Most families expect that their loved one will be well taken care of in a nursing home facility. After all, these facilities are designed to help the elderly stay safe and healthy. Unfortunately, neglect and abuse happen quite often in nursing homes all across the country, resulting in serious and potentially life-threatening harm.
Nursing home abuse occurs whenever caretakers and healthcare providers in long-term care facilities harm residents. The harm could be both intentional and unintentional and can result in medical emergencies, trauma, and even death.
Unfortunately, nursing home neglect and abuse is still a prevalent issue due to improper training, understaffing, and staff burnout. Such factors could cause certain staff members to take out their frustrations on people they should be caring for in the first place. It may also cause them not to respond to emergencies, such as falls or strokes.
Fortunately, there are steps you can take in case your loved one experienced nursing home abuse. The nursing home abuse & neglect lawyers at Johnson, Johnson, Whittle, Lancer, and Staggs in Aiken, South Carolina believe that no amount of nursing home abuse should be tolerated.
We provide comprehensive and caring service to all our clients, and will aggressively deal with the at-fault party and their insurers. Contact us today at (803) 649-5338 to schedule a free consultation with our Aiken personal injury lawyers about your legal options for seeking justice on behalf of your loved one.
What Are the Common Signs and Indicators of Nursing Home Abuse and Neglect?
Nursing home abuse can quickly worsen and even turn deadly if it’s not stopped early enough. As such, if you have a loved one in a nursing home, it’s important to be able to recognize signs of neglect, mistreatment, or abuse.
Here are some of the common signs of abuse and neglect in a nursing home to watch out for:
- Unexplained injuries or bruises
- Dehydration and/or malnutrition
- Lack of care, such as being left sitting in soiled clothing and bandages not being changed
- Bed sores
- Infections
- Unusual behavioral changes
- Signs of sexual assault or occurrence of sexually transmitted diseases (STDs) or
- Unexplained changes in medication
- Physical restraint marks on wrists or ankles
- Fear of being touched
- Unexplained or unusual financial transactions
- Reluctance to speak, particularly in the presence of a staff member
- Unexpected death
If you notice any of these signs with your loved one, you should not ignore or adopt a wait-and-see approach. The sooner you take action, the better. Keep in mind that the vulnerable residents might not have the strength and willpower to defend themselves.
What is the Legal Process in Nursing Home Abuse Cases?
Victims of nursing home abuse, mistreatment, or neglect can pursue legal action against the perpetrators. A lawsuit will let you receive financial compensation for the harm that was done at the facility. Nursing home abuse & neglect lawyers can help you file a lawsuit.
Here is the overall legal process involved in filing a nursing home neglect or abuse case:
Initial Case Evaluation
The process will begin with an initial consultation with a lawyer to establish if your case is valid, followed by an investigation of the claim. When you come to us, we will collect information about your case and details about what happened. We will evaluate the information you provided to determine if you have a valid case.
Engagement
Once we accept your case, we will contact you to discuss possible representation. We will send you the necessary engagement materials, and then we’ll do a more in-depth interview where we’ll explain the process and the legal options available. We’ll also answer any questions you may have in more detail.
Claim Investigation
Here, we’ll start a thorough investigation to obtain evidence for the claim. Our investigation usually starts with collecting evidence such as medical records, surveillance footage, facility records, records from our clients, billing records, witness statements, and more.
It’s worth noting that the facility and the staff will almost always defend their actions. You want to avoid being in a situation where it’s the word of your loved one against the facility. So, be sure to keep all potential evidence that could be used to back up your claims.
For instance, if you notice unexplained bruises or marks, take a photo. If you notice the facility is understaffed, note the time and date.
Notify the LTCOP in SC
South Carolina’s Department on Aging oversees the Long Term Care Ombudsman Program (LTCOP). They should know about any neglect, abuse, or exploitation that occurs in any nursing home facility in South Carolina. You and your attorney can decide whether to call LTCOP or if your attorney should handle the communication with them.
Lawsuit
Your attorney will send a notice of claim to all the potential defendants, and then file a lawsuit with the court. The defendant will be served with the lawsuit, and they must file an answer within a month after being served.
Settlement negotiations
Most cases are handled out of court through settlement negotiations or mediation. We think this option offers the best possible results due to the uncertainty of taking the case to trial.
Trial
If settlement negotiations and mediation are unsuccessful, the trial process involves both sides arguing their case in front of a judge and jury. The trial could take anywhere from several days to weeks based on the complexity of the case.
At JJWLS, our team has extensive trial experience and can prepare a compelling case to convince the court why you deserve the maximum compensation.
What Are the Types of Nursing Home Abuse Cases?
Incidences of nursing home mistreatment, abuse, and neglect typically fall into several categories as outlined below:
- General abuse: Failure to provide daily care and assistance with tasks is a form of general nursing home neglect. Examples include not helping with hygiene.
