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Columbia Personal Injury Attorney > Blog > Personal Injury > Breaking Down A Nursing Home Negligence Claim

Breaking Down A Nursing Home Negligence Claim


Nursing home understaffing is usually the root cause of nursing home negligence. Overworked employees are stressed-out employees who often act out in ways that harm nursing home residents. Furthermore, employees at understaffed nursing homes frequently take shortcuts or try to perform jobs they aren’t qualified to perform. These problems are widespread. Over 90 percent of the long-term care facilities in South Carolina are dangerously understaffed.

Nursing home owners do not care much about resident safety issues. They only care about their own profits. In contrast, a Columbia personal injury attorney only cares about victims. Attorneys hold greedy companies responsible when they put profits before people. This responsibility includes paying families the compensation they need and deserve. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Kinds of Nursing Home Negligence

Falls, bedsores, and malnutrition are three of the most common kinds of nursing home negligence in South Carolina. All three kinds of negligence are directly related to understaffing.

Construction zones may be the worst fall injury hazards in the Palmetto State. As the elderly population grows, many nursing homes are almost constantly under construction. Many older people have vision issues that make it harder to see such hazards. Additionally, many older people have gait disorders, so when they stumble, they fall.

Well-staffed facilities have employees stationed near construction zones to gently redirect residents elsewhere. Residents at understaffed facilities are on their own.

Bedsores are pressure ulcers that often develop on knees, ankles, and other bony body parts. People never get bed sores as long as they turn over in bed about once every two hours. However, many residents are too ill or overmedicated to turn themselves over. So, they depend entirely on the nursing home staff for assistance. Such help often isn’t available at understaffed nursing homes, especially during holidays, weekends, and other low-census periods.

Additionally, many patient care technicians cannot tell the difference between a Stage I bedsore and a Stage III bedsore. Therefore, these less-qualified professionals may not take the proper measures.

It’s hard to believe that malnutrition is a problem at nursing homes, but it is. Our senses degrade as we age. Since older people don’t feel hungry, they often don’t eat. At understaffed facilities, there is no one to ensure that residents eat the food on their plates. Malnutrition could be a standalone injury. More frequently, malnutrition weakens bodies and contributes to bedsores or other injuries.

Liability Issues

As mentioned, nursing home residents entirely depend on nursing home staff. So, the duty of care is very high in these situations. If a breach of the duty of care causes injury, a Columbia personal injury attorney can obtain compensation for those injuries.

Usually, the nursing home is financially responsible for damages, under the respondeat superior rule. That’s good news and bad news for victims and survivors. Respondeat superior gives victims an additional source of recovery. This doctrine also makes these claims much more complex. Generally, an out-of-state holding company owns the nursing home where the neglect occurred.

Call a Hard-Working Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. We have several office locations in South Carolina and Georgia.


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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award