Columbia, SC Nursing Home Abuse Attorney

When our elderly family members can no longer care for themselves, we entrust them to the care of nursing homes and long-term care facilities. In these residential communities, we expect that our loved one’s medical needs are taken care of while the facility provides recreational activities proportional to the residents’ limitations. What we do not anticipate is that our loved ones will become victims of abuse.

Unfortunately, nursing home abuse exists. Residents are subjected to neglect as well as physical, sexual, and financial abuse. Because many victims suffer from cognitive issues or are unable to report the abuse, it falls on their loved ones to be aware of the signs of abuse. If you believe your elderly family member is a victim of abuse, call Burriss & Ridgeway immediately.

Our South Carolina nursing home abuse lawyers have the experience and resources to hold abusers liable for the harm they cause. Contact Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free review of your case.

Nursing Home Neglect Statistics

It is unthinkable that the staff of a long-term care facility might not properly care for all of their residents. Neglect is more common than abuse. But it can be dangerous and even deadly. Many legal claims involve a combination of neglect and abuse.

According to the Nursing Home Abuse Center, 1 in 5 emergency room visits among nursing home residents was attributed to abuse or neglect in a 2019 report from the Office of Inspector General. Additionally, 24% of nursing home residents reported that a staff member physically abused them in a 2012 study conducted by Michigan State University. On top of that, the WHO estimates that just 1 out of 24 elder abuse cases gets reported.

According to the National Center for Elder Abuse, the National Ombudsman Reporting System (NORS) data, in 2014, there were 14,258 complaints involving abuse, gross neglect, or exploitation. Victims of elder abuse are 3 times more likely to be admitted to the hospital. The data also shows that adverse events at nursing homes (resulting largely from inadequate treatment, care, and understaffing) lead to preventable harm and $2.8 billion per year in Medicare hospital costs alone. Elders who experienced abuse, even modest abuse, had a 300% higher risk of death.

Elder abuse often goes unreported. Senior adults who can communicate are often afraid that if they report a staff member’s neglect or abuse, the staff member may retaliate against them. Other senior adults don’t report incidents because they are physically or mentally unable to communicate to report the problems.

This is a very vulnerable population that needs to be protected. That is why it is so important to report local nursing home abuse if you become aware of it. Elder neglect and abuse often require an experienced nursing home abuse lawyer to step in to make sure that injured senior adults are adequately protected and compensated for any neglect, abuse, or criminal actions.

Damages Available in Columbia, SC Nursing Home Abuse Cases

Damages in nursing home abuse cases might be worth much more than you think. While there are certainly immediate expenses to consider we must also think of long-term costs that extend beyond the duration of the case. Not only that, but your loved one likely experienced some serious mental, emotional, and psychological trauma, which warrants compensation, too. Your attorney can help you determine the true extent of the damages and figure out what your family’s claims are worth.

Economic Damages

The monetary costs of nursing home abuse may be substantial, and many families are unprepared for the sudden financial burden. One of the biggest expenses to deal with is medical care. After discovering the abuse, it is crucial that you get your loved one to a doctor for evaluation. They can not only treat new injuries, but they might uncover old injuries that were never reported or treated. As such, medical care for nursing home abuse victims may be extensive and costly.

Our nursing home abuse lawyers must also think about the cost of placing your loved one in a new home or paying for private care in your own home. Unfortunately, many people select a nursing home based mostly on what they can afford rather than the quality of care. You might be unable to afford a new nursing home or private care without getting fair compensation from the defendant.

What about your loved one’s property? It is not unusual for abusers to steal or even destroy the property of their victims. This might include valuables like jewelry, wedding rings, watches, or other personal items. Go through your loved one’s possessions to figure out if anything is missing. If it is, we should consider adding it to our economic damages calculations.

Non-Economic Damages

Non-economic damages are usually unrelated to financial costs, but they may still take a significant toll on your loved one and other family members. Rather than prove these damages through evidence of costs (e.g., receipts, bills, invoices), we may prove them through things like testimony about how the abuse has affected your loved one’s life.

Emotional and psychological distress are major factors in non-economic damages claims in nursing home abuse cases. Abuse is a hard thing for anyone to endure for even a short amount of time. Many victims are left with deep psychological scars. In nursing home cases, victims are often trapped with abusers because they cannot leave the nursing home on their own. This only adds to the trauma.

We should also think about how your loved one’s injuries have impacted them. Between the injuries themselves and the necessary medical care, your loved one might be in a lot of pain. Pain can be very tough to deal with, especially if the victim is already in poor health. Severe or long-term pain may wear on your loved one psychologically and prevent them from doing things they used to love. In short, pain may reduce their overall quality of life.

Punitive Damages

In less typical cases, courts may award punitive damages as a way of punishing defendants who exhibit extremely bad behavior. According to S.C. Code Ann. § 15-32-520(D), we must prove by “clear and convincing evidence” that the defendant caused your injuries by acting in a way that was wanton, willful, or reckless. Since abuse is often a purposeful act, we might be able to prove that the abuser willfully caused your loved one’s injuries. Additionally, our nursing home abuse lawyers might prove that the home was reckless in not removing staff members known to be abusive.

