Nursing home abuse is a sad reality that is witnessed in many families across the country; it is a form of abuse suffered by some of the most frail members of our society: the elderly. 

Nevertheless, the care facilities have legal requirements to protect and promote the rights of the residents and prevent neglect and abuse.  Families in Spartanburg need to know how to seek justice in such circumstances. 

In case your loved one has been abused in a nursing home, you may be able to sue and seek justice for the perpetrators.  This guide will teach you how to safeguard your relative and pursue damages for the losses incurred.

What is Considered as Nursing Home Abuse?

There are many types of abuse and neglect that may happen in a nursing home, and it is pivotal to identify all of them. 

Throughout South Carolina, nursing home abuse generally falls into several categories:

Physical Abuse

This includes any act of physical aggression including the use of force to physically strike a patient, or push him/her, which can result in a harmful personal injury or to use the restraints inappropriately. 

Symptoms may include such things as bruising, bone fractures, or other types of injuries which are unexplained. 

According to the National Elder Mistreatment Study, the one-year prevalence of physical abuse among adults aged 60 years or older in the United States was 1.6%.

Emotional or Psychological Abuse

Emotional abuse is when a person uses words to threaten or embarrass, socially exclude, or even physically coerce someone. 

The signs of fear, anxiety, or sudden behavioral changes are some of the signs of the victims.

Sexual Abuse

Sexual abuse means any sexual contact with a resident that has not been consensual, including penetration or inappropriate touching. 

They may present symptoms such as injuries or cuts or they may isolate themselves from society.

Financial Exploitation

Some of the forms of abuse that the elderly in nursing homes are likely to suffer include financial abuse where the caregivers or staff are likely to misuse the money, credit cards or property belonging to the patients. 

This form of abuse could be identified when a senior suddenly starts making unexplained withdrawals, items go missing or their financial behaviors change. The National Elder Mistreatment Study reported a 5.2% prevalence of financial abuse.

Neglect

Child abuse or neglect happens when caregivers deny residents adequate attention and care they require, and some residents end up being dirty, hungry, or sick and are ignored. 

These are some of the symptoms that could be indicative of the fact that the elderly are being neglected; these are bed sores, signs of dehydration, and unhygienic living conditions.

Legal Reasons for Suing a Nursing Home in Spartanburg

In cases of nursing home neglect or abuse, it is essential to know the legal procedures that may be followed in the case. 

In South Carolina for instance, the nursing homes are mandated to observe the state and federal laws that seek to safeguard the residents.

Negligence

A large number of the cases of abuse in nursing homes are founded on negligence. 

In order to offer evidence that negligence occurred, you have to demonstrate that the injury occurred because of the nursing home’s failure to meet a standard level of care. This involves demonstrating that:

  • This nursing home had a legal and moral responsibility to the residents.
  • The facility breached that duty for example by hiring unqualified staff or inadequate supervision of the staff.
  • The breach led to injury or harm to the resident in that it was committed to the resident.
  • The resident was harmed as a consequence (for example, receiving medical expenses, and physical and mental distress).

Violation of Regulations

Nursing homes have to adhere to the laws laid down by the Nursing Home Reform Act and other state laws. These regulations may be used as evidence in a lawsuit in case a nursing home violates them. 

Some of the violations that may be committed may include a lack of a sufficient number of staff, failure to act on cases of reported abuse or neglect, or failure to provide for the medical needs of the residents.

Intentional Infliction of Harm

At worst, some of the staff members in nursing homes may decide to harm or even distress the resident. 

In such cases, the victim of a nursing home may seek legal redress in a civil claim for intentional infliction of emotional distress or an assault.

Spartanburg Cases in the Past That Involved Nursing Home Abuse

According to abuse, neglect, and exploitation in long-term care (ANE), it is also important to consider past cases of nursing home abuse in Spartanburg so a person understands the legal aspects of nursing home abuse, as well as the kinds of abuse that have taken place. 

Here are a few notable cases:

Case Example 1

Spartanburg, SC (WSPA). Two nurses were charged with neglecting patients at a Spartanburg nursing home. 

Heather Starr Gowan, 44, and Alyssa Page Morris, 22, were each arrested on two counts of neglect of an adult.

The attorney general’s office said that the two did not clean the wounds of the victims, adding that the wounds were growing bigger and unnecessarily putting the lives of the victims in danger. 

Gowan and Morris were both arrested at the Spartanburg County Detention Center Monday and have since been released.

Case Example 2

In 2018, a Spartanburg County man was charged with sexually assaulting a dementia patient at the Magnolia Manor Inman facility.

Timothy Hutley, his mother who has only recently been transferred to the Magnolia for treatment, is now a sexual assault survivor.

The man accused of 3rd degree criminal sexual conduct is 44 year old Christopher Pilgrim.  He did not work at Magnolia. The family says they never knew him.  They were informed that he was caught in the act.

A federal records search shows the facility has only one of five stars for a history of inspection issues. Two years ago it had to pay more than $100,000 in fines.

