North Charleston Nursing Home Abuse Lawyer

Nursing home abuse is a deeply troubling issue that affects some of the most vulnerable members of our society. Victims and their families need to seek immediate legal assistance to stop the abuse, hold the responsible parties accountable, and pursue financial compensation for the harm caused. 

An experienced North Charleston nursing home abuse lawyer can guide families through the legal process, ensuring residents’ rights are protected.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to securing fair compensation for those affected by nursing home abuse. Our nursing home abuse attorney team has a strong track record of handling nursing home abuse cases with care, consistently securing significant settlements and favorable verdicts for our clients.

We carry out comprehensive investigations to address every aspect of the abuse, ensuring that all damages, including medical expenses, emotional trauma, and other losses, are fully covered. With our extensive knowledge of nursing home abuse claims, we handle the legal complexities efficiently, working relentlessly to safeguard your rights.

Types of Cases Handled by Our North Charleston Nursing Home Abuse Lawyers

Elder abuse occurs when a resident in a nursing home facility is subjected to harm or neglect by staff members, caregivers, or others responsible for their care. Abuse can take many forms, all of which can cause severe physical and emotional harm to residents. 

Our experienced North Charleston nursing home abuse lawyers handle a wide range of elder abuse cases to ensure victims receive the compensation they deserve.

Physical Abuse

Physical abuse involves the intentional use of force that results in physical harm to a resident. This includes hitting, hair pulling, kicking, and improper use of restraints to control or punish residents.

Mental and Emotional Abuse

Mental and emotional abuse includes verbal insults, threats, humiliation, or intentionally isolating a resident from others.

Sexual Abuse

Sexual abuse is a particularly egregious form of abuse that involves any unwanted sexual contact or behavior with a nursing home resident. Victims of sexual abuse may be physically unable to defend themselves or may fear retaliation if they report the abuse.

Medical Malpractice

Medical malpractice in nursing homes occurs when residents do not receive the necessary medical care. This can include errors with prescription medications, failure to prevent or treat bedsores (pressure ulcers), or ignoring conditions that require medical treatment.

Negligence

Nursing home neglect happens when a facility fails to provide primary care, such as maintaining proper hygiene, providing adequate nutrition and hydration, or supervising residents to prevent elopement (wandering away).

Financial Abuse

Financial exploitation occurs when caregivers or other individuals misuse a resident’s assets or funds. This can involve stealing from bank accounts, forging signatures, or manipulating residents into changing wills or financial documents.

Wrongful Death

In the most tragic cases, nursing home abuse or neglect can lead to a resident’s death. Wrongful death claims are filed to hold the responsible parties accountable for the loss of life and to seek compensation for the family’s loss and suffering.

Understanding Your Legal Rights

Nursing home residents in North Charleston and throughout South Carolina are protected by federal and state laws designed to ensure their safety, dignity, and well-being. These laws prevent abuse, neglect, and exploitation and hold nursing homes accountable for the care they provide.

One of the most critical federal laws protecting residents is the Nursing Home Reform Act of 1987. This act sets standards of care for any nursing home facility receiving Medicare or Medicaid funding. The law mandates that residents have the right to:

• Be free from physical abuse, emotional abuse, sexual abuse, and financial exploitation
• Receive appropriate medical care, including protection from medical malpractice such as medication errors and the prevention of pressure sores
• Have their dignity and privacy respected at all times
• Be fully informed about their medical condition and participate in decisions regarding their care
• Live in a safe and clean environment free from neglect in the nursing home

If a nursing home fails to meet these standards, it can be sued for failing to protect the rights of its residents.

In addition to federal laws, South Carolina has state-specific regulations that safeguard residents in nursing home facilities. The South Carolina Department of Health and Environmental Control (DHEC) is responsible for licensing and regulating nursing homes and assisted living facilities throughout the state. South Carolina law ensures:

• Proper staffing levels to provide adequate care
• Mandatory reporting of suspected nursing home abuse or neglect
• Regular inspections to ensure compliance with safety and health standards

When a facility fails to adhere to these state requirements, families can take legal action to protect their loved ones and seek compensation for the harm caused

Eligibility to File a Nursing Home Abuse Claim 

When nursing home abuse or neglect occurs, several parties may have the legal right to file a claim:

• If the resident is capable, they can file a claim for the abuse or neglect they have suffered.
• If the resident is incapacitated or unable to act on their behalf, a family member or legal guardian can file a claim.
• If the resident dies as a result of the abuse or nursing home neglect, their family can file a wrongful death claim to seek justice and compensation for their loss.

Liability in Nursing Home Neglect and Abuse Cases 

Various parties may share responsibility for the abuse or neglect that occurs in a nursing home facility. Holding all accountable parties liable is crucial to ensure that victims receive proper compensation and those responsible are prevented from causing further harm.

