North Charleston Nursing Home Abuse Lawyer

Fighting for the Compensation Your Loved One Deserves 

Many families entrust Charleston nursing homes and elder care homes with their elderly loved one’s health. When these facilities fail to provide proper care, the consequences can be devastating. If your loved one is facing mistreatment, it is essential to consult a qualified nursing home abuse lawyer to explore your legal options.

At the Nursing Home Law Center, our law firm is dedicated to holding negligent nursing home facilities accountable and securing justice for those harmed. With years of experience handling nursing home abuse cases in South Carolina, our team offers compassionate representation paired with relentless legal advocacy.

Our Law Firm’s Successful Nursing Home Settlements

Financial recoveries in nursing home abuse and neglect cases depend on the circumstances, severity of harm, and liability of the residential home. Here are successful nursing home abuse cases our law firm has won for clients: 

• $1,500,000 settlement – Obtained for a group home resident who endured abuse from fellow residents, resulting in serious injuries.
  
• $1,250,000 settlement – Achieved in a wrongful death case involving a woman who choked; the claim was resolved prior to formal litigation.
  
• $1,200,000 settlement – Secured for a disabled resident hurt in a transport van crash operated by nursing home staff.

These outcomes reflect the serious nature of nursing home abuse and the need for strong legal representation when residential homes fail in their duty. If you believe a loved one has been harmed, don’t wait; speak with an experienced lawyer today.

Why Choose Our Charleston-Based Nursing Home Abuse Attorneys

Our Charleston nursing home abuse attorneys understand the emotional and financial toll abuse takes on families. We’ve built a reputation for achieving substantial settlements and verdicts for victims and their families. 

Our nursing home abuse and neglect attorneys approach every case with personalized care, investigating each instance of elder abuse thoroughly and pushing back against negligent care homes and their insurers.

From reviewing medical records to gathering witness statements, our team leaves no detail unchecked. Whether your nursing home negligence case involves financial misconduct, medical malpractice, nursing home neglect, or wrongful death, our attorneys provide strategic and aggressive legal representation.

We offer a free consultation to help you understand your rights and next steps. You pay nothing unless we win your case.

Types of Abuse Affecting Nursing Home Residents By People Entrusted With Their Care

Nursing home abuse can take many forms, each with serious consequences for vulnerable nursing home residents. Recognizing these forms of abuse or neglect is the first step in protecting your loved one.

Physical Abuse

Physical abuse includes hitting, slapping, pushing, improper use of restraints, and other actions that result in bodily harm, such as broken bones or unexplained bruises.

Sexual Abuse

Sexual abuse involves non-consensual sexual contact with an elderly person, especially those who are unable to give informed consent. This is a severe violation of personal dignity and trust.

Emotional Abuse

Emotional abuse refers to verbal threats, humiliation, intimidation, or social isolation that severely impact an elderly person’s mental stability and emotional balance.

Neglect

Nursing home negligence includes failing to provide food, hydration, hygiene, proper medication, or supervision—leading to malnutrition, pressure ulcers, and preventable medical complications.

Medical Malpractice & Erroneous Medical Records

Medical malpractice includes errors in diagnosis, failure to administer medication properly, poor recordkeeping, ignoring symptoms, or not treating infections or bedsores. These mistakes can cause irreversible physical harm or even death.

Financial Abuse 

Financial abuse occurs when caregivers or administrative staff exploit elderly residents for monetary gain. This may involve forging checks, stealing personal property, or manipulating financial accounts.

Our nursing home abuse lawyers are skilled in identifying nursing home negligence and building a strong case for each type of mistreatment.

Understanding Laws Protecting Nursing Home Patients

Ensuring the safety and well-being of nursing home residents in South Carolina involves adherence to both federal and state laws designed to protect vulnerable individuals. Below is an overview of key legislation, each presented under its respective heading for clarity.​

Federal Nursing Home Reform Act of 1987

The Nursing Home Reform Act (NHRA), enacted as part of the Omnibus Budget Reconciliation Act of 1987, sets forth federal standards against nursing home abuse and for establishments participating in Medicare and Medicaid to adhere to. 

Key provisions include ensuring proper medical treatment, safeguarding an elderly individual from abuse and neglect, and upholding their dignity and privacy. The NHRA also established a Residents’ Bill of Rights, encompassing the right to be fully informed, participate in one’s own care, and voice grievances without fear of reprisal.​

South Carolina Regulation 61-17: Standards for Licensing Nursing Homes

Regulation 61-17 outlines the standards for licensing nursing homes. This regulation, enforced by the Department of Health and Environmental Control (DHEC), stipulates requirements for the establishment, operation, and maintenance of residential homes within the state. Compliance with these standards is essential for obtaining and retaining a state license.

South Carolina Bill of Rights for Residents of Long-Term Care Facilities

The Bill of Rights for Residents of Long-Term Care Facilities in South Carolina codifies the rights of individuals residing in nursing homes and similar establishments. 

This state law ensures that patients are treated with respect and dignity, receive adequate and appropriate care, and have the right to be fully informed about their medical condition and treatment options. It also grants elderly individuals the right to participate in planning their care, manage their personal finances, and voice grievances without fear of retaliation.​

Omnibus Adult Protection Act

The Omnibus Adult Protection Act is aimed at protecting vulnerable adults from abuse, neglect, and exploitation. It establishes procedures for reporting and investigating allegations of mistreatment in facilities such as nursing homes. 

