Do You Need Nursing Home Lawyers in South Carolina?
The Nursing Home Abuse Lawyers at the Strom Law Firm L.L.C. are award-winning litigators who are experienced in nursing abuse law. Contact us today so that we can help you determine the most appropriate course of action if you feel your loved one is a victim of abuse or neglect. Placing your loved one in a nursing home can be a difficult decision to make. You trust that your loved one will be well taken care of and protected from the effects of their deteriorating physical and/or mental conditions. You trust that patient care and proper treatment are cornerstones of the facility you choose. When that trust is violated, the nursing home should be held responsible.
The Strom Law Firm, L.L.C., has been fighting nursing home abuse for over 15 years, and we can help you find justice for the abuse or neglect suffered by you or your loved one. Call today for a no-cost consultation so we can discuss your situation and find the best course of action in building a case against those who are responsible.
What Kind of Nursing Home Abuse Cases Does Strom Law Firm, L.L.C. Handle?
As a team of nursing home abuse lawyers, we give our clients’ cases close attention. We understand that this is a difficult and emotional situation. Our team is sensitive to this fact, and we will work with you to make the best of this challenging period in your life and the lives of your loved ones.
We represent elderly clients and the families of elderly loved ones who have been victims of:
- Bedsores, pressure sores, decubitus ulcers, and infections
- Dehydration and malnutrition
- Financial abuse and exploitation
- Falls, dislocations, and fractures
- Inadequate staffing, training, and negligent supervision claims
- Medication and prescription errors
- Inappropriate use of physical or chemical restraints
- Physical, emotional, and psychological abuse and neglect
A nursing home can be held liable for negligence, and you can receive damages if:
- the nursing home’s owner or employees breached a duty of care owed to the injured person;
- the person’s injury was caused by this breach; and,
- the nursing home owner’s or employee’s conduct caused the injury.
While each case is unique, patient care facilities can be sued for:
- assault and battery
- negligent hiring and retention of employees
- negligent personal supervision and care
- negligent maintenance of the home or facility
Sadly, when loved ones age, they become more vulnerable to abuse, neglect, and exploitation. Physical and psychological harm can come to them through negligent or intentional acts of their caregivers.
Our Nursing Home Abuse Lawyers take an aggressive approach to confronting the kind of egregious misconduct found in nursing home abuse and neglect cases.
Factors That Contribute to Nursing Home Abuse or Neglect
Inpatient care settings, several factors have been shown to contribute to the abuse or neglect of residents in nursing homes, including:
- poorly qualified and inadequately trained staff;
- staff with a history of violence;
- inadequate numbers of staff;
- the isolation of residents; and, the
- the known reluctance of residents to report abuse out of embarrassment or fear
Serious abuse charges such as assault and battery should also be reported for criminal charges against both the employee and possibly the nursing home.
Approaches to Personal Injury Litigation in Nursing Home Abuse and Neglect
Nursing Home Liability
Here, the acts of an employee are equal to the acts of the nursing home. A nursing home can be liable under the doctrine of “respondeat superior” for any wrongful act or omission of its employees committed within the scope of the employee’s duties.
Nursing Home Negligence of Supervision and Care
Nursing homes have a legal duty to protect patients from predictable injury risks arising from their physical conditions and impairments, such as self-injury. Caregivers are under a duty to exercise reasonable care to avoid injury to their patients, which includes taking reasonable precautions to protect those who are unable to protect themselves.
Nursing Home Negligence for Unsafe Facility
A nursing home is under a duty to use reasonable care to keep its premises in a reasonably safe condition for residents and visitors. The nursing home should also eliminate any known dangers on the premises, or at least warn residents and visitors of any hidden conditions about which it is, or should be, aware. Our Nursing Home Abuse Lawyers are investigating Cornanvirus cases against nursing homes
Nursing Home Negligence for Improper Equipment
Residents of private nursing homes have the right to expect that reasonable care will be taken in selecting and maintaining the equipment and facilities. Defective devices such as wheelchairs, beds, and other appliances, or poorly maintained stairways, hallways, and examination tables have resulted in nursing home liability.
In some cases, the failure to provide residents with sufficient food, keep residents clean enough, or prevent bedsores from occurring, have supported convictions for elder abuse, and neglect criminal charges. In some cases, the unjustified use of physical restraint or force upon nursing home residents has resulted in convictions for elder abuse.