• Nursing home staff members
• Nursing home facility or management.
• Medical providers
• Owners or operators of the facility

How Our Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our South Carolina nursing home abuse attorneys are dedicated to providing comprehensive legal support for nursing home injury victims. 

With extensive experience in handling a wide range of nursing home abuse cases, our legal team has successfully secured significant settlements and verdicts for victims and their families. We understand the emotional and physical toll nursing home abuse can have on residents and their loved ones, and we are committed to fighting for you.

Free Case Evaluation

We offer a free case evaluation to families who suspect their loved one has been a victim of nursing home abuse. During this initial consultation, our legal team will review the details of your case, assess the situation, and provide guidance on your next steps. This no-obligation evaluation ensures you understand your legal options without any financial burden.

Case Investigation

Our team conducts a thorough investigation into the suspected abuse or nursing home neglect. We gather crucial evidence, such as medical records, witness statements, facility reports, and documentation of any emotional abuse, physical injuries, or financial exploitation. 

Our attorneys also collaborate with medical experts to assess the impact of the abuse on your loved one’s health and well-being.

Filing the Claim

Once the investigation is complete, a nursing home abuse lawyer from our team will file a formal nursing home abuse claim on your behalf. We handle all legal paperwork and ensure your case is filed within the appropriate time limits under South Carolina law. 

Filing the claim is a critical step in holding the nursing home facility and responsible parties accountable for the harm caused to your loved one.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlements, allowing families to avoid the lengthy trial process. A skilled nursing home abuse attorney will negotiate aggressively with the insurance company or responsible parties to reach a fair settlement that covers medical expenses, emotional distress, and other damages. 

We work tirelessly to ensure your family receives the compensation you deserve without going to court.

Trial Representation 

If a fair settlement cannot be reached, a trial lawyer from our team will be ready to take your case to court. With years of experience in handling complex nursing home abuse cases, we will present a strong case to the judge and jury, advocating for your loved one’s rights. 

Our commitment to achieving the best possible outcome for our clients drives us to fight for fair compensation, even if it means going to trial.

Common Signs of Elder Abuse Among Nursing Home Residents 

Out of the 18 Medicare-certified nursing homes in North Charleston, 44.4% of facilities have an overall rating below or much below average. Specifically, 44.4% of nursing homes fall short in health inspections, and 50% have inadequate staffing. Lastly, 27.8% of facilities were rated poorly regarding quality measures. [1]

Elder abuse can take many forms, and often, victims are unable to speak up due to fear, mental incapacity, or physical limitations. Family members must remain vigilant and be aware of potential warning signs of abuse over nursing home residents.

• Unexplained injuries
• Marks from restraints
• Bedsores (pressure ulcers)
• Frequent falls or accidents
• Sudden mood swings
• Fear of certain staff members
• Withdrawal or isolation
• Unexplained infections
• Sudden withdrawal or fearfulness
• Malnutrition or dehydration
• Poor hygiene
• Untreated medical conditions
• Unexplained changes in financial accounts
• Changes to wills or financial documents

The worst-rated North Charleston nursing homes include:

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse or neglect, it’s important to take immediate action to protect their safety and well-being. Here are the key steps you should follow:

• Call 911 if immediate danger is present
• Report to the nursing home administrator or management
• File a complaint with your local Ombudsman’s office
• Contact a nursing home abuse lawyer

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse and neglect are entitled to pursue compensation for the harm they have suffered.

Economic damages compensate for the measurable financial losses resulting from the abuse or neglect. Examples include:

• Medical expenses
• Relocation costs
• Funeral and burial costs

Noneconomic damages address the emotional and psychological impact of the abuse. Although these damages are harder to quantify, they are just as significant. Examples include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Punitive damages are designed to punish the nursing home or individuals responsible for particularly egregious behavior. These damages are awarded in cases where the abuse or neglect was intentional, reckless, or involved gross misconduct.

The Cost of Hiring a North Charleston Nursing Home Abuse Lawyer

At Nursing Home Law Center, we operate on a contingency fee basis. This means you don’t pay any legal fees upfront. We only get paid if we successfully recover your compensation through a settlement or verdict.

You Have Limited Time to Take Legal Action in North Charleston

If you suspect that your loved one has been a victim of nursing home abuse or neglect in North Charleston, it is vital to act quickly due to the statute of limitations. In South Carolina, you typically have three years from the date of the abuse or when it was discovered for filing a nursing home abuse claim.

Contact a North Charleston Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced team of North Charleston nursing home abuse attorneys is committed to fighting for the rights of nursing home abuse victims and their families. We have a proven track record of successfully handling nursing home abuse cases, securing significant settlements, and ensuring justice for those who have suffered abuse, neglect, and exploitation.

Call us at (800) 926-7565 or fill out our contact form to discuss your case. 

References: [1] Medicare