Nursing home liability in South Carolina is the right of an injured person to claim compensation when they’re hurt because of poor treatment in a nursing home. There is a legal standard to evaluate nursing home liability for compensation in South Carolina, and the nursing home may be financially responsible when they fails to provide adequate care.
Jordan Law Center’s Greenville nursing home abuse lawyer explains nursing home abuse liability and what to do if you or a loved one is a victim.
Nursing Home Liability in South Carolina
If you or a loved one lives in a nursing home in South Carolina, you should know:
- Nursing homes have a legal duty to provide adequate care.
- The legal standard is reasonable care.
- The standard for what counts as reasonable is flexible. Each situation is evaluated individually for nursing home liability.
- When a nursing home fails in its duty, a victim may receive monetary compensation. In cases of wrongful death, the surviving family may claim compensation.
- To receive a payment, you must pursue a claim.
- Liability to pay compensation is separate from a criminal case. There may also be criminal charges issued, but you may pursue the civil case for nursing home abuse on your own.
A care facility may have nursing home liability insurance to pay a claim. Our lawyers can investigate sources of compensation.
Common Causes of Nursing Home Liability Claims
Common causes of nursing home liability claims include the following:
- Inadequate fall protection—Nursing home residents usually have an elevated fall risk because of medical conditions or advanced age. Fall protection should be addressed facility-wide, with adequate railings, floors clear of clutter, and doors that don’t close too quickly. In addition, a person’s individual fall needs should be assessed.
- Spread of infection and disease—Poor sanitation in a facility can spread illness. Workers may not sanitize medical equipment between uses, wash linens, or clean common surfaces often enough. Residents may be lacking in basic hygiene. The result may be infection and illness.
- General neglect—Inadequate nutrition can lead to dehydration, a weakened immune system, and overall health decline. A patient may develop bedsores from infrequent repositioning. In addition, general neglect may result in a failure to recognize a medical condition or the need for help.
- Medical errors—People who live in nursing homes often have medical needs. Errors in medical care may result from understaffing, unqualified staff, rushing, and inattention. As a result, a patient may suffer an acute injury or a long-term health decline.
- Environmental hazards—Dangers in a residential care environment may include poor lighting, broken fixtures, jostling of people, furniture, and other trip hazards, inadequate supervision of residents, fire danger, electrical hazards, and others.
When injuries occur from these and other causes, the nursing home may have legal liability.
Who Can Be Held Liable for Nursing Home Abuse or Neglect
A person or institution responsible for nursing home abuse or neglect may be liable. Most often, this is the nursing home facility itself. It’s important to determine the party to name in the case. Residential care facility ownership can be complex, and facilities may change ownership. If a contractor provides services to the facility, the contractor may be liable for negligence. You may name all parties with responsibility.
Proving Negligence or Abuse in a Nursing Home Case
The victim must prove nursing home abuse liability by establishing a reasonable standard of care and explaining how that standard was violated. Usually, this is done through witness statements, medical records, surveillance video, photographs, records of facility activity, and other means. You may rely on an expert to explain how the nursing home failed to meet a reasonable standard of care.
Jordan Law Center is a nursing home abuse liability lawyer and can assist you in building your case.
Damages Available in Nursing Home Liability Cases
Damages in a nursing home liability case may include the following:
Economic harm
Commonly, economic harm is increased medical bills and nursing care. A person may have expenses for supplies and other necessities relating to their injury.
Non-economic harm
Non-economic harm is pain and suffering. Injuries and illnesses are physically painful. But a person who is hurt also endures mental suffering. Reduced life expectancy and diminished quality of life may be compensated for. Non-economic damages are compensated according to the extent of the injury.
Punitive damages
When the nursing home is liable for willful, wanton, or reckless conduct, the victim may seek punitive damages. Punitive damages punish extremely offensive conduct by the nursing home.
How a Greenville Nursing Home Abuse Lawyer Can Help
At Jordan Law Center, we represent clients in nursing home abuse liability claims—and we win. Our Greenville nursing home abuse lawyers can take care of everything. We hold nursing homes accountable and protect the rights of injured victims.
Contact Us
We invite you to contact Jordan Law Center for a consultation. Learn about nursing home abuse liability. See how a lawyer can help with your claim. Call or message us now.
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