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Elderly people in nursing homes are exposed to potential abuse and neglect. Nursing home abuse can take many forms, such as physical, emotional, or sexual abuse.
Nursing home abuse can happen through actions or inactions, as many cases of nursing home abuse involve neglect of the patient’s needs. If you or your loved one were subject to neglect or mistreatment, you should reach out to a Charleston County nursing home abuse lawyer to explore filing a lawsuit. A compassionate personal injury attorney could help you recover compensation.
Nursing home residents in Charleston County are protected from abuse under both federal and state laws. Since many nursing homes participate in Medicaid and Medicare, residents are protected under the Federal Nursing Home Reform Act, 42 U.S. Code § 1395i–3.
The legislation introduced basic requirements regarding the standard of care and rights of nursing home residents. For example, the statute says nursing home residents have the right to free choice in matters such as choosing their physician and planning their care and treatment.
Per federal law, nursing home residents have the right to:
The state has its own bill of rights for residents of long-term care facilities, including nursing homes, according to S.C. Code § 44-81-40. The state’s bill of rights overlaps with many of the rights under federal laws.
Under state law, the facility must explain nursing home residents’ rights in writing and orally and establish grievance procedures. For example, residents have the right to refuse to participate in experimental research, manage their financial affairs, and store personal possessions in a secure place.
Like federal law, state laws also stipulate that seniors have the right to remain free from mental and physical abuse, physical or chemical restraints, and to be treated with respect and dignity when receiving personal care. A nursing home abuse lawyer in Charleston County could determine which of a resident’s rights were violated.
It is not always easy to tell when someone is being abused in a nursing home. Sometimes an elderly person could have a limited ability to communicate or a condition that impacts mental health, such as dementia, that makes it difficult to communicate abuse.
If the abuse is physical or due to neglect, the resident could potentially show signs or symptoms of abuse. These could include:
Emotional abuse is more difficult to spot but could take the form of verbal attacks. The elderly person could show signs of depression or social detachment from emotional abuse.
If a nursing home is suspected of financial abuse, this misconduct could show up by drastic or sudden changes in a resident’s spending habits. An attorney in Charleston County could collect evidence such as pictures, videos, or banking records to prove abuse.
Every nursing home facility is required to put grievance procedures in place to allow residents to enforce their legal rights. At the federal level, nursing homes that violate the Federal Nursing Home Reform Act could face civil fines.
The State Department of Health and Environmental Control can increase their monitoring of nursing homes that violate the state’s nursing home bill of rights.
If a nursing home resident in Charleston County sustained injuries from the abuse, they could file a personal injury lawsuit against the facility or its staff. When a care home or its employees fail to adhere to a certain standard of care, a court could find them guilty of negligence if that failure caused injuries.
A lawsuit could allow someone abused in a nursing home to recoup damages such as medical expenses, pain and suffering, emotional distress, or a loss of quality of life.
If you see signs of nursing home abuse, do not hesitate to speak with an attorney. A Charleston County nursing home abuse lawyer is ready to consult with you about the facts of your situation.
Our knowledgeable and skilled legal team takes pride in its hands-on approach when working with our clients.