Nursing homes are essential centers for elderly people, where they provide the elderly residents with the proper care they need to live out their lives with comfort and due respect.
People also believe that these facilities will take good care of their relatives in a friendly and professional manner.
Sadly this trust is sometimes breached when nursing homes do not provide decent care. Sometimes, residents can get abused and neglected, or mistreated which puts them in harm’s way, emotionally traumatized, and even financially exploitative.
In such circumstances, families get stressed and they are not very clear about how they should react.
Forcing negligent nursing homes to pay damages is not only a matter of righting a wrong that has been committed against certain residents but also a way of protecting the remainder of them.
This guide explains how to initiate legal action against a nursing home in South Carolina and offers actions families can take to help ensure residents receive adequate care.
Common Reasons for Filing a Lawsuit Against a Nursing Home
Families often file lawsuits against nursing homes for various reasons, including:
- Physical Abuse or Neglect
Pressure ulcers, skin lesions of unknown origin, or different personal injuries that may indicate poor treatment.
- Medical Malpractice
Missed doses of medications, inadequate or delayed health check-ups.
- Emotional or Psychological Abuse
Physical aggression includes threats, verbal harassment, or exclusion of the residents.
- Financial Exploitation
Fraud involves misappropriation of residents’ money or alterations of financial records.
Look for red flags such as dramatic weight loss, social isolation, or changes in personal grooming, and get help as soon as possible.
Legal Rights of Nursing Home Residents in South Carolina
Residents of nursing homes in South Carolina have legal rights accorded to them by federal and state laws such as the Nursing Home Reform Act.
These rights include:
- Protection from abuse, neglect, or exploitation.
- Outcomes that are significant for survivors include, proper medical attention appropriate medical treatment, and a safe environment.
- The ability to be involved in the decisions concerning the treatment and the management of the affairs in their lives.
The state of South Carolina protects these rights through regulatory agencies so that the health care facilities provide standard care.
Steps to Take Before Filing a Lawsuit
There are several steps you should look out for before filing a lawsuit:
- Document Evidence
First gather medical records, photos of the injuries, and written descriptions of the suspected abuse or neglect. Heating received from other staff or other residents of the home can also be used as evidence.
- Report the Issue
Contact the office of the South Carolina Department of Health and Environmental Control (DHEC) responsible for the administration of rules regarding nursing homes.
They may help you substantiate your argument in their investigation.
- Consult an Attorney
A nursing home abuse lawyer will advise you on whether you have a good case and what course of action to take.
- Consider Other Outcomes
In some cases, it is possible to find a solution to the problem by using the services of a mediator or negotiating with the defendant. Some of these options should be discussed with your attorney.
Challenges in Nursing Home Lawsuits
Filing a lawsuit against a nursing home can be difficult.
Common challenges include:
- Proving Negligence
Establishing that the facility’s actions directly caused harm.
- Resistance from Insurers
Nursing homes and their insurers often fight claims vigorously.
- Statute of Limitations
In South Carolina, you have three years from the date of the injury or discovery to file a personal injury lawsuit.
An experienced attorney can help navigate these challenges and build a compelling case.
How to File a Lawsuit Against a Nursing Home
By following these steps you can easily file a lawsuit against a nursing home in South Carolina:
Step 1: Determine the Legal Basis for the Claim
Your claim might involve negligence, medical malpractice, or wrongful death, depending on the circumstances of the case.
Step 2: Filing the Complaint
Work with your attorney to draft and file the complaint in the appropriate South Carolina court, detailing the allegations and damages.
Step 3: Serving the Nursing Home
The nursing home must be formally notified of the lawsuit, following South Carolina’s legal requirements for serving a complaint.
Step 4: Discovery Phase
Both parties exchange evidence, including medical records, facility policies, and witness testimony. This phase is critical for building a strong case.
Step 5: Negotiations or Trial
Many cases settle during negotiations, but if no agreement is reached, your attorney will present your case at trial to seek a judgment.
How an Attorney Can Help
A skilled attorney will:
- It is necessary to search through the case, collect proofs, and find out who is involved.
- Consult doctors and lawyers to support your allegations.
- Deal with the nursing home and or their insurers about the case.
- Defend you in court to make sure your loved one is compensated for their loss as they should.
You need to act if you have any feeling that your relative is being abused or neglected in a nursing home. Potential clients should contact Max Hyde Law Firm at 864-804-6330 to set up a free, no-obligation consultation and find out how they can help them fight for their rights.
