Nursing homes are supposed to offer safe, clean, and well-staffed living environments where seniors, who are no longer fully independent, can receive the care and assistance they need to live comfortably. Sadly, reports of nursing home abuse and neglect are common. And studies have found that the vast majority of cases of nursing home abuse likely go unreported.
For nursing home residents in Columbia, South Carolina and for family members who have loved ones living in Columbia nursing homes, it is important to understand what constitutes abuse or negligence. It is also important to be aware of the warning signs and symptoms of abusive and negligent nursing home care. Waiting too long to seek help can have severe consequences. Regardless of whether you have been abused or you are concerned about the quality of your loved one’s care, you have every reason to seek help as soon as possible. Contact Marc Brown today.
A Passionate Advocate for Nursing Home Residents in Columbia
Attorney Marc Brown is passionate about protecting the rights of nursing home residents in Columbia, South Carolina. He is a compassionate advisor and a dedicated advocate who believes in using the law to protect his clients. When you choose the Marc Brown Law Firm, Mr. Brown will work closely with you every step of the way. He will fight tirelessly to make sure you and your family receive the care, treatment, and financial compensation you deserve.
Nursing Home Abuse Statistics
The National Center on Elder Abuse (NCEA) estimates that about one in ten Americans aged 60+ have experienced some form of elder abuse. However, this number is likely higher due to underreporting. A study by the World Health Organization (WHO) in 2020 found that two in three staff members in nursing homes and long-term care facilities admitted to committing abuse in the past year.
In South Carolina, the statistics are equally alarming. According to the South Carolina Department of Health and Environmental Control (DHEC), there were over 1,000 reported cases of nursing home abuse and neglect in 2023. These incidents range from physical abuse and neglect to emotional and financial exploitation.
For individuals and families seeking justice and protection for their loved ones, understanding the prevalence and nature of nursing home abuse is the first step. Marc Brown Law Firm is committed to advocating for the rights of nursing home residents in South Carolina and ensuring they receive the care and respect they deserve.
Common Questions Regarding Nursing Home Abuse and Neglect
What Constitutes Abuse Or Negligence In The Nursing Home Setting?
Nursing home abuse can take many different forms. Broadly defined, “abuse” is any form of intentional mistreatment that results in physical, psychological, or financial harm. While “negligence” involves unintentional errors and oversights, these mistakes are often no less harmful to the residents who suffer unjustly while under nursing home care. Some of the most common forms of nursing home abuse include:
- Physical assault of nursing home residents
- Sexual assault of nursing home residents
- Failure to properly tend to and care for residents
- Wrongful use of physical restraints (e.g., bed rails) or chemical restraints (e.g., sedating drugs)
- Financial exploitation (e.g., exercising undue influence over a resident or charging excessive fees)
- Deprivation of access to family members or outside care providers
- Deprivation of access to food, liquids, medications, or restrooms
- Berating, yelling, accusing, and other forms of verbal belittlement
Common examples of administrative and care-related mistakes that constitute nursing home negligence include:
- Medication errors (e.g., overdose, underdose, providing the wrong medication, or failing to provide the medication with required food)
- Failure to adequately monitor at-risk residents
- Failure to adequately staff the nursing home to ensure adequate care
- Failure to install, provide, or maintain necessary safety equipment (e.g., handrails) or medical equipment (e.g., wheelchairs or walkers)
- Failure to identify and provide treatment for injuries, illnesses, infections, and other medical conditions
What Are The Warning Signs And Symptoms Of Abuse And Neglect?
With nursing home abuse and negligence taking so many different forms, the warning signs and symptoms can vary broadly. Additionally, in some cases, symptoms that are consistent with abuse or negligence can also be consistent with conditions occurring naturally as a result of illness or old age. That said, residents and their loved ones must familiarize themselves with the signs and symptoms of abuse and neglect, and they must take action promptly with a Columbia Nursing Home Abuse & Negligence Attorney if they have any concerns regarding improper care.
The following are all potential signs and symptoms of nursing home abuse and negligence:
- Malnutrition or dehydration
- Lack of proper hygiene
- Sudden mood swings or unexplained changes in a resident’s mental state
- Emotional withdrawal, fatigue, and other symptoms of anxiety and depression
- Bedsores (also known as pressure ulcers)
- Physical injuries consistent with a fall or other trauma
- Physical injuries consistent with sexual assault
- Sepsis and other healthcare-acquired infections (HAIs)
- Refusal to speak with family members by nursing home administrators
- Attempts to conceal or misconstrue information about a resident’s condition or care
Who Can Be Held Legally Liable for Nursing Home Abuse?
Nursing home abuse can occur due to the actions or negligence of various parties involved in the care and management of the facility:
- Nursing Home Staff: The individuals directly responsible for the day-to-day care of residents, such as nurses, aides, and other caregivers, can be held liable if they commit acts of abuse or neglect.
- Nursing Home Administration: The management and administration of a nursing home can be held accountable for failing to ensure a safe environment.
- Third-Party Contractors: Third-party contractors for services such as cleaning, maintenance, and medical care can also be held liable if their actions or negligence contribute to the abuse or neglect of a resident.
- Owners and Operators: The owners and operators of the nursing home can be held liable for systemic issues such as underfunding, poor maintenance, and inadequate staffing levels.
- Healthcare Providers: Doctors, nurses, and other healthcare providers who work with nursing home residents can be held liable for medical malpractice if their negligence leads to harm.
Determining liability is a crucial step in seeking justice and compensation for victims of nursing home abuse.