- Physical abuse: This involves incidents of pushing, kicking, hitting, restraining, or other actions that cause physical harm to the victim.
- Medical abuse: Administration of incorrect treatment and failure to address illness or injury are forms of medical abuse.
- Nutritional abuse: Some nursing homes may endanger the lives of their patients by not providing them with a balanced diet and drinking water.
- Emotional abuse: This may include insulting, yelling, threatening, isolating, or controlling a patient.
- Financial abuse: Some nursing home staff may try to exert control over a resident’s finances by withholding funds, stealing, forging documents, accessing banking details, or fraud.
- Sexual abuse: Some signs of sexual abuse include sexually transmitted infections, physical injuries, and emotional distress.
What to Do if You Suspect Nursing Home Abuse
If you suspect abuse or neglect, you should act immediately, and consider removing your loved one from the harmful environment.
The following are some of the things you should also do:
- Seek Safer Environment: Ensure the safety of your loved one and seek medical attention if necessary. Consider relocating them to a safer environment.
- Document and Keep Records: Document the signs of abuse or neglect. Take photos and videos of visible injuries, and record what your loved one says about their experience.
- Contact the Authorities: Report the incident to the management immediately. Request a copy of the complaint and their investigation procedures.
- Call a Lawyer: Contact a nursing home abuse & neglect lawyer as soon as possible. A lawyer will help you commence the process of filing a claim to seek monetary compensation.
How Long Do I Have to File a Nursing Home Abuse Lawsuit?
In South Carolina, the statute of limitations for nursing home abuse cases is three years from the date of injury. While this might seem like ample time, it’s usually best to start your claim as soon as possible. The longer you wait, the harder it will be to collect evidence that can support your claim.
How a Nursing Home Abuse & Neglect Lawyer Can Help
Contacting a skilled nursing home abuse & neglect lawyer will provide you with the know-how and expertise needed for a personal injury case like this.
Our Aiken nursing home abuse & neglect lawyers offer:
Strategic Legal Support
Drawing on our deep understanding of personal injury laws and nursing home abuse cases, our nursing home abuse & neglect lawyers can carefully assess the circumstances of your case. This allows us to provide informed legal guidance on the best course of action.
Collecting Evidence and Case Investigation
Our team will launch an independent investigation into your case. This entails careful examination of medical records and documentation along with witness interviews. With strong evidence, our nursing home abuse & neglect lawyers can build a compelling case that substantiates your claims. We’ll also leverage our professional networks to uncover any wrongdoings on the defendant’s part.
Legal Advocacy and Negotiations
Our nursing home abuse & neglect lawyers are skilled negotiators. We’ll handle negotiations with the defendants and their insurance companies to secure the maximum compensation that adequately compensates your loved one for their damages, including physical injuries, pain and suffering, emotional distress, and others.
Why Choose JJWLS for Nursing Home Abuse Cases?
The nursing home abuse & neglect lawyers have the experience and knowledge needed to represent you and your loved one in order to get the compensation that you deserve.
Our law firm offers:
Effective Legal Advocacy
We are committed to providing all our clients with compassionate legal representation. Our team has extensive experience in handling nursing home abuse cases, and you can rely on us to deliver favorable results. If needed, our nursing home abuse & neglect lawyers are ready to represent you in court and make sure your voice is heard.
Compassionate Guidance
Our nursing home abuse & neglect lawyers understand how difficult nursing home abuse cases can be for the families involved. This is why we always aim to support you at every step of the way, offering understanding, empathy, and clear communication throughout the case.
Transparent Communication
We prioritize transparent communication with all our clients. You can be sure that our nursing home abuse & neglect lawyers keep you informed about the progress of your case, as well as the legal strategies in use and potential outcomes. You can also count on us to provide clear guidance and answers to any concerns or questions you might have.
Results-Driven Representation
Our goal is to get you a favorable outcome, whether through negotiated settlements or court decisions. We measure our successes through the positive outcomes we secure for our clients.
Client-Centered Approach
We give each case the personalized attention it deserves. Our nursing home abuse & neglect lawyers understand that no two cases are alike, and our team will work together as your independent advocates, only answering to you. We will also gladly meet you at your home or hospital whenever you need us.
Call Us Today To Get Started On Your Case With Our Nursing Home Abuse & Neglect Lawyers
If you suspect your loved one is a victim of nursing home abuse or neglect, it’s important to consult with an experienced lawyer who specializes in these kinds of cases, like those at JJWLS.
The Aiken nursing home abuse & neglect lawyers at JJWLS will aggressively fight for you and help you recover the compensation you are entitled to. Contact us today at (803) 649-5338 to schedule a free consultation.
