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Allendale, SC Nursing Home Abuse Lawyer
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    Allendale, SC Nursing Home Abuse Lawyer

    People in nursing homes are often in poor health and rely on others for care. Unfortunately, nursing home residents tend to be especially vulnerable to abuse, and they may be unable to stop it on their own. If you discover your loved one has been abused, call the police and get a lawyer immediately.

    Nursing home abuse often involves unexplained injuries, changes in the victim’s personality, and changes in their overall health. Once we know about the abuse, we can report it to the police and other state agencies so they can investigate the nursing home. Once we have the evidence we need, we can sue the people who committed the abuse and the nursing home they worked for.

    Receive a private, free case evaluation from our nursing home abuse attorneys by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.

    What Are Common Signs of Abuse in a Nursing Home?

    Abuse is sometimes difficult to identify. Look out for the following common signs of abuse in your loved one’s nursing home.

    Unexplained Injuries

    When a person in a nursing home becomes injured, their families should be notified, especially if the injury is serious. If you discover old injuries on your loved one that you were never informed about, this may be cause for concern. Demand answers from the nursing home immediately.

    Recurring Injuries

    Even if the nursing home informs you about injuries to your loved one, recurring injuries may be a sign of abuse. Nursing home staff should work to prevent accidents. When they keep happening, something is wrong.

    Personality Changes

    When nursing home residents face abuse, especially long-term or repeated abuse, their personality may change. They may become withdrawn, irritable, angry, or fearful. Many victims exhibit signs of depression, anxiety, or PTSD-like symptoms.

    Decline in Overall Health

    Nursing home residents may have numerous underlying health concerns. When faced with abuse, a vulnerable person’s health may start to decline. In some cases, victims become so despondent they no longer follow their treatment plans. In others, abusers may tamper with or withhold medication or treatment.

    Gathering Evidence to Sue an Allendale, SC Nursing Home for Abuse

    Proving that your loved one was abused requires evidence. Our nursing home abuse attorneys may obtain some evidence through our own investigations, while other evidence may come from the discovery phase.

    Witness Testimony

    Did anyone else witness the abuse? If your loved one is able, they may testify about how they were abused. However, many nursing home residents live with memory or cognitive issues that prevent them from fully understanding what happened to them.

    Others might have witnessed the abuse or have experienced abuse from the same people. If so, they may provide testimony in your case.

    Medical Records

    We must have your loved one evaluated by a doctor immediately to determine if they have any untreated injuries from the abuse. Medical records may help us prove the extent and severity of the injuries, and your loved one’s doctor may testify as an expert and explain whether the injuries were likely caused by abuse.

    Nursing Home Records

    Various records the nursing home maintains may help us prove certain aspects of your claims. Records about employees, residents, treatment plans, and reported accidents or injuries may be crucial. We may obtain copies of these reports during discovery, when each side must exchange relevant evidence.

    Can You Sue Nursing Home Employees for Abuse?

    Yes. If a nursing home employee is directly responsible for the abuse or participated in the abuse with others, they can and should be included in a lawsuit. Depending on the situation, they may also face criminal charges, and your civil case might have to wait until criminal proceedings are complete. If they plead guilty or are found guilty, we can use the verdict to support your civil case.

    Can You Sue a Nursing Home if Your Loved One is Abused?

    Yes. If the nursing home administrators knew about the abuse and did nothing to stop it or otherwise failed to prevent abuse from occurring, the nursing home itself may be sued for damages.

    It is often smart to include the nursing home in a lawsuit. Individual employees might be unable to cover the costs of all your loved one’s damages. The nursing home should have more financial resources, and you stand a better chance of recovering the full extent of your damages.

    Can a Family Member Sue on Behalf of Loved One for Nursing Home Abuse?

    Yes. People living in nursing homes often have serious health issues that prevent them from taking legal action on their own behalf. Some victims might not fully realize they have been abused. In such cases, family members can ask a judge to appoint them as their loved one’s legal guardian, allowing them to file a lawsuit against the nursing home on their loved one’s behalf.

    What Economic Damages Can You Claim in a Nursing Home Abuse Lawsuit?

    Economic damages should account for the medical costs involved in treating your loved one, the expense of moving them to a new nursing home, and the cost of future medical care if the abuse caused lasting damage or complications. Talk to your attorney about all the costs your loved one and family may have incurred.

    Claiming Non-Economic Damages in a Nursing Home Abuse Case

    Non-economic damages for pain and suffering may be a major factor in your loved one’s case. Nursing home abuse often leaves victims with deep emotional scars, as they often cannot stop the abuse on their own, and they may feel completely trapped with their abuser. The pain of the abuse and the effects on their overall health may also take a steep psychological toll.

    Can You Sue for Nursing Home Abuse That Started a Long Time Ago?

    Possibly. In South Carolina, the statute of limitations for personal injuries gives plaintiffs 3 years from the date of injury to file a lawsuit. However, when lawsuits involve repeated acts of abuse, the limitation period may run from the most recent instance of abuse rather than when the abuse began. Even if the abuse started a long time ago, your loved one may still be able to file a lawsuit.

    What Happens if Criminal Charges Are Filed in Connection to Nursing Home Abuse?

    The outcome of a criminal case is not connected to your civil lawsuit. You can sue the people responsible for your loved one’s abuse, including the nursing home, regardless of whether prosecutors file criminal charges. Even if the abusers are found not guilty in criminal court, they may still be found civilly liable in civil court.

    Contact Our Nursing Home Abuse Attorneys in Allendale, SC

    Receive a private, free case evaluation from our nursing home abuse attorneys by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.

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