The family says they received no apology from Magnolia Manor after the sheriff’s office informed them of what happened. The victim remains in the hospital.

Potential Compensation Available for Nursing Home Abuse Lawsuits in Spartanburg

In case you choose to file a lawsuit against a nursing home for abuse, it is essential to know the forms of damages that are recoverable. 

A victim of nursing home or elder abuse can seek several forms of damages, including:

Medical Expenses

This encompasses compensation for all medical expenses that are incurred as a result of the abuse, which may include, hospitalization, follow-up medical care, physical therapy, and prescription.

Pain and Suffering

The abused person can be awarded damages for physical suffering and psychological torture as a result of the abuse. 

This type of damage is usually general and may differ depending on the degree of the abuse and its effects on the life of a victim.

Punitive Damages

Extra damages may be awarded where the nursing home acted in a particularly reprehensible or reckless manner. 

These damages are meant for the offender and to ensure that he or she does not repeat the same mistake again.

Reduced Quality of Life

They also ask for compensation for the loss of amenities of life which may include lost companionship, social activities, or ability to do things they used to do.

Wrongful Death

In the worst of cases, if the relative has succumbed to the abuse in a nursing home, the relative can file a wrongful death lawsuit

This can include burial and funeral costs, loss of companionship, and loss of potential earnings.

Statute of Limitations in Spartanburg, South Carolina

One of the important aspects that should be taken into account in South Carolina is the statute of limitations regarding the lawsuits connected to cases of nursing home abuse. 

In South Carolina, the Statute of Limitations for filing a nursing home abuse lawsuit is generally 3 years from the date of the abuse or neglect.

General Time Frame

In general, South Carolina’s personal injury statute of limitation for filing a lawsuit is three years from the date of the occurrence including claims of nursing home abuse. 

This means that you should do something within this period if not, you will lose your right to sue.

Exceptions

This is to mean that there are situations when the statute of limitations is either extended or put on hold. For example:

  • In case the victim is incompetent (for instance, unable mentally or physically to present a claim), the time may not begin until the victim regains capacity.
  • Where fraud or misconduct has been committed or where abuse has been concealed, the limitation period may be tolled until the abuse is revealed.

Importance of Timeliness

For these reasons, if you have a feeling that your loved one is being abused in the nursing home, do not waste time. 

To make sure that one complies with the filing deadline, the evidence should be collected, the abuse should be reported, and a nursing home abuse lawyer should be consulted.

Issues That May Arise in a Nursing Home Abuse Case

Some of the cases of abuse that occur in nursing homes are complex, especially for the patients and their families. Understanding these obstacles can help you prepare for the journey ahead:

Lack of Evidence

It may be challenging to prove the abuse happened in nursing homes especially when there are few witnesses, or there are no signs of injuries or bruises. 

Most cases of neglect or abuse take place behind closed doors, and therefore, it is difficult to get adequate evidence. Thus, it may turn into a problem to build a solid case when there is no clear evidence.

Reluctance of Witnesses

Other residents or nursing home staff members may be reluctant to testify because they are afraid of being fired demoted or losing other privileges. This reluctance will make it even more difficult to obtain testimonies of the abuse directly from the victims.

Nursing Home Defenses

It is also common to find out that nursing homes have adequate resources to fight the allegations. They may have hired professional lawyers who will try to deny allegations, minimize the severity of injuries, or say that the nursing home acted accordingly. 

This can be quite a challenge for the victims since they stand a low chance of winning the case.

Emotional Toll

The stress that comes with litigating a nursing home abuse case is enormous. The abuse may also cause stress and anxiety in families while managing the physical and social consequences of abuse on their family members.

Why Hire Our Spartanburg Nursing Home Abuse Lawyer

An important thing to understand is that each state has its own set of laws regarding the cases of nursing home abuse. 

Hiring our attorney who is familiar with Spartanburg’s legal landscape can provide significant advantages in building a strong case:

Local Knowledge

Our Spartanburg nursing home abuse attorney knows the legal rules, rules, and regulations that nursing home in South Carolina is expected to follow. This local knowledge can be very important in proving violations and laying down strong evidence for your case.

Local Nursing Homes Knowledge

Our attorney who practices in Spartanburg will know the nursing homes that are located in the area, their past, and their track record when it comes to cases of abuse. 

It can be useful information when it comes to evaluating your case and deciding on the course of action to take.

Personalized Support

Our lawyer is easier to get and is likely to be more sympathetic to the case from the start to the end. They can go to your home to see you, listen to your story, and offer support during a difficult period filing a neglect case.

Commitment to Justice

Our lawyers have an interest in the functioning of their communities and are motivated to protect the rights of the most susceptible. 

They will expend every effort in fighting for your and your loved one’s cause to ensure that the culpable parties are brought to book.

If you have a feeling that your loved one is being abused in the nursing home, do not delay to act. Contact Max Hyde’s law firm at 864-804-6330 for a no-obligation free consultation session. 

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