Elder abuse can be life-threatening. If your loved one has been hurt or neglected, a Charleston personal injury lawyer can help you seek justice.
Nursing home residents are entitled to a safe and caring environment. When abuse or neglect occurs, the responsible parties should be held accountable.
The Thumbs Up Guys at Miller, Dawson, Sigal & Ward have recovered millions for families like yours. If you suspect your loved one has been the victim of elder abuse, a Charleston nursing home abuse lawyer from our team can help you file a claim and pursue justice.
Can You Sue a Nursing Home for Abuse?
Yes, you can sue a nursing home for abuse if you or a loved one has suffered harm due to negligence, intentional misconduct, or failure to provide proper care.
These facilities have a legal obligation to ensure the safety and well-being of their residents. When they fail to meet these standards, they can be held liable for damages. Common grounds for lawsuits include physical abuse, emotional abuse, neglect, and financial exploitation.
For a free legal consultation with a nursing home abuse lawyer serving Charleston, call (843) 380-8350
How Can a Charleston Nursing Home Abuse Lawyer Help?
If your loved one has suffered elder abuse, an attorney can:
- Investigate the abuse or neglect claims
- Gather evidence such as medical records, witness testimony, and surveillance footage
- File legal claims and represent you in court or settlement negotiations
- Advise you on the best legal strategies to achieve justice and fair compensation
A nursing home abuse lawyer in Charleston can help your family achieve the justice you deserve.
Charleston Nursing Home Abuse Lawyer Near Me (843) 380-8350
How Soon Should You Hire an Attorney?
You should hire an attorney as soon as you suspect nursing home abuse. Early legal intervention allows for the timely collection of evidence and prevents the facility from covering up misconduct.
Click to contact our Charleston Personal Injury Lawyers today
How Much Does a Nursing Home Abuse Lawyer Cost?
Most nursing home abuse lawyers, including those at Miller, Dawson, Sigal & Ward, work on a contingency fee basis. This means you won’t pay any upfront fees, and your lawyer only gets paid if you win.
Your lawyer’s fee will be a prearranged percentage of your settlement. You can discuss this figure during your initial consultation.
Complete a Free Case Evaluation form now
How Much Can You Sue a Nursing Home for Negligence?
The answer as to how much you can sue a nursing home for will depend on the severity of the elder abuse or neglect. Generally speaking, settlements range from tens of thousands to millions of dollars.
A nursing home abuse attorney in Charleston can make sure your settlement covers your family’s losses.
What Types of Damages Can You Recover?
You and your family can recover a variety of damages in this kind of case, including:
- Medical expenses: You can recover costs for hospital visits, medications, rehabilitation, and ongoing medical care related to the abuse or neglect.
- Therapy and counseling costs: You may seek reimbursement for mental health services needed to address emotional trauma.
- Relocation expenses: You can recover the costs of moving your loved one to a safer facility.
- Lost wages: If you had to leave work or reduce your hours to care for your loved one, you may claim compensation for lost income.
- Pain and suffering: You can pursue damages for physical pain and emotional anguish experienced by the victim.
- Loss of enjoyment of life: You may seek compensation for the diminished ability to enjoy daily activities and personal relationships.
- Funeral and burial expenses: In cases where abuse or neglect leads to death, you can claim costs associated with end-of-life arrangements.
- Loss of companionship: You may seek damages for the loss of emotional support and companionship provided by the victim.
- Property loss or damage: You can recover compensation for stolen or damaged personal belongings.
How Successful Are Nursing Home Lawsuits?
Every lawsuit is different. Nursing home lawsuits tend to be successful when there is clear evidence of abuse or neglect.
Your claim’s success will depend on the quality of your legal representation and the strength of your evidence.
What Is the Statute of Limitations for Nursing Home Abuse Lawsuits in South Carolina?
In South Carolina, the statute of limitations for nursing home abuse lawsuits is generally three years from the date of the injury or when the injury was discovered. If you miss this deadline, you could lose your right to sue.
A Charleston nursing home abuse attorney can make sure you file on time.
How Do I Know if I Have a Case?
You may have a case if:
- The resident shows signs of abuse or neglect
- There is evidence of substandard care
- The facility violated federal or state regulations
An attorney can help clarify whether you have a viable claim.
How Do You Prove Nursing Home Abuse?
To hold a facility accountable for abuse, you must establish liability by proving:
- Duty of care: Nursing homes have a legal obligation to provide adequate care and ensure the safety of their residents.
- Breach of duty: You must demonstrate that the facility or staff failed to meet the expected standard of care.
- Causation: You must demonstrate a direct link between the breach of duty and the harm suffered by the resident.
- Damages: You need to show that the resident experienced specific damages, such as physical injuries, emotional trauma, or financial losses, due to the abuse or neglect.
To establish liability, an attorney can gather evidence such as photographs, medical records, and incident reports, as well as testimony from eyewitnesses and medical experts.
Common Legal Strategies
Some of the most common legal strategies in this kind of case include:
- Demonstrating the facility’s failure to meet care standards
- Highlighting previous violations or complaints against the facility
- Using expert testimony to establish the connection between negligence and harm
How Long Does It Take to Sue a Nursing Home?