The act also outlines the responsibilities of various agencies in preventing and addressing adult maltreatment, providing a framework for coordination among state entities to safeguard the well-being of vulnerable adults.​

Criminal Record Checks for Nursing Home Licensure

This measure aims to prevent individuals with certain criminal backgrounds from holding positions that could compromise the well-being of nursing home residents. The law specifies that a license will not be issued, or may be revoked if the applicant has convictions related to abuse, neglect, or exploitation of vulnerable individuals.​

Federal Minimum Staffing Standards for Long-Term Care Facilities

In May 2024, the Centers for Medicare & Medicaid Services (CMS) established minimum staffing standards for long-term care facilities to enhance the quality and safety of resident care. 

These regulations mandate staffing levels to ensure that care homes have sufficient personnel to meet the needs of residents. Implementation timelines vary, with full compliance required by May 2029 for certain provisions.​

How to Prove Nursing Home Neglect and Abuse in Charleston

Proving nursing home abuse requires a combination of evidence and legal strategy. Our nursing home abuse team within our law firm focuses on gathering:

• Records indicating injuries inconsistent with explanations given
• Witness statements from staff, visitors, or other residents
• Photographs of injuries, improper use of equipment, or unsafe conditions
• Documentation of complaints made to the residential home or state authorities
• Expert testimony from medical professionals or elder care specialists

This comprehensive approach ensures we can present a compelling case showing how the home or its employees caused harm to your loved one’s health.

Who Can File a Nursing Home Abuse Claim?

In Charleston, nursing home residents who have suffered harm due to neglect or abuse can file a lawsuit with an experienced law firm. If the resident is incapacitated, a family member with legal authority (e.g., power of attorney or guardianship) may file on their behalf. In cases where abuse leads to death, relatives may pursue a wrongful death claim.

Parties That May Be Held Liable for Elder Abuse Cases

Multiple parties may share liability in a nursing home negligence case:

• Nursing Home Staff: Caregivers or nurses who engage in or ignore abuse against patients.
• Administration: Management that fails to enforce proper care standards or conduct background checks.
• Medical Providers: Physicians or pharmacists responsible for medication errors or poor treatment.
• Parent Companies: Many homes are owned by large corporations. These parent companies can be held accountable for policies or budget decisions that result in understaffing or improper training.

Our nursing home negligence attorneys work to uncover every liable party, maximizing your potential compensation and pursuing justice.

Common Signs of Abuse or Neglect in Elder Care Facilities

Charleston family members should stay alert for the following signs of the many forms nursing home negligence can present itself:

• Unexplained bruises, cuts, or broken bones
• Signs of restraint misuse, such as marks on wrists or ankles
• Rapid weight loss or signs of malnutrition and dehydration
• Poor personal hygiene and unsanitary conditions
• Untreated pressure ulcers or infections
• Mood swings, withdrawal, or fear of certain staff members
• Sudden financial transactions or missing personal property
• Worsening of chronic medical conditions

If you observe any of these common signs, contact a nursing home lawyer immediately.

What to Do If Your Loved One is Facing Nursing Home Abuse

When you suspect neglect or abuse by caregivers, taking prompt action is critical to protect your loved one and hold the establishment accountable.

Call 911 if There’s Immediate Danger

If your loved one is at risk of serious harm, contact emergency services right away.

Notify the Administrators of the Home

If you suspect nursing home negligence, report your concerns to the home’s leadership and keep a written record of the conversation.

File a Complaint with the SC Ombudsman

Reach out to the SC Long-Term Care Ombudsman at (800) 868-9095  to request an official investigation.

Contact a Nursing Home Abuse Attorney

In cases of nursing home abuse, a qualified attorney can assess your case, help gather evidence, and guide you through the legal process. Contact a law firm right away.

Damages Available in Nursing Home Abuse Cases

Victims of nursing home negligence and tier families are entitled to take legal action, seek justice, and may be entitled to significant compensation, including:

Economic Damages

Medical bills, relocation costs, and lost income for care providers.

Non-Economic Damages

Pain and suffering, emotional distress, and loss of companionship.

Punitive Damages

Awarded when the abuse was especially malicious or reckless to punish and deter wrongdoing.

Statute of Limitations for Elder Abuse Claims in South Carolina

South Carolina Code § 15-3-545 allows three years from the date the act of nursing home negligence occurred (or was discovered) to file a lawsuit with a qualified law firm. Failing to meet this deadline may bar your right to recover compensation.

Worst-Rated Residential Homes in Charleston

Based on Medicare and state inspection data, several Charleston-area nursing homes have received poor ratings:

• Ashley River Healthcare
• Johns Island Post Acute
• Riverside Health and Rehab
• Sandpiper Post Acute
• The Reserve Healthcare and Rehabilitation

If your loved one resides in one of these residential homes and a caregiver has caused harm to them, you may have grounds for a legal claim. Contact a law firm for assistance.

Book a Free Consultation! 

If your loved one has suffered abuse in a nursing home in Charleston, the Nursing Home Law Center is here to help. 

Our South Carolina nursing home abuse attorneys offer free, confidential consultations and work on a contingency fee basis—you pay nothing unless we win. Call (800) 926-7565 or fill out our online form to get started. We represent families across South Carolina, including Columbia, North Charleston, Rock Hill, and Mount Pleasant.