While punitive damages can be quite valuable and worth substantial financial compensation, they are not without limitations. Limits on punitive damages are described under § 15-32-530(A). An award for punitive damages may not be more than 3 times the value of the plaintiff’s compensatory damages or $500,000, whichever amount is greater.

According to subsection (C) of this law, the cap on punitive damages may be removed, but only under one of the following specific conditions. First, the defendant must have intended to cause harm, and their conduct did indeed cause harm to the plaintiff. Second, the defendant caused the accident while under the influence of alcohol or drugs other than lawfully prescribed medication. Third, the defendant has been found guilty or pled guilty to a felony arising out of the same conduct that caused the plaintiff’s injuries.

What Other Nursing Home Abuse Cases in Columbia, SC Have Been Worth

The ultimate value of financial compensation awarded in a nursing home abuse case may depend on various factors. Generally, the severity of the injuries, cost of medical care, emotional damages to the victim, and actions (or lack thereof) of the nursing home staff tend to be key factors. The exact value of a specific settlement is often difficult to say because many settlements come with non-disclosure agreements, and the settlement terms remain private. However, we do have an understanding of what nursing home abuse cases might be worth.

As with any case, the value of a settlement or verdict in a nursing home abuse case will vary based on the unique circumstances. Some cases result in damages worth several tens of thousands of dollars, and these are often for somewhat less severe injuries. For example, a slip and fall injury in a nursing home might be worth around $50,000 or more. The damages only go up as the injuries get worse and abuse is present.

Abuse cases might be valued at several hundred thousand dollars, especially if the abuse appears malicious and happens over a longer period. If the victim passes away because of their injuries, the case might be worth even more. It is not unheard of for such cases to reach several million dollars.

Types of Nursing Home Neglect in Columbia, SC

There are so many potential types of abuse and neglect that it is difficult to list them all. The basic forms of neglect a victim in a nursing home may experience often involve basic physical needs going unmet by the staff who was entrusted to care for the resident.

Malnutrition

A care facility has a legal obligation to provide its residents with appropriate food and water. If family members notice that a loved one looks emaciated, dehydrated, or malnourished, it is important to investigate.

If a loved one has no appetite and refuses to eat or drink what staff members bring, there may be a medical problem, allergy, or another issue that needs to be addressed. But there should never be a time that the staff just doesn’t bring meals and water or other beverages.

Lack of Adequate Shelter

A care facility is responsible for providing a building that provides protection from the cold, heat, and inclement weather. There shouldn’t be gaping holes in the roof or the walls. Rain and wind shouldn’t be coming through the room. There shouldn’t be black mold in the building or a flood of water on the floor. The facility should be well-constructed and safe.

Lack of Proper Hygiene

This is one of the most common neglect issues. Residents deserve to have baths frequently if they can’t bathe or shower themselves. Bedridden patients need to be turned every few hours to prevent bedsores. If people suffer from incontinence and have to have adult diapers or bed chucks, they should be changed often and not have to lay there developing rashes and sores.

Inadequate Medical Care

Patients should be given their medication on time, and it should be the correct medication. They should receive proper medical attention if they are sick or injured. If a resident has a bedsore, the staff should clean and dress the area, and if it becomes infected, the older person should have access to hospital treatment, doctors, and appropriate medications.

Inadequate Supervision

Sometimes, staff members don’t take the time to be sure that patients are safe from harm others in the facility may cause. Patients who live in skilled care facilities, assisted living facilities, or dementia units deserve to be safe from abuse from other residents, staff members, and visitors. They also deserve to have security features to prevent those with dementia from being able to wander outside into danger.

Types of Nursing Home Abuse in Columbia, SC

Abuse could be classified in many different ways, from the type of abuse to the severity of harm. Nursing home abuse is often categorized in five ways.

Financial Abuse

Nursing home residents are highly susceptible to financial abuse. Financial abuse is defined as the intentional manipulation or exploitation of a resident to gain control of their financial resources.

If a staff member (or other people in the care facility) steals money or checks from a resident, this is abusive, not to mention criminal. But it is also financial abuse to try to coerce or deceive a resident into including a staff member in the person’s will or to put the staff member’s name on a bank account and give them access to a patient’s private financial accounts. Identity theft is another form of financial abuse.

If a trusted family member is not looking out for the resident and doesn’t catch unauthorized withdrawals being made from checking or savings accounts, a lot of money can be stolen this way—even someone’s entire savings.

Some common signs of financial abuse include unexplained charges on credit cards, large cash withdrawals, and an unwillingness to discuss finances. Victims of financial abuse could have their money or possessions stolen, their signatures forged, or be coerced into signing a power of attorney.

Physical Abuse

When someone causes intentional bodily harm or trauma to a resident, it is considered physical abuse. While physical abuse could be committed against any resident, residents with cognitive disorders are the most likely victims.

Some examples of physical abuse include hitting, slapping, kicking, pushing, shoving, or restraining a resident. Sometimes, a resident will be struck with another object.