The length of elder abuse lawsuits varies from case to case. Some are settled within a few months, while others last for years. Factors that can affect the duration of a suit include the complexity of the case, the parties’ willingness to settle, and court schedules.
How Does the Nursing Home Abuse Lawsuit Process Work?
The lawsuit process typically involves the following steps:
- Consultation: The plaintiff discusses the case with an attorney to assess its merits.
- Investigation: The attorney collects evidence and builds a strong case to support the claim.
- Filing a complaint: A formal lawsuit is initiated by submitting a complaint to the appropriate court.
- Discovery: Both parties exchange evidence and information to prepare for trial or settlement negotiations.
- Settlement or trial: The case is resolved either through negotiation and agreement or by proceeding to court for a judicial decision
What Rights Do Nursing Home Residents in South Carolina Have?
Nursing home residents in South Carolina have rights under the federal Nursing Home Reform Act and other state laws. These rights include:
- The right to dignity, respect, and privacy
- The right to be free from abuse, neglect, and exploitation
- The right to participate in their care planning and decisions
If your loved one’s rights have been violated, you may have a case.
What Is the Difference Between Nursing Home Abuse and Neglect?
Nursing home abuse and neglect have distinct legal definitions:
- Abuse involves intentional harm, such as hitting, verbal insults, or financial exploitation.
- Neglect refers to the failure to provide basic needs like food, hygiene, or medical care, leading to harm.
While the definitions of abuse and neglect differ, both can form the basis for lawsuits.
What Is Elder Abuse Under South Carolina Law?
In South Carolina, elder abuse encompasses physical, emotional, sexual, or financial harm inflicted on an older adult. South Carolina law also includes neglect and exploitation as forms of elder abuse.
Signs of Nursing Home Abuse or Neglect
Common signs of nursing home abuse or neglect include:
- Unexplained injuries like bruises or fractures
- Sudden weight loss or malnutrition
- Poor hygiene or bedsores
- Behavioral changes such as withdrawal or fearfulness
Types of Nursing Home Abuse
Nursing home abuse can take various forms:
- Physical abuse: This includes acts such as hitting, slapping, or improper restraint that cause bodily harm.
- Emotional abuse: This involves verbal insults, isolation, or intimidation that lead to psychological harm.
- Sexual abuse: This includes any non-consensual sexual contact or harassment.
- Financial exploitation: This involves the misuse or theft of a resident’s funds or property.
- Neglect: This includes failing to provide basic necessities such as food, hygiene, or medical care.
Why Does Nursing Home Abuse and Neglect Happen?
While nursing home abuse is never acceptable, some of the most common reasons it occurs are:
- Understaffing
- Overworked employees
- Poor training or lack of qualifications
- Inadequate oversight and management
- Greed
- Intentional misconduct
What to Do if You Suspect Nursing Home Abuse
If you suspect nursing home abuse:
- Contact the facility: Bring your observations to the attention of the nursing home staff or management, providing specific examples and requesting immediate explanations or corrective action.
- Contact the authorities: File a report with state regulatory agencies, adult protective services, or law enforcement to initiate an independent investigation.
- Seek medical help: Get the victim assessed by a medical professional to document their injuries, determine the extent of harm, and receive appropriate treatment.
- Gather evidence: Capture evidence via photographs, written notes, or recordings.
- Contact an attorney: Contact a qualified nursing home abuse lawyer to discuss your options.
What Happens After Nursing Home Abuse Is Reported?
Once nursing home abuse is reported, a multi-step process typically follows:
- Initial investigation: The appropriate agency, such as Adult Protective Services (APS) or the state’s health department, will investigate to determine the validity of the claim.
- Protective actions: If immediate danger is identified, authorities may take protective measures, such as relocating the victim or suspending the staff involved in the alleged abuse.
- Compliance enforcement: If the facility is found to have violated regulations, it may be required to implement corrective actions, pay fines, or face temporary closure.
- Criminal investigation: In cases of severe abuse, law enforcement may open a criminal investigation, which could result in charges against the perpetrators.
- Civil proceedings: The victim or their family may choose to pursue a civil lawsuit to seek compensation for damages. (This often runs parallel to regulatory and criminal actions.)
What Are the Consequences for Perpetrators of Nursing Home Abuse?
Consequences for nursing home abuse include:
- Termination of employment
- Criminal charges and penalties
- Civil lawsuits and financial liability
What if You Report Abuse and Nothing Happens?
If your concerns are ignored, you can escalate the issue by:
- Filing a complaint with a state agency
- Contacting an advocacy group
- Pursuing legal action with the help of an attorney
Tips for Preventing Nursing Home Abuse
While it’s neither your nor your family’s responsibility to prevent nursing home abuse, the following tips can help you do so:
- Visit the facility frequently and unannounced.
- Build relationships with staff and other residents.
- Monitor your loved one’s health and well-being.
- Advocate for adequate staffing and proper training.
Speak With a Charleston Nursing Home Abuse Attorney Today
If you suspect nursing home abuse, it’s important to act quickly. A Charleston nursing home abuse lawyer from The Thumbs Up Guys can provide the guidance and representation necessary to hold the perpetrators accountable.
Schedule a free consultation today to take the first step toward justice.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
