Your Legal Questions Answered.
Answering Your Questions. Protecting Your Legal Rights.
If you or a loved one has been involved in an accident, you probably have many questions. Below are the answers to many questions faced by accident victims in South Carolina. If you do not see the answer to your question, just call our office or email Shelly directly - [email protected].
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What rights do nursing home residents have?
The rights of nursing home residents can be found at this fact sheet provided by National Citizens’ Coalition for Nursing Home Reform. http://www.justice4all.org/files/Fact%20Sheet%20on%20Residents%20Rights.pdf
What signs should I look for if I suspect nursing home neglect or abuse?
Listen to your loved one, even if their claims seem outrageous. Also, look for bed sores, malnutrition and dehydration. Many times, neglect plays a large roll in patients who have fallen and injured themselves.
What constitutes as “neglect” in a nursing home setting?
There are many different forms of "neglect" in a nursing home. The most obvious, of course, is physical neglect. It can also occur in neglecting the patient's personal hygiene needs, basic needs, medical needs and even emotional neglect.
What are some causes of nursing home neglect and abuse?
Nursing homes are filled with overworked and underpaid staff, many of whom are unqualified to care for all of the needs of an elderly person. Over time, many of these workers start to care less about the patients and more about themselves. Often, management will allow this behavior to continue so long as the facility is making a profit. This "turning a blind eye" behavior is callous and egregious, but, sadly, is common practice in many of today's nursing homes.
How long will it take to settle my nursing home abuse claim?
Unfortunately, there is not a set amount of time that a nursing home abuse claim will take before it is settled. The amount of time that your nursing home abuse case will take is dependent upon the specific characteristics of your case. If your case is more complicated and involves more severe injuries, then it is likely that it will take a longer amount of time to settle. If your loved one is still receiving medical treatment for their injuries, then the settlement process cannot begin. Once they are done receiving treatment, then your nursing home abuse will start to be settled. For a more in-depth explanation of how the settlement process works for a nursing home abuse case, contact a South Carolina nursing home abuse attorney today at 1-888-690-0211.
How long do I have to file a nursing home abuse claim in South Carolina?
In South Carolina, the Statute of Limitations for a personal injury claim, including a nursing home abuse claim, is three years from the date that your loved one was injured. While this may seem like a long time, it is best to begin your nursing home abuse claim as soon as possible. The longer that you wait to begin your claim, the harder it will be to gather evidence and details that will help to support your case. Often, the initial consultation with a nursing home abuse attorney is free of charge, which means that you have nothing to lose by seeking the advice of an attorney as soon as you can. To speak with a nursing home abuse attorney today, call 843-297-8485.
What are some signs of nursing home abuse?
Since your loved one may not be able to communicate to you that they are experiencing abuse in their nursing home, there are warning signs that you should look for that could indicate abuse. Signs of physical abuse can be bedsores, unexplained injuries, and stained or soiled clothing. A change in your loved one's behavior can also be an indicator of nursing home abuse. Also, you should be suspicious if the staff does not let you see your loved one at a certain time or does not allow you to be alone with them. Another sign of abuse is if you notice that there are changes in your loved one's finances or if some of their belongings are missing.
Click here for a more detailed description of the warning signs of nursing home abuse, or contact us today at 1-888-690-0211 so that we can help answer any questions that you may have about nursing home abuse cases.
What should I do after I file a complaint against a South Carolina nursing home for abuse?
Once you file a complaint against a South Carolina nursing home, you may be worried about what will happen to your elder who is living in the nursing home. Although the Omnibus Adult Protection Act was put in place to prevent the elder from experiencing further abuse, it is usually recommended that you try to find a different nursing home for them to live in during the time that you are pursuing a nursing home abuse case. In the meantime, your South Carolina nursing home abuse attorney will collect evidence and an investigation will take place in order to file your nursing home abuse claim.
What is the Omnibus Adult Protection Act?
The Omnibus Adult Protection Act was created in order to protect elders living in nursing homes or assisted living facilities against abuse and neglect. The act describes the elements that are prohibited in nursing homes under law. These include physical or psychological abuse, negligence, and exploitation. Physical or psychological abuse can be the most devastating for both the victim and their family. Financial exploitation often occurs in nursing homes that are understaffed or where the staff is under-paid.
View our article on the Omnibus Adult Protection Act to find out if the symptoms that your loved one is experiencing in their nursing home is in violation of the act. If you plan to pursue a nursing home abuse case, call 832-277-6061 to set up a free consultation with a nursing home abuse lawyer.
How do I know if a loved one is being abused or neglected at a nursing home?
If someone you know is living in a nursing home or assisted living facility and has told you that they have been abused, then you should take note of some signs that would indicate abuse. For example, if there is bruising or scrapes, you should consider reporting the abuse. Your loved one may have been moved in an improper or negligent manner that would cause these injuries. Also take note if they have been treated for falls or any other medical problems, as well as if they are dehydrated.