South Carolina Nursing Home Abuse Lawsuit Settlements
If someone you care about has been harmed in a South Carolina nursing home, you’re not alone. Across the state, families are stepping forward and securing South Carolina nursing home abuse lawsuit settlements that bring accountability and help them move forward. At Nursing Home Law Center, we believe in your case and are here to stand beside you every step of the way.
Settlement and Verdicts Recovered by Our Nursing Home Abuse Lawyers
At Nursing Home Law Center, our South Carolina nursing home abuse lawyers have years of experience handling nursing home abuse cases across the state, securing meaningful settlements and trial verdicts for families affected by neglect, abuse, and other forms of mistreatment in care facilities.
$810,000 Settlement
David’s mother, a 76-year-old resident with advanced dementia, was sexually assaulted by a maintenance worker inside a Columbia nursing home. The facility failed to conduct adequate background checks and allowed unsupervised staff access to vulnerable nursing home residents.
The nursing home lawsuit settlement reached $810,000. The emotional distress and violation of legal standards impacted the nursing home abuse settlement significantly.
$735,000 Settlement
Eleanor, a 79-year-old resident in a Greenville nursing home, was left unattended in a wheelchair and fell, suffering a broken leg and compression fractures in her spine. The incident was captured on surveillance footage.
Her nursing home settlement reached $735,000. The facility’s failure to follow fall prevention protocols and proper supervision guidelines under South Carolina law influenced the amount.
What Types of Financial Compensation Can Be Recovered Through Nursing Home Abuse Settlements?
South Carolina nursing home lawsuit settlements often include compensation for both economic and non-economic damages.
Economic Damages
Economic damages refer to the direct financial losses that result from a resident’s abuse or neglect.
Medical Expenses
Cover costs for hospital stays, emergency care, medications, surgeries, follow-up visits, and any long-term medical care resulting from the abuse or neglect.
Relocation Costs
If a resident must be transferred to another care facility due to unsafe conditions, the cost of moving them and setting up care elsewhere can be recovered.
Rehabilitation and Therapy
Includes costs for physical, occupational, or speech therapy needed to help the resident recover from injuries such as broken bones, pressure ulcers, or neurological damage.
In-home Care Services
In some cases, families may choose to bring their loved one home and hire private caregivers, which can be a significant cost.
Medical Equipment and Supplies
Covers the cost of items like wheelchairs, mobility aids, hospital beds, or other medical supplies needed due to the injuries caused by neglect or abuse.
Funeral and Burial Costs
In wrongful death cases, surviving family members can recover the costs associated with laying their loved one to rest.
Lost Income or Financial Support
In cases where the victim contributed financially to the household, loss of that support may be considered.
Non-Economic Damages
Non-economic damages compensate for the psychological and emotional impact of the mistreatment.
Emotional Distress
Compensation for the emotinoal harm suffered by the nursing home resident or their family members as a result of the abuse.
Pain and Suffering
Accounts for the physical pain and mental anguish endured by the victim. This often makes up a significant part of a nursing home abuse settlement.
Disfigurement or Permanent Impairment
If the abuse leaves visible scarring or results in lasting physical or cognitive limitations, those impacts may be considered in the settlement.
Loss of Enjoyment of Life
Applies when the abuse or neglect results in permanent disability or a decline in quality of life. For example, a nursing home resident who loses the ability to walk or feed themselves may seek compensation for this loss.
Loss of Companionship
In wrongful death cases, surviving family members may be compensated for the emotional loss of their loved one’s presence, care, and support.
What Is the Average Settlement for Nursing Home Abuse and Neglect in South Carolina?
According to Law.com‘s VerdictSearch, the average settlement for nursing home abuse and neglect in South Carolina is $779,707, with reported amounts ranging from $20,000 to over $3.5 million.
Several key factors can affect settlement amounts:
- Severity of the victim’s injuries: Serious harm like brain injuries, fractures, or wrongful death usually leads to higher settlement amounts.
- Type of abuse: Cases involving physical abuse, sexual assault, or medical malpractice often carry more legal weight.
- Evidence presented: Strong evidence–like medical records, witness statements, or video footage–can push the case value higher.
- Facility history: Past violations, citations, or lawsuits against a facility can impact both liability and settlement negotiations.
- Age and health of the resident: Life expectancy and pre-existing conditions are often factored into compensation calculations.
- Punitive damages: If the conduct was reckless or intentional, the court system may award additional damages to punish the facility.
Example Nursing Home Lawsuit Settlements and Verdicts
$3.5 Million Verdict After Fatal Fall at Columbia Assisted Living Facility
Floyd McMurray, 89, fell at Carolina Gardens Senior Living in Columbia, suffering a fatal brain bleed and hip fracture just two weeks after admission. The victim’s estate alleged the facility failed to implement a fall prevention plan despite knowing he was at high risk.
After default judgments on liability, the court awarded $3,508,749, including $1.5 million for wrongful death, $1.5 million in survival damages, $108,749 in medical costs, and $400,000 in punitive damages.
$1 Million Settlement After Pain Medication Theft at Lexington Facility
Henry Sloan, a terminal cancer patient at Oakleaf Village in Lexington, suffered extreme pain after staff allegedly replaced his prescribed opioids with over-the-counter meds. His estate claimed gross nursing home negligence and falsified medical records. Though his death was unrelated, the family secured a $1 million settlement to compensate for his suffering before trial.
$950,000 Settlement for Pressure Ulcers and Amputation Before Death
Raymond Hollingsworth developed severe pressure sores and contractures at Charleston Nursing Center, eventually requiring leg amputation and dying from complications. His wife alleged neglect, improper care planning, and inadequate staffing.