What Are Nursing Home Residents’ Rights Columbia?
As you may have heard, Columbia, South Carolina consistently ranks among the worst states in the country when it comes to legal protections for nursing home residents. However, while this may be true, nursing home residents in the Palmetto State still have clear and undeniable rights under South Carolina and federal law. These rights include (but are not limited to):
1. The Right to Be Free from Abuse
There is no justification for the abuse of nursing home residents. Physical, sexual, verbal, and financial abuse are all clearly prohibited, and nursing homes are legally responsible for all forms of abuse perpetrated by residents’ caregivers and other employees.
2. The Right to Quality Nursing Home Care
All nursing home residents have the right to quality care consistent with professional standards. Nursing homes must hire caregivers with adequate training and experience, and these caregivers must ensure that they are always upholding their professional (and legal) duties.
3. The Right to Speak with Family Members and Doctors in Private
Nursing homes cannot prevent residents from speaking with their family members or their healthcare providers. They also cannot monitor residents’ communications. If nursing home administrators or caregivers are trying to prevent you from speaking with your loved one, this may be because they are aware that abuse or negligence has occurred.
4. The Right to Just Compensation for the Effects of Abuse and Negligence
Under South Carolina law, nursing home residents are entitled to just compensation for the effects of abuse and negligence, and families are entitled to just compensation in cases of wrongful death in Columbia. This includes compensation for current and future medical expenses, pain and suffering, and other losses.
5. The Right to Professional Assistance (Including Legal Representation)
Nursing home residents are entitled to participate in their medical care, including their choice of the doctors who treat them. They are also entitled to legal representation, and under no circumstances can a nursing home stand in the way of a resident obtaining legal advice in confidence.
Legal Remedies Available to Victims of Nursing Home Abuse
Victims of nursing home abuse and their families have several legal remedies available to seek justice and compensation. Understanding these options can help you make informed decisions about how to proceed.
- Civil Lawsuits Victims can file civil lawsuits against the nursing home and other responsible parties. These lawsuits can seek compensation for:
- Medical Expenses: Costs for treating injuries or health conditions resulting from abuse or neglect.
- Pain and Suffering: Compensation for the physical and emotional distress caused by the abuse.
- Punitive Damages: In cases of egregious misconduct, courts may award punitive damages to punish the wrongdoers and deter future abuse.
In addition, the perpetrators of nursing home abuse may face criminal charges, administrative fines, protective orders, and suspension or revocation of their operating license.
What to Do If You Suspect Nursing Home Abuse
If you suspect that a loved one is experiencing nursing home abuse, it is crucial to take immediate action to ensure their safety and well-being. Here are the steps you should follow:
- Document Everything: Keep detailed records of any signs of abuse or neglect. Take photographs of the individual’s injuries or poor living conditions, and write down dates, times, and descriptions of any incidents or conversations had with nursing home staff.
- Report the Abuse: Report your concerns to the nursing home administration immediately. They are required to investigate and address any allegations of abuse. If their response is inadequate, escalate your concerns to the appropriate state or federal authorities.
- South Carolina Department of Health and Environmental Control (DHEC): You can file a complaint online or by calling their toll-free hotline.
- Adult Protective Services (APS): Contact APS if you believe your loved one is in immediate danger.
- Contact Law Enforcement: If you believe a crime has been committed, contact your local law enforcement agency. They can investigate the situation and take appropriate action.
- Seek Medical Attention: Ensure that your loved one receives any necessary medical treatment. Document all medical visits and treatments, as these records can be important in legal proceedings.
- Consult with a Columbia Nursing Home Abuse Lawyer: Speak with an experienced nursing home abuse lawyer to understand your legal options.
How a Columbia Nursing Home Abuse Lawyer Can Help
Engaging a skilled nursing home abuse lawyer is crucial for securing justice and fair compensation for victims of nursing home abuse. Here are several ways a Columbia nursing home abuse lawyer can assist you:
- Case Evaluation and Legal Advice: A nursing home abuse lawyer will review the details of your case, including medical records, witness statements, and any documentation of abuse. They will provide you with a clear understanding of your legal rights and the potential outcomes of your case.
- Investigation: The lawyer will conduct a thorough investigation into the allegations of abuse. This includes gathering evidence, interviewing witnesses, and consulting with medical and forensic experts to build a strong case.
- Filing Legal Claims: Your attorney will help you file the necessary legal claims against the responsible parties. This may include personal injury lawsuits, wrongful death claims, or complaints with regulatory agencies.
- Negotiating a Settlement: Many nursing home abuse cases are resolved through settlements. Seasoned injury lawyers in Columbia will negotiate with the insurance companies and the nursing home’s legal team to secure the maximum possible compensation for your loved one.
- Litigation: If a fair settlement cannot be reached, your lawyer will represent you in court, presenting evidence, questioning witnesses, and making compelling arguments to advocate for your loved one’s rights.
- Guidance and Support: Throughout the legal process, your lawyer will provide continuous support and guidance. They will keep you informed of the progress of your case and advise you on the best course of action at each stage.
By choosing a Columbia nursing home abuse lawyer from Marc Brown Law Firm, you ensure that your loved one receives the dedicated and compassionate representation they deserve.
Contact Us Now for a Free, Confidential Consultation
Do you need to speak with a Columbia nursing home abuse & negligence attorney? If so, we encourage you to contact us promptly for a free consultation. To speak with attorney Marc Brown, in confidence, call or inquire online today.