Suing a Nursing Home for Negligence

Did someone you love suffer abuse or neglect in a South Carolina nursing home? If so, you’re right to be angry and heartbroken about what happened. You also have the right to demand answers and justice for the cruelty your family member endured. Suing a nursing home for negligence is possible under South Carolina law — and Wilson Law Group, LLC can help you do it.

Older and vulnerable adults deserve to live with respect and dignity. When facilities entrusted with their care fail them, our lawyers are here to make things right. Call or contact us online for a free consultation with an experienced nursing home abuse lawyer.

Types of Nursing Home Abuse and Neglect

Nursing home abuse takes many forms, some more obvious than others.

• Psychological abuse occurs when a caregiver inflicts mental anguish or emotional distress on a resident. Examples include verbal assault, insults, threats, humiliation, social isolation, intimidation, and harassment.

• Physical abuse happens when nursing home staff cause bodily harm or pain to a resident. Common forms of physical abuse include striking, shaking, pinching, and shoving. Unlawfully or unnecessarily restraining a patient, physically or through sedation, is also abusive.

• Financial abuse occurs when a caregiver illegally or improperly uses an elder’s money, property, or other assets. Examples include coercing or deceiving patients into signing financial documents or stealing money and other valuables.

• Sexual abuse involves non-consensual sexual contact with a vulnerable adult through force, coercion, or other exploitation. Examples include unwelcome touching, sexual assault, and sexual contact with elders who cannot consent.

• Neglect manifests in different ways in a nursing home setting. A resident could experience medical neglect, where they are deprived of their health care needs. Other forms of neglect could be ignoring a resident’s health care needs or failing to provide social opportunities to enrich their life.

Nursing Home Abuse and Neglect: How Common is It?

Unfortunately, nursing home abuse and neglect happen far too frequently. Data from the National Center on Elder Abuse (NCEA) reveals a striking difference in the reported rates of abuse and neglect among community-dwelling seniors versus elders in nursing homes.

Research shows that seniors who live in homes or apartments in community settings (and may or may not receive in-home assistance) still suffer abuse, but at lower reported rates than their peers in nursing homes. Of community-based elders:

• One in 10 reported experiencing some form of abuse in the past year.
• Over 11 percent experienced psychological abuse.
• More than 2 percent suffered physical abuse.
• Nearly 7 percent reported financial abuse.
• Less than 1 percent said they were sexually abused.
• Around 4 percent reported being subject to some form of neglect.

Elder adults residing in nursing homes, care facilities, and other institutions reported abuse more frequently. Consider these numbers:

• Over one-third of respondents reported psychological abuse.
• Around 14 percent suffered physical abuse.
• Nearly 14 percent experienced financial abuse.
• Close to 2 percent reported sexual abuse.
• Roughly 12 percent experienced neglect.

In every category, elder adults living in nursing homes self-reported higher rates of abuse and neglect. And sadly, experts believe cases of nursing home abuse and neglect are vastly underreported. For every one incident reported to authorities, nearly 24 other cases go undetected.

What are the Signs of Nursing Home Abuse and Neglect?

The signs of elder abuse can be subtle. Look for these red flags:

Psychological abuse

• Unusual withdrawal from daily life or favored activities
• General distress or agitation
• Notable lack of communication or responsiveness
• Unusual self-soothing behaviors, such as rocking or sucking
• Lack of self-care or self-esteem

Physical abuse

• Unexplained bruises, cuts, or restraint marks
• Head trauma, dislocations, or fractures
• Untreated or open wounds
• Strangulation, burn, or bite patterns
• Falls or related signs of a fall, such as broken glasses
• Unexplained behavioral or medication changes

Financial abuse

• Sudden changes in bank account balances
• New withdrawals or disappearances of valuables
• Abrupt changes to wills or other estate planning documents
• Billing statements that seem too high or charges for services not rendered

Sexual abuse

• Bruises, lacerations, or other wounds around the breasts, genitals, or anus
• Unexplained diagnoses of sexually-transmitted diseases or infections
• Unusual incontinence or bleeding around the vagina or anus
• Unusual anxiety, depression, agitation, or sleep disturbances

Warning signs of possible nursing home neglect include:

• Dehydration, malnutrition, or failure to administer or prescribe appropriate medications
• Poor personal hygiene or untreated pressure sores
• Unattended or untreated health issues
• Unsanitary clothing or living conditions

Holding Nursing Homes Accountable for Negligence

Take action immediately if you suspect your loved one may be a victim of abuse at a nursing home or elder care facility. This doesn’t necessarily mean suing a nursing home right away. You can start by:

• Talking to your loved one – If possible, speak to your family member privately about your suspicions. Be aware that many abuse victims are reluctant to speak up, so trust your gut if anything seems off.

• Talk to the nursing home – Administrators should be willing to listen to your concerns and address valid problems. It may be possible to rectify certain situations without the situation escalating further.

• Investigate – Don’t be afraid to look around the nursing home and take notes. Arrive for a visit at an unexpected time. A quality institution should have no issue with visitors touring the facility or asking questions. Be careful not to invade anyone’s privacy by looking at personal records or touching their belongings.

• Contact the police, if necessary – Contact law enforcement at once if there are clear signs that your loved one is in immediate danger.

• Report suspected abuse – You can report nursing home abuse or neglect to the South Carolina Long Term Care Ombudsman Program.

• Contact a nursing home abuse attorney – Talk to a lawyer if you consider suing a nursing home for negligence. The burden will be on you to prove your case, which can be a challenge against businesses backed by tough corporate attorneys.

How Much Money is a Nursing Home Case Worth?

Every case is different. It’s impossible to say how much a nursing home case is worth until a lawyer examines the facts. However, compensation could include money for:

• Medical care your loved one required due to the abuse
• The value of any money, property, or assets stolen
• Time family members missed at work while caring for their loved one
• The pain and suffering the abused adult experienced

Talk to a South Carolina Nursing Home Abuse Lawyer

South Carolina nursing homes are duty-bound to provide quality and compassionate care to vulnerable adults. When they fail, they can be held liable through a personal injury claim. Get Wilson Law Group, LLC on your side. We know time is of the essence in these cases, and we’re available day or night to help. Call or fill out our contact form for a free consultation.