In the South Carolina Code of Laws, the Omnibus Adult Protection Act was created in order to prevent vulnerable adults from becoming victims of abuse, neglect and exploitation. This act does not apply solely to the elderly; anyone over eighteen years of age who are considered to be vulnerable are covered under the act. Similarly, this applies to not only adults living in nursing homes or assisted living facilities, but also private homes.
The different violations of the act are defined below:
Abuse:
This can be any form of physical or psychological abuse. Physical abuse occurs when a person intentionally causes a physical injury on a vulnerable adult. This can be the result of something the person does or fails to do. Hitting, punching, kicking, scratching and pinching are common forms of abuse. Giving a patient more medication than necessary or medication that they do not need in order to control their behavior is another form of physical abuse. Additional physical abuse can occur if a person is restrained or confined in order to alter behavior. Psychological abuse occurs when someone threatened or harasses a vulnerable adult to the point that it causes emotional distress.
Neglect:
An adult living in an assisted living or nursing home may experience neglect if they are not provided the necessary amount of care, goods, or services. Neglect does not have to occur more than once for it to be considered to be in violation of the act. However, it must be able to be proven to have caused serious injury or death for the individual.
Exploitation:
This type of violation occurs when a person forces an adult to do something that they would not normally do if they were not in a vulnerable condition. Exploitation can occur financially as well, which involves a person taking advantage of the vulnerable adult by coercing them to give the person money or assets. This can also be in the form of forcing a vulnerable adult to buy goods or services from a person for that person’s benefit.
All of these forms of abuse, neglect, and exploitation can be very devastating for the vulnerable adult. The Omnibus Adult Protection Act ensures that anyone violating this statute is dealt with accordingly. If you believe that someone may be abusing, neglecting, or exploiting a vulnerable adult, then you should contact a South Carolina nursing home abuse attorney at 1-888-690-0211 for a free consultation.
