault
- Improper use of restraints
- Sexual abuse
- Inadequate assistance with your loved one’s nutrition and hydration needs
- Neglecting hygiene
- Social isolation
- Emotional abuse or intimidation
- Environmental hazards on property
- Financial exploitation
What Are the Signs That My Loved One is Facing Abuse?
Because victims may lack the ability to speak out, it is common for abuse and neglect to go unreported. Even if your loved one does not directly discuss the abuse with you, these may be signs that they’re facing harm:
- Unexplained injuries, bruises, or burns
- Unusual behavior or mood changes
- Weight loss or decline in health
- Missing funds or items
- Bedsores / pressure ulcers
- Poor hygiene or living conditions
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How Our Attorneys Can Help You When a Loved One Was Abused or Neglected
Dealing with any injury case on your own can be challenging, let alone in a case involving your loved one’s harm.
We will handle the legal details involved in building a case. From gathering evidence to negotiating a settlement, our lawyers will deal with your case while you focus on more important matters for your family.
Our attorneys can:
Identify the Liable Party and Gather Evidence to Prove Negligence
A central part of an injury case lies in proving that the liable party was responsible for your loved one’s suffering. To do so, we’ll need to show that the nursing home or its staff members were negligent.
In basic terms, negligence refers to carelessness, recklessness, or a failure to care for your loved one as befits a nursing home environment. In legal terms, negligence means that:
- Someone owed your loved one a duty of care
- They breached that duty
- Your loved one suffered injuries and damages as a result.
We can gather evidence to make your case by making use of:
- Medical records
- Witness statements
- Photos of your loved one’s injuries
- Statements from doctors
- Expert testimony, if needed
- Records of past violations on the part of the nursing home
Determine Your Loved One’s Damages
Your loved one and your family may have faced losses related to nursing home abuse in several ways, including:
- Medical care costs: Including ambulance services, emergency care, diagnostic testing, surgeries, hospitalization, physical therapy, and more
- Lost income: If you had to take time off of work to care for your loved one’s needs
- Pain and suffering: Reflecting your loved one’s physical pain and other hardships
- Other out-of-pocket expenses: For instance, if you need to relocate your loved one due to the abuse
Our team will calculate these damages, factoring in how these losses may affect you and your loved one in the future. For example, your loved one might continue to require physical therapy for months to rehabilitate their injuries. We can include this in the value of your case.
Fight for Compensation Through a Settlement or Lawsuit
Depending on the details of your case, you may have multiple legal options. Your attorney may be able to negotiate an out-of-court settlement with the liable party, or they may recommend pursuing a civil lawsuit.
If we pursue a settlement, we will negotiate on your behalf. You will not have to pick up calls from insurance companies and deal with third parties. If our firm advises pursuing a lawsuit, we will litigate on your behalf and navigate the process for you.
Advise You of State or Local Laws That May Affect Your Case
Many laws could be relevant to your case. Your lawyer will advise you of your rights related to the following:
- The Bill of Rights for Residents of Long-Term Care Facilities refers to South Carolina laws that protect nursing home residents and family members. According to this bill, your loved one has many rights that protect their privacy, right to visitation, access to medical care, and more.
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Commonly Asked Questions in a South Carolina Nursing Home Abuse Case
Families may have many questions about how to protect a loved one and take action against their abusers. Our team can help you with answers.
How Can I Report Abuse at a Nursing Home?
According to the South Carolina Department of Social Services, you can report elder abuse in a nursing home by contacting the Long Term Care Ombudsman.
You can reach them at 1-800-868-9095. If you suspect an immediate danger to your loved one or another elder, call 9-1-1.
What Do I Do If I am Out of State and My Loved One is in a South Carolina Facility?
We will do our best to advocate for your family’s needs throughout the process of your case. If we must take your case to trial, our lawyers will seek every option to avoid the necessity of in-person appearances on your behalf. Our representatives can tell you more about how your loved one’s case may proceed and what to expect.
What Steps Should I Take If I Want to Bring a Case Against the Nursing Home?
Even if your family feels helpless in the face of the abuse, you can take some important steps.
- Make a report of the abuse to the facility. This can alert nursing home administrators of a problem and allow the facility to respond. This can also serve as a record of the abuse.
- Determine if you should relocate your loved one. This can be a complicated choice for families and their loved ones. If you can relocate your loved one to remove them from immediate or ongoing danger, you may wish to do so. However, a move can come with its own set of challenges for elders. South Carolina’s Long Term Care Ombudsman may have more resources to assist your family with this matter.
- Gather all the evidence accessible to you. Take photos of your loved one’s injuries, seek medical care as needed, and get the names of any witnesses to the abuse.
- Make regular visits to the nursing home, if possible. Your presence may prevent staff members and others from perceiving your loved one as vulnerable or isolated.
- Get a free case review from our team. We can tell you more about your next steps and how our nursing home abuse lawyers can help you hold a South Carolina facility accountable. The call is free and confidential.
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You Have Someone to Lean on in this Trying Time; Our Firm is Here for You
Our team is prepared to fight for the justice you and your loved one deserve. Our representatives offer freecase reviews and require no upfront fees to begin a case.* We will tell you about your rights and how we can help you through the legal process.
If you believe that your family member is a victim of abuse, we are here and dedicated to helping elders facing harm. We know what steps to take to protect your loved one’s rights and hold the wrongdoers accountable for their actions.
Our Nursing Home Neglect lawyers Can Help Your Family in South Carolina
Our personal injury lawyers serve the state from offices in Charleston, Columbia, Greenville, and other locations. However, if you and your family cannot come to us, staff from George Sink, P.A. Injury Lawyers can come to you. Your lawyer can meet you at home, a local hospital, or another location.
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