Available 24/7The nursing home that you have entrusted with your loved one has a moral and legal obligation to provide the best possible treatment and care.
Some nursing homes cut corners and do not care for the well-being of the people in their buildings. They would rather make money than do what is right.
Nursing Home Abuse Attorney in Aiken, SC
When your loved one has been injured at a nursing home, the facility can be made to pay when you can prove that they violated the duty of care that they owed to your loved one. The Law Office of Taylor S. Braithwaite will provide your family with quality legal representation while we work to get justice on behalf of your loved one for what happened.
The Five Types of Nursing Home Abuse
Federal nursing home regulations state that a resident has the right to be free from abuse. Nursing home abuse encompasses far more situations and types of behavior than you think. Abuse can be some type of particular harm that is done to your loved one, or it can involve extremely poor care.
Here are the main types of nursing home abuse that can injure your family member:
- Physical abuse
- Financial abuse
- Sexual abuse
- Emotional abuse
- Neglect
Nursing home neglect is every bit as serious as the intentional types of abuse listed. Nursing home neglect can cause serious injuries and even death.
Injuries that result from nursing home neglect include:
- Pressure ulcers (bed sores)
- Broken bones or head trauma from falls
- Urinary tract infections
- Dehydration
- Severe weight loss
Even if they survive their injuries from nursing home neglect, many residents will never be the same again afterward.
How to Spot Signs of Nursing Home Abuse and Neglect
It is not always easy to spot the signs of nursing home abuse. Families must be vigilant and pay extra attention every time they see their loved one.
Telltale signs of nursing home abuse and neglect include:
- Your loved one appears disheveled and dirty when you see them.
- There are unexplained bruises on your family member’s body.
- Your loved one is particularly terrified of a specific staff member.
- There are sudden changes in your senior’s appetite or mood.
- The nursing home cannot or will not explain what is happening or answer your questions in detail.
It is often up to the family to spot the signs of nursing home abuse and take action. The nursing home often will not do anything that could expose them to legal liability.
Nursing Home Resident Rights in South Carolina
Both under South Carolina and federal law, nursing home residents have rights. In summary, they should:
- Be treated with respect and dignity.
- Be free from mental or physical abuse.
- Be free from being restrained either physically or with drugs unless a doctor has ordered them.
- Participate in planning the care and treatment they receive.
- Possess the right to make a complaint to the staff of the nursing home or any other person without fear of punishment.
Reporting Nursing Home Abuse and Neglect
When you report nursing home abuse, the nursing home has a legal obligation to refer the complaint to state authorities within 24 hours. It does not matter whether they think that the complaint is serious or has merit. If they do not report the abuse allegation, they will be in additional trouble and could face a fine or other sanctions.
Your family could also report nursing home abuse to an ombudsman, who will then speak on your behalf and ask for an investigation.
The state will likely investigate the complaint relatively promptly. They know that your loved one’s health and well-being depend on it. The state may show up to the nursing home in person with little or no notice.
Officials may observe conditions at the facility or seek specific records or answers about your loved one. They would report their findings to the federal government. If the nursing home is found to have violated a rule, they could be fined or face other penalties.
You could also voice your concerns to a nursing home abuse lawyer in Aiken, who could report the allegations. TSB Injury Law can help your family determine whether you have a potential lawsuit against the nursing home.
Damages in a Nursing Home Abuse Lawsuit
Nursing home lawsuits are often filed after your loved one dies from their injuries. In that event, your lawsuit could be both a wrongful death and a survival action.
Your damages could be based on a number of factors:
- How much your loved one suffered and what they endured before they passed away
- The level of negligence or recklessness on the part of the nursing; is important because your family could get punitive damages
- The closeness of your relationship with your loved one
Your case would be valued based on specific factors that apply to what happened to your loved one.
How TSB Injury Law Can Help With a Nursing Home Abuse Case
The nursing home is not going to make it easy for you to get the information that you need, nor will they willingly give you financial compensation. You will need to put legal pressure on them, and that is exactly what we can do on your behalf at TSB Injury Law.
Our team can help your family in the following ways:
- Investigate an injury that your loved one suffered and gather proof that would show the nursing home was to blame
- Obtain medical records from the nursing home when they are violating their legal obligation to provide them to you
- Estimate the value of your damages for your lawsuit
- File a lawsuit on your behalf in the court system
- Use the discovery process to get further helpful evidence
- Negotiate a settlement with the nursing home or argue your case in court.
Contact Our Nursing Home Abuse & Neglect Attorney Today
You and your family have the legal ability to hold a nursing home accountable when their actions have injured your loved one. The first step in this process is to hire an experienced nursing home abuse attorney to file a lawsuit.
To speak with Taylor Braithwaite at TSB Injury Law, you can send us a message online or call us today at (803) 220-0000.