Sexual Abuse

Sadly, men and women can experience sexual abuse from staff members, other residents, or visitors. Women and patients with dementia are the most likely to be sexually abused.

Residents do have the right to consensual sexual activity. However, some residents are not mentally or physically able to give consent, and all residents deserve protection from predators and unwanted sexual contact.

Sexual abuse includes unwanted sexual touching (of the breasts or genitals), unwanted sexual contact (vaginal, oral, or anal sex), or rape. It can also include someone videoing a resident who is not clothed or forcing a resident to be naked. Sexual abuse can include forcing a resident to watch someone commit a lewd act or pornography.

Warning signs of sexual abuse include physical like bruises or bleeding around the genital area, broken pelvic bones, unexplained genital infections or new STDS, bloody or torn undergarments, or new problems with sitting or walking.

It is important to note that sexual abuse is often more than just physical. Victims also suffer emotional and psychological damage. Emotional warning signs of sexual abuse include depression, anxiety, suicidal ideation, suicide attempts, sudden changes in personality, nightmares, or extreme fear of a certain person or situation.

Psychological or Emotional Abuse

If a staff member (or other resident or visitor) speaks to a resident in a way that causes that person to feel afraid, intimidated, threatened, or distressed, this is likely verbal abuse.

Verbal abuse includes yelling, threats, intimidation, cussing, using vulgar language, name-calling, insults, blaming, patronizing, or scolding. These are unhealthy and dysfunctional ways to communicate that erode trust and a resident’s sense of safety. It can cause long-lasting emotional and psychological harm and even a weakened immune system that can lead to infections.

Warning signs of verbal/emotional abuse include fear, worry, sudden weight loss, depression, anxiety, changes in personality, and insomnia.

Neglect

If a staff member (or other resident or visitor) speaks to a resident in a way that causes that person to feel afraid, intimidated, threatened, or distressed, this is likely verbal abuse.

Verbal abuse includes yelling, threats, intimidation, cussing, using vulgar language, name-calling, insults, blaming, patronizing, or scolding. These are unhealthy and dysfunctional ways to communicate that erode trust and a resident’s sense of safety. It can cause long-lasting emotional and psychological harm and even a weakened immune system that can lead to infections.

Warning signs of verbal/emotional abuse include fear, worry, sudden weight loss, depression, anxiety, changes in personality, and insomnia.

Who Commits Nursing Home Abuse in Columbia, South Carolina

To combat nursing home abuse, a loved one or family member must be aware of the signs of abuse. Additionally, they must know who the potential abusers are in a long-term care facility.

The Facility Staff

In most cases, nursing home abuse is committed by the people who provide direct care and have responsibility for the well-being of your loved one. This group includes all levels of nursing home staff, such as healthcare aides, supervisors, nurses, and medical staff.

The Facility Administration

Even though the administrative staff of a nursing home does not have direct physical contact with your loved one, they are still in a position to commit abuse and neglect. Financial abuse is most prevalent among administrators who have access to your loved one’s financial records. In addition to using your loved one’s accounts and identity for financial gain, some facility administrators will also charge for unrendered services to erroneously bill your loved one’s insurance.

Nursing Home Residents

A nursing home facility has a legal obligation to provide an environment that is safe and free of violence, abuse, and harassment. This duty of care also extends to acts of abuse caused by other residents.

The nursing home staff must be aware of their residents’ conduct and interactions with one another. When a staff member witnesses abuse committed by a resident, it is their responsibility to protect the victim.

Liability for Neglect and Abuse in a Columbia, SC Nursing Home

Every care facility has a duty to protect its residents from certain kinds of harm and provide adequate care. The facility may be held responsible if we can prove that the nursing home allowed inadequate staffing, negligence in hiring, medication errors, improper training, or other breaches of legal obligations.

They can be held liable for any harm that comes to residents and would need to pay general damages and special damages to anyone who has a personal injury case against them.

Nursing home abuse and neglect are never acceptable. Residents shouldn’t have to worry about a lack of food or water or inadequate shelter in their buildings. They should never have to be afraid for their own safety or accept abuse of any kind. They should be able to trust that they will receive proper hygiene, proper medical treatment, adequate supervision, and constant safety.

We want our loved ones to enjoy their golden years in safety and good health. If someone is being neglected or abused, the resident or family members need to report the alleged neglect to authorities and may need to involve a nursing home negligence lawyer.

Reporting Nursing Home Neglect and Abuse in Columbia, SC

We have laws in the U.S. and South Carolina to protect senior adults and nursing home residents and to investigate any reports of abuse.

If you suspect that your loved one has suffered from nursing home neglect or abuse, don’t ignore it. You have the power to help protect your loved one by contacting:

• The local police
• Adult Protective Services or the Department of Social Services (DSS) in South Carolina
• The South Carolina Department of Health and Environmental Control (DHEC)
• An experienced attorney with a nursing home abuse law firm.

Our Columbia, SC Nursing Home Abuse Lawyers Offer Free Consultations

Call (803) 451-4000 to book a free case review with our nursing home abuse lawyers at Burriss Ridgeway Injury Lawyers.