If a nursing home knows of special facts and fails to appropriately respond to those facts, they may be liable. For example, if a nursing home has knowledge of the violent or aggressive behavior of a patient who later attacked other residents, the home can be found liable for failure to protect the other residents and/or supervise the violent resident.
Mental suffering for which one may recover damages can include the following:
- Fear of the consequences of an injury while awaiting help;
- Fear experienced in the period between realizing an incident likely to cause injury was going to occur and the time of occurrence;
- Fear experienced after an injury about what else could have happened;
- Anxiety about one’s physical health and future well-being;
- Fear of the need for future surgery as a result of one’s injuries;
- Fear of increased vulnerability to future injury;
- Post-traumatic stress disorder
Death Due to Negligence
When a South Carolina nursing home or patient care facility places profit over adequate care whether due to inadequate supervision, understaffing, or otherwise, and your loved one is injured or killed; as a result, the nursing home should be held responsible for your losses.
In a case where a resident dies because of the nursing home’s negligence, it is not necessary to prove that the resident would have survived if not for the negligence. If the facility accelerated the resident’s death at all, it may be liable for the death, and if the negligence caused the resident additional pain and suffering, the nursing home could be liable to the resident’s estate for mental suffering.
Breach of Contract
Most nursing homes enter into a contract with a resident, setting out what services it will provide, and the cost of those services. If the perceived abuse or neglect of the nursing home or its employees is contrary to promises made in the contract, the nursing home can be sued under a breach of contract.
Negligence May Result From Medical Malpractice
The case of wrongful death or injury of elderly residents could be the result of malpractice, instead of negligence or abuse. Experienced nursing home malpractice lawyers have learned how to evaluate, gather facts, and apply the law in establishing blame, should any exist. Contact the Nursing Home Abuse Lawyers at the Strom Law Firm to find specific answers to your questions.
Common Defense Tactics Nursing Home Use to Fight Cases Brought Against Them
A common nursing home defense tactic is to attack causation, and argue that a resident’s underlying and preexisting poor-health and the physical condition caused the alleged injury. Another is to say they complied with minimum licensing standards. However, even if a nursing home can show it complied with minimum licensing standards, it may still be liable for a resident’s injuries due to abuse or neglect.
For these reasons, it is important to have an attorney research the applicable standard of care, licensing requirements, and other regulations in your area, as well as investigate the nursing home and all surrounding circumstances relevant to your suit. Our attorneys offer a free consultation with one of our nursing home abuse lawyers customized to your specific situation to see how we can help.
Report Elder Abuse and Neglect
The best nursing home abuse lawyers agree that anyone who suspects neglect, wrongdoing, abuse, or fraud regarding a resident in a nursing home, should Report Elder Abuse & Neglect to Adult Protective Services.
If you seek legal counsel for damages in an elder abuse or neglect case, Adult Protective Services must first investigate and provide a written Report Elder Abuse & Neglect for the incident. During the investigative period, as a nursing home abuse law firm, we would begin gathering information and evidence for your suit, as well as maintain communication with Adult Protective Services on your behalf.
To find resources and learn more about assisted living and nursing homes, visit South Carolina’s Office of Aging Ombudsman site. The site provides reports and access to records on long-term care facilities as well as the residents’ Bill of Rights.
The remedy of Nursing Home Neglect
In certain situations, Adult Protective Services may be able to meet the needs of a nursing home resident who has been abused, neglected, or exploited. If Adult Protective Services concludes that an allegation of mistreatment is well-founded, it will respond by offering the victim appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting.
In South Carolina, Adult Protective Services will secure and coordinate existing services (mental health, etc.), arrange for living quarters, obtain financial benefits to which a vulnerable adult is entitled, and secure medical services, supplies, and legal services.
When Complaints Against Nursing Homes Warrant Legal Action
If the victim’s family does not feel satisfied or justly compensated for the injury or indignity suffered at the hands of the nursing home after working with Adult Protective Services, the victim’s family can proceed against the nursing home for negligence.
The nursing home abuse lawyers at the Strom Law Firm, L.L.C., have aggressively pursued justice on behalf of loved ones and their families who have suffered injury or death as a result of nursing home abuse. Our investigators and attorneys will move quickly and discreetly to uncover and preserve critical evidence and vigorously pursue the maximum amount of compensation available under applicable laws.
If your loved one has been injured while under the care of a nursing home, contact the nursing home abuse lawyers at the Strom Law Firm, L.L.C. today for a free consultation Call (803) 252-4800.