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If you have a loved one living in a nursing home or long-term care facility, you worry about their safety. Has a loved one been injured? Are you wondering about the circumstances where a loved one passed away while in nursing care?
At David Aylor Law Offices, we are South Carolina nursing home abuse lawyers. Contact us today to investigate your claim. We invite you to have a consultation with us to explore how we can help you get answers, and justice.
Nursing Home Abuse
The purpose of nursing care is to ensure that your loved one is in a safe environment. Unfortunately, abuse and neglect occur in these facilities. You can take action to protect your loved one and bring those responsible to justice.
In the middle of the situation, it can be hard to know what to do. Our lawyers for nursing home abuse in South Carolina are trained professionals. We can help you take each step to respond in the most appropriate way including seeking financial compensation for the harm that your loved one has suffered.
Nursing Home Abuse and Neglect
Harm in a nursing home may be the result of abuse or neglect. Abuse is mistreatment. The person takes affirmative actions that cause harm to a person. Neglect is when harm results from failing to give appropriate care. Either abuse or neglect may be grounds for legal action.
It’s important not to ignore the warning signs. A victim may not be able to articulate that they are being abused – but they may seem withdrawn. We invite you to contact our South Carolina nursing home abuse lawyers to help you evaluate and investigate your concerns.
What Is Nursing Home Abuse?
Nursing home abuse occurs when a person creates harm or a risk of harm to a person in their care. There are many people within the nursing home facility that may be responsible – doctors, nurses, staff members and other service providers.
The abuse can take many forms – physical, mental, emotional or even financial. Abuse can be verbal, including insults or saying things to make a person worry. Multiple types of abuse may occur at the same time.
What Is Nursing Home Neglect?
Neglect is failing to give appropriate care and attention to a resident. Not providing food, poor hygiene care or a lack of medical attention may all be neglect. Allowing a person to be left in the company of someone who is dangerous may be neglect. Inadequate staffing and poor sanitation within the facility may also create harm.
Neglect isn’t always intentional, but it doesn’t matter. A resident has the right to live free from neglect in their care facility.
Why Does Nursing Home Abuse and Neglect Happen?
Nursing home abuse and neglect may have several underlying causes, including:
- Understaffing
- Failing to invest in the upkeep of the facility
- Inadequate training for staff members
- Failing to property screen applicants
- Allowing inappropriate people to enter the facility
- Lack of sanitation
- Failing to create a care plan for each resident
- Not taking incidents seriously
- Ignoring complaints and warning signs
- Malnutrition and dehydration
- Not keeping records of when care has been given
The seniors who live in a nursing home are vulnerable. They may have physical or mental conditions that make them a target for abuse. Too often, it’s easier to ignore complaints than take them seriously.
Our lawyers for nursing home abuse and neglect can ensure that your loved one’s voice is heard and that their situation is not lost. We are here to be their representative and guide as you fight back against what has happened to your loved one.
Is the Nursing Home Facility to Blame for Abuse?
It may be an individual that is directly responsible for the abuse or neglect of your loved one. However, if you dig deeper, it was the facility that made the choice to hire that person. It was the facility that didn’t give them the appropriate training or oversight. Our lawyers can investigate the entire situation to determine if there are underlying reasons that the nursing home facility is to blame for what happened. Our lawyers know what legal procedures to use to gather records and coax information from uncooperative witnesses.
What other forms of nursing home abuse exist?
Forms of nursing home abuse may include:
- Social isolation
- Not having access to finances
- Verbal belittling and shame
- Emotional abuse
- Preventing residents from having contact with family
- Failing to provide walkers and scooters so a person can move about
- Inappropriate medical care; medical care without consent
- Sexual abuse
- Overmedication
- Physical restraint as punishment
How big of a problem is nursing home abuse and neglect?
According to the U.S. Department of Justice, nursing homes “too often” put profits above the needs and welfare of their residents. There is a risk of abuse and neglect in any care facility. Despite regulations, inspections and legal protections, nursing home abuse and neglect continues at an alarming rate.
What rights do nursing home residents have?
A person who lives in a nursing home has the legal right to live free of physical and mental abuse. They may take legal action to claim compensation when they are hurt because of the abuse or neglect they suffer at a care facility. The compensation they receive may include financial losses like increased medical care costs as well as pain and suffering.
Warning signs of nursing home abuse
Abuse and neglect are rarely easy to detect. Some warning signs of abuse are:
- Bruising and broken bones
- Physical injuries without a clear explanation of what happened
- Not allowing family members to talk to care providers
- A resident becoming socially withdrawn
- Wanting to avoid certain caregivers or other residents
- Missing clothing or personal items
- Poor hygiene
- Sudden weight loss
- Bedsores or skin ulcers
- Visible unsanitary living conditions
- Soiled bedding
- Fearful behavior
- Depletion of personal funds
What to Do If You Suspect Nursing Home Abuse or Neglect
If you suspect abuse or neglect, do not ignore it. Call 911 if there is an emergency. Report your suspicions to the South Carolina Department of Social Services and the care facility operators. Adult Protective Services and the Long Term Care Ombudsman may review a report. In addition, contact our lawyers for nursing home abuse and neglect to explore how you may take legal action.
What about filing a civil suit?
A civil suit allows you to seek justice on behalf of your loved one. They may receive financial compensation and you may receive a finding of responsibility against the care facility. In a civil suit, you control the production and presentation of evidence. A civil suit can be the appropriate way to respond when your loved one is the victim of abuse or neglect.
What if the abuse leads to death?
If nursing home abuse leads to death, you should report the incident to the police. In addition, contact our nursing home abuse and neglect lawyers so that you may explore how to honor your loved one and receive answers by bringing a wrongful death claim.
Contact a South Carolina Nursing Home Abuse and Neglect Lawyer
The David Aylor Law Offices have a long history representing individuals and their families when they are wronged by nursing home abuse and neglect. We are compassionate representatives of your loved one, and we are aggressive litigators determined to get justice. Contact us today for a confidential consultation about your claim.