An elderly man looking stressed after suffering nursing home abuse.
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Your South Carolina Nursing Home Abuse Lawyer

Many people don’t realize how common it is for the elderly to be subjected to abuse or neglect by their caregiver in a nursing home facility. Unfortunately, understaffing, poor training and low funding lead to elder mistreatment every day. If your elderly loved one suffered abuse or neglect in their nursing home, you have rights.

Our South Carolina nursing home abuse lawyers are fierce advocates and have been protecting the rights of abused or neglected seniors throughout the state of South Carolina for years. We have the knowledge and resources to seek justice for your loved one. Don’t wait to call us today for help.

Getting Help Is
Fast & Easy

Just give us a call or fill out our online form. From there, we’ll work quickly and efficiently towards the best resolution possible for your case.

We’ll Fight for
What You Deserve

Your family deserves justice for the pain your elderly loved one endured.

We Don’t Get Paid
Unless You Do

We work on a contingency fee basis, so you won’t owe us anything unless we win your case.

We Understand Your Pain. We’re Here to Help.

When the unthinkable happens and your elderly parent, grandparent, loved one, or friend experiences mistreatment in their nursing home, you will likely experience a range of emotions.

Many of our clients find it challenging to face the reality of what has happened. To learn a loved one was forced to endure mental, physical, or any type of abuse or neglect can be hard to come to terms with, especially when it was on the watch of a facility you trusted.

We understand you may be feeling angry, hurt, and even disgusted. We want you to know we’re here to help you through this difficult time in every way we can. Our South Carolina nursing home abuse lawyers are passionate about protecting the elderly and holding negligent nursing home facilities accountable for their unacceptable actions. That’s why we give these cases everything we have. When you call us, you’ll get a partner in seeking justice for your loved one.

 

Do I Have a Case?

Nursing home abuse is a type of elder abuse. While the specific circumstances of elder abuse may vary, nursing home abuse involves an elderly person experiencing some form of abuse caused by a caregiver, such as nursing home staff.

There are several types of abuse an elderly person could suffer at the hands of a caregiver, some of which are:

  • Physical
  • Sexual
  • Emotional
  • Psychological
  • Verbal

If a caregiver in a nursing home doesn’t give an elderly person the care they need or fails to protect them from possible harm, this is neglect. Neglect may include a failure to provide:

  • Medications or medical treatment
  • Hygiene care
  • Clothing
  • Nutrition and hydration
  • Safety
  • Access to daily activities

The first thing we’ll need to determine is whether you are within the statute of limitations; this is the time frame in which you have to file your case. In South Carolina, you have three years from the date of the incident to file your claim in most cases.

However, there are a few expectations, and the deadline may vary depending on the details of your case. If you fail to meet these critical legal deadlines, you could lose your right to any compensation. That is why you should contact a South Carolina nursing home abuse lawyer as soon as possible to ensure you meet every deadline and that you have your best chance at a fair settlement.

Has Your Loved One Suffered Abuse In Their Nursing Home?

Don’t wait to get help. Contact our team at Harris and Graves to seek the justice you and your family deserve.

Has Your Loved One Shown Signs of Abuse?

Unfortunately, nursing home abuse is a largely hidden issue because those who experience it are among the most vulnerable populations, and they aren’t always able to speak up for themselves.

That’s why it’s essential to visit your loved one regularly and be aware of any signs of abuse or neglect. In addition, there are several things to look out for that may be a sign of abuse. If you notice any signs or symptoms and believe your loved one is experiencing abuse, please call us.

Depression or Changes in Behavior

If you notice a dramatic change in your loved one’s behavior, such as crying, trembling, unusual frustration, fear, or anxiety, they may have experienced psychological or emotional trauma. For example, sudden behavioral changes could signify that staff members are taking their anger out on residents verbally, screaming at them in a degrading or embarrassing manner that causes them to become depressed. Even though no physical harm occurs, these types of verbal and emotional attacks can do severe physiological damage and should be treated just like any other form of abuse.

Dehydration or Malnutrition

Abusive facilities are notorious for neglecting the basic needs of elderly residents, depriving them of necessities such as food and water. Many seniors require assistance with daily activities, like eating. When caregivers fail to provide day-to-day help, it can severely impact an elder’s physical health and cause dehydration and malnutrition.

Bruises, Welts, or Lacerations

Physical signs of harm or distress, like bruises and cuts, are more obvious indications that your elderly loved one is possibly enduring mistreatment. Always be sure to note any new or unusual injuries and ask your family member how they occurred. If you suspect their injury is the result of nursing home abuse, please give us a call or fill out our online form to get in touch with us today. No one deserves to endure any type of abuse.