After a jury awarded $866,412 in survival damages, the case settled during trial for $950,000, avoiding further phases on punitive damages and shared liability.
$350,000 Settlement After Wheelchair Accident and Rapid Health Decline
Louise Hemingway, 88, fractured her femur when staff transported her in a wheelchair without using footrests at Loris Rehab and Nursing Center. She died eleven days later following complications, including infection, dehydration, and kidney failure.
Her estate alleged poor supervision and a lack of care planning. The case settled for $350,000, including $297,500 for wrongful death and $52,500 for loss of chance of survival.
What Types of Elder Abuse Can Be Grounds for a Lawsuit Against a Nursing Home or Assisted Living Facility?
When a nursing facility fails to protect residents from harm, families may have the right to take legal action. Below are the most common forms of abuse that may lead to a nursing home lawsuit.
Physical Abuse
Physical abuse involves the intentional use of force against a nursing home resident, resulting in pain, injury, or distress. This may include hitting, pushing, improper restraint use, or rough handling during transfers. Family members may notice unexplained bruises, broken bones, or a sudden change in the resident’s behavior.
Emotional Abuse
Emotional abuse can be harder to detect, but it can be just as harmful. It includes verbal threats, intimidation, humiliation, isolation, or other actions that cause psychological harm. A resident may appear withdrawn, depressed, fearful, or anxious without explanation. In many cases, emotional abuse is ongoing and committed by staff who misuse their authority.
Financial Abuse
Financial exploitation occurs when someone takes advantage of a nursing home resident for personal gain. This may involve forging checks, stealing money or valuables, manipulating a resident into changing a will, or misusing access to bank accounts.
Assisted living and nursing home staff with unchecked access to residents are often in a position to commit this type of abuse. Families can pursue legal action to recover stolen funds and hold the facility accountable for the lack of oversight.
Sexual Abuse
Sexual abuse includes any non-consensual sexual contact with a resident, especially those who are unable to give informed consent due to dementia or other cognitive conditions. Perpetrators may be staff, other residents, or outside visitors.
Warning signs include sudden behavioral changes, bruising, or fear of certain individuals. Nursing homes are legally required to supervise residents and maintain safety.
Neglect
Neglect is one of the most common forms of elder abuse and occurs when staff members fail to provide necessary care. This can lead to dehydration, malnutrition, untreated infections, bedsores, and preventable injuries like falls.
Neglect may be due to understaffing, poor training, or a lack of proper care planning. Families who notice declining health or unexplained injuries should investigate immediately.
Wrongful Death
If a resident dies as a result of nursing home neglect, the surviving family may pursue a wrongful death claim. These lawsuits aim to hold the nursing home facility responsible for failing to protect the resident and to provide compensation for medical bills, funeral costs, and the emotional impact of the loss.
What Are South Carolina’s Nursing Home Abuse Laws?
The South Carolina Omnibus Adult Protection Act (Title 43, Chapter 35 of the South Carolina Code) defines several forms of mistreatment that may occur in nursing homes or assisted living facilities.
- Abuse includes physical abuse, psychological abuse, sexual abuse, or intentional acts that cause harm or create a risk of serious injury.
- Neglect refers to the failure of a caregiver or facility to provide adequate care, supervision, medical services, or necessities like food, shelter, and hygiene.
- Exploitation involves the misuse of a vulnerable adult’s resources for personal benefit, including financial exploitation.
Under South Carolina Code § 15-3-530, the state generally allows three years from the date of injury (or discovery of the injury) to file a personal injury or wrongful death lawsuit related to nursing home abuse or neglect.
Under the South Carolina Tort Claims Act, if the case involves a government-run facility, a two-year legal deadline may apply, and a Notice of Intent to File Suit might be required (§ 15-78-110).
Multiple state agencies oversee the safety, licensing, and quality of care provided in nursing homes and assisted living facilities across South Carolina:
- South Carolina Department of Health and Environmental Control (DHEC) – Is responsible for licensing and inspecting nursing homes and assisted living facilities. They investigate complaints related to poor care, staffing issues, and unsafe conditions.
- South Carolina Long Term Care Ombudsman Program – Helps residents and families resolve concerns with care facilities and can assist in reporting nursing home neglect.
- Adult Protective Services (APS) – Handles reports of abuse for vulnerable adults in community and facility settings. They can be contacted through the South Carolina Department of Social Services (DSS).
How to File a Nursing Home Lawsuit in South Carolina
At our firm, we start by offering a free case review to help families understand whether they have grounds for a nursing home lawsuit. Our skilled attorneys begin by gathering evidence needed—medical treatment records, witness statements, care plans, and inspection reports—to support your legal claim.
We work closely with medical experts to evaluate how the nursing home facility failed to provide proper care. Our experienced attorneys handle all filings, negotiate directly with the facility’s insurance company, and prepare the case for trial if a fair settlement isn’t reached.
Throughout the process, we keep our clients informed and involved, without burdening them with upfront costs or hourly fees. We handle the legal work so you can focus on your loved one’s needs. Our goal is to seek justice and maximum compensation that reflects your loved one’s injuries and holds the facility accountable under South Carolina law.
Book a Free Consultation
If you’re concerned that a loved one has been harmed in a South Carolina nursing home or long-term care facility, we’re here to help. Our firm offers a free, no-obligation case review to answer your questions and explain your legal options. There are no upfront costs, and you won’t pay anything unless we recover compensation for your case.
We understand how difficult this situation can be, and we’re committed to standing with you throughout every step of the legal process. Contact us today to speak with an experienced nursing home abuse attorney.