Elder Abuse Laws in South Carolina
South Carolina’s Omnibus Adult Protection Act requires specific organizations, such as nursing homes, to provide adequate care and protect older adults from abuse. The Act also establishes abuse reporting guidelines and authorizes certain entities to investigate incidents of elder abuse. Understanding these laws can help you pursue legal action if you or your loved one is a victim of elder abuse in South Carolina.
Common Types of Elder Abuse
Elder abuse comes in many forms, including:
- Physical abuse – A caregiver uses force to inflict bodily harm or physical pain on a patient. Physical abuse can involve actions such as pushing, kicking, or slapping.
- Sexual abuse – Groping, fondling, penetration, harassment, indecent exposure, and any non-consensual sexual activity with a senior are examples of sexual abuse.
- Neglect – Elderly adults are victims of neglect when caregivers refuse or fail to provide adequate care, such as by withholding treatment for injuries or leaving patients in soiled linens.
- Financial exploitation – Financial abuse occurs when a caregiver uses a patient’s assets, money, identity, or personal property illegally or improperly for personal gain.
- Emotional or psychological abuse – Emotional abuse involves inflicting mental pain, distress, or anguish on older adults through behaviors like threatening, humiliating, or yelling.
What to Do If You Suspect Someone Is Being Abused
If you believe the situation is an emergency, call 911 immediately to get your loved one out of the nursing home and to a safe place. Otherwise, you can inform Adult Protective Services or your local long-term care ombudsperson. These parties investigate reports of elder abuse and work to hold nursing home facilities accountable.
You should also hire a South Carolina elder abuse lawyer for representation. A knowledgeable attorney can conduct an independent investigation into the nursing home, communicate with facilities and administrators on your behalf, and demand fair compensation for your loved one’s suffering.
Compensation in Elder Abuse Cases
Depending on the circumstances, you might be able to file an insurance claim or elder abuse lawsuit against the responsible party. If a facility is liable for the abuse, you can usually file a claim with its liability insurance provider. If a nurse, maintenance worker, or another specific party is at fault, you could have grounds to sue them directly.
Whether you file an elder abuse claim or lawsuit, the money you recover could include compensation for:
- Hospital stays, therapy services, and other medical expenses
- Lost income for family members who missed work to provide care
- Pain, suffering, and emotional distress
- Loss of quality or enjoyment of life
How an Elder Abuse Lawyer Can Help
When you hire an experienced elder abuse attorney, they can help you by:
- Gathering compelling evidence for your case
- Communicating with other parties, such as nursing home administrators, insurance companies, and defense attorneys
- Preparing and filing paperwork for your claim
- Negotiating aggressively to maximize your settlement
- Taking your case to trial (if necessary)
Seek Help from an Elder Abuse Lawyer in SC
For over 30 years, Wilson Law Group, LLC has fought for the wrongfully injured in South Carolina. If you are a victim of elder abuse or suspect your loved one is a victim, contact us now for a free consultation.