South Carolina Nursing Home Abuse Lawyers

Senior man South Carolina nursing home

It seems incomprehensible that a nursing home could ever engage in the abuse or neglect of a loved one. Society has always assumed that nursing home facilities provide the care that adult children are frequently unable to provide due to work or other reasons. Unfortunately, there is a serious underlying issue of abuse that has been impacting nursing home facilities for years. Just recently, elder care has become a topic of nationwide concern and has shed light on the abuse suffered by residents everywhere. The National Center on Elder Abuse reveals that over 85 percent of all cases of physical abuse go unreported every year. Even more shocking, over 99 percent of all cases of sexual abuse are also unreported every year. This means that our nation’s seniors are being subjected to unlawful treatment on a regular basis, and no one seems to be doing anything about it. You must take action if you witness your loved one being abused or have suspicions of abuse in a South Carolina nursing home facility. Call a South Carolina nursing home neglect attorney today to receive assistance in investigating your concerns of abuse or neglect today.

Nursing Home Injury Laws in South Carolina

Ever since 1987, society has taken a strong stance against the abuse and neglect of residents under the law. However, nursing homes in South Carolina have not always acknowledged the binding power of the law. The Nursing Home Reform Act of 1987 maintains that nursing homes must accommodate the medical, physical, psychological and social needs of residents. Nursing homes cannot neglect to provide counseling to residents when they may be in need of it. There may be certain forms of medical treatment that residents require in a nursing home. Nursing homes can stray from providing the care that residents need and require when they do not consistently administer medications, fail to provide emergency medical care when needed or do not involve residents in social activities that may improve their psychological well-being.

The main source of legal authority that governs nursing home abuse claims is the Adult Protection Act. The Adult Protection Act provides for the reporting and investigatory procedures for when a vulnerable adult is subjected to abuse and neglect. After receiving a report, the Department of Social Services will conduct an assessment of an elderly person’s situation. If the Department determines that one is at risk for abuse, neglect or exploitation, then it will go ahead and secure alternative services for the vulnerable adult. He or she may be placed in a different facility or may receive the medical supplies and attention that he or she needs.

Understanding the Signs of Neglect and Abuse

It is important for family members to be able to recognize the signs of neglect and abuse of a loved one. Upon recognizing signs of abuse or neglect, family members can then file a report and get a person the medical attention and help that he or she needs. A report can be filed with the South Carolina Department of Social Services. Some of the following signs are red flags that a vulnerable adult has become the victim of abuse or neglect:

  • Bruising and abrasions
  • Open wounds
  • Facial scratches
  • Fatigue
  • Unexplained weight loss or weight gain
  • Anxiety and depression
  • Broken limbs from falls
  • Sedate behavior
  • Inability to speak around staff workers
  • Feelings of isolation

If you notice that a loved one has any of these signs of abuse or neglect, then get in touch with a nursing home lawyer today. A nursing home lawyer can inform you about the process of filing a report as soon as possible. He or she can also help you to gather evidence to strengthen the claims of abuse or neglect that you have.

Blue-CTA

Working with South Carolina Nursing Home Lawyers for Your Case

Stand up for the rights of your loved one with the help of nursing home lawyers. Nursing home lawyers are here to support you in your time of need.  Our lawyers are ready to assist families throughout South Carolina in areas such as:

A South Carolina nursing home neglect attorney will stand by you in every step of the process so that your loved one can receive the compensation that he or she deserves

Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 3 years with Discovery Rule. (S.C. Code Ann. §15-3-530)
  • Medical malpractice – 3 years with Discovery Rule, but no more than 6 years from date of occurrence. Foreign object cases are 2 years from discovery. The SOL for minors is tolled 7 years or 1 year after reaching majority, whichever is shorter. (S.C. Code Ann. §15-3-545)

DAMAGES CAP

  • Noneconomic damages for medical malpractice claims are limited to $350,000 for each claimant. No limit for economic or punitive damages. (S.C. Code Ann. §15-32-220)

Wrongful Death

STATUTE OF LIMITATIONS

  • 3 years with Discovery Rule. (S.C. Code Ann. §15-3-530)
  • Medical malpractice resulting in death: 3 years. (S.C. Code Ann. §15-3-545)

DAMAGES CAP

  • None.

State Resources

  • South Carolina Department of Health and Environmental Control
  • Adult Protective Services
  • Department of Health and Environmental Control

Nursing Home Care State Law

  • Adult Protection (S.C. Code of Laws Title 43, Chapter 35)

Client Reviews

  • Having worked in the medical field, I appreciated the way that Mr. Rosenfeld and his staff approached my family’s situation. The combination of medical knowledge and legal expertise was indeed the winning combination for our case.
    ★★★★★
  • While nothing can change the way our mother was treated at a nursing facility, I do feel a sense of vindication that the facility was forced to pay for their treatment. I am certain that they would never have done had my attorneys not held their feet to the fire.
    ★★★★★
  • I was very nervous about initiating a claim against my mother’s nursing facility, but Rosenfeld Injury Lawyers took care of everything from getting the medical records to going to court. I felt like I had real advocates on my side. That meant a lot to me.
    ★★★★★
  • After a horrific episode at a nursing home, my sister and I spoke to a number of law firms. No one took the time to answer our questions and explain the legal process like Mr. Rosenfeld. He did a tremendous job on our case and I can see why he’s earned the praise he has from clients and peers.
    ★★★★★
  • I liked the fact that I could call the office and ask questions about the legal process at anytime. I could tell that my case was in good hands. I think that this was reflected in my father’s settlement was more than I anticipated the case ever being worth.
    ★★★★★