Reporting Nursing Home Abuse

The Elder Justice Act of 2009 made reporting and combating elder abuse easier. As a result, the justice system takes elder abuse more seriously, and elderly individuals and their families have more resources for reporting.

  • In cases of imminent physical harm, call 911 to report the abuse. Include detailed descriptions of the senior and the caregiver.
  • You can report all types of elder abuse to Adult Protective Services (APS), which has trained professionals to investigate claims. In addition, you can call the national elder abuse hotline at 800-222-8000 to get in touch with your local office.

Generally, any person legally charged with caring for an elderly individual may be held liable for abuse or neglect. That may include the nursing home staff and caregivers, and medical professionals. Witnesses of elder abuse have a duty to report the abuse to the appropriate agency. These may include law enforcement officers, long-term care facility employees, health care professionals, and human services professionals. Failure to report elder abuse or neglect is considered a misdemeanor crime in most states.

  • Photos of the elderly individual and exposed wounds
  • Statements from the elderly individual and suspected abuser
  • Statements from witnesses, such as family members, physicians, nurses, neighbors, and social workers
  • Written documentation from a responding investigator
  • Medical records
  • Prior reports from the police or Adult Protective Services
  • Financial statements

For suspected elder mistreatment in long-term care facilities:

For suspected elder mistreatment in private or foster homes, call 803-898-7318.

Visit the following websites for more resources on elder abuse, neglect, and exploitation:

Do You Need Help Seeking Justice?

If your loved one has suffered abuse at the hands of a caretaker within their nursing home, they deserve justice. Contact us today to get started.

How Do I Prove My Loved One Was Abused?

According to the laws surrounding elder abuse, a breach of duty occurs if the elderly individual’s guardian isn’t acting in their charge’s best interest and fails to provide proper care. The evidence needed to prove abuse varies according to the type of abuse.

In an abuse claim, you need to prove that:

  • The caregiver had a duty of care to the elderly individual
  • The caregiver breached their duty of care by harming or neglecting the elderly individual
  • The elderly individual was harmed or neglected by their caregiver
  • The caretaker’s actions resulted in specific injuries

According to the Nursing Home Resident Bill of Rights, residents of a nursing home have rights that include:

  • The right to be free from abuse
  • The right to privacy
  • The right to make complaints against the home without facing retaliation
  • The right to be treated with dignity

If your loved one was abused or neglected in a nursing home, get in touch with our South Carolina nursing home abuse lawyers today, and we will do everything we can to fight for the justice you and your family deserve.

What Comes Next?

Contact us for your free consultation to discuss your case. If you have a case, we’ll get started on it as soon as possible.

Your attorney will compile evidence and documentation to build a strong case on your behalf.

Your attorney will field calls from the defense attorney and negotiate a fair settlement offer.

Most cases are settled out of court, but if we need to go to court to seek the compensation your family deserves, your lawyer will advocate for you and handle everything on your behalf.

If you receive a settlement offer, your attorney will discuss your options with you. If you accept the offer, we’ll get you a check as soon as we can.

Don’t Wait to Get the Help Your Loved One Needs

If someone you know or love has been abused in a nursing home, they need help, and we’re here to make sure they get the justice they deserve.

FAQs

Elderly individuals who experience nursing home abuse are entitled to compensation. This compensation may cover medical bills, non-economic losses like “enjoyment of life,” and punitive damages.

Nursing home abuse can take several different forms. Any time an employee of a nursing home or assisted living facility inflicts physical, emotional, sexual, or financial harm upon a resident, it may be considered nursing home abuse.

If you believe your loved one has suffered any form of abuse, it’s important to know that you have options. The law protects residents of nursing home facilities; they have a right to be free from verbal, sexual, physical, and mental abuse.

Usually, when there is a report of abuse, authorities will begin an investigation that includes interviewing residents, family members, and staff. If the evidence proves the accusation is true, Adult Protective Services will work with the resident to try and fix the problem and prevent further harm.

If you are not satisfied with the actions of Adult Protective Services, call our office. Our South Carolina nursing home abuse lawyers will be able to help you understand your rights and figure out the next steps.

At Harris and Graves, we work on a contingency-fee-basis. That means we don’t get paid unless we win your case. This way, you never have to worry about upfront costs or expensive hourly legal fees. Instead, we want you to focus on the health and safety of your loved one while we take care of your case!

A nursing home abuse attorney comes with years of expertise to help you navigate your case. Feel free to ask your attorney:

  • Do I have a strong case?
  • How long will the legal process for my case take?
  • What will the legal process look like?

Your appointed expert can answer all of these questions and more.

Because of all the intricacies involved, reaching a verdict can often take over a year. While this may not be the swift justice you’re looking for, it ensures that the ruling will be able to hold up should it be challenged. Your best bet is to get a strong attorney on your side right away so that all the filing processes can begin.