When your family and loved ones get older and need additional help and support, nursing homes tend to be a good option. However, it is not unheard of for older adults to experience abuse and neglect in long-term nursing home facilities. For this reason, it is imperative that you protect them with help from a compassionate Greenville nursing home abuse lawyer.
You may need to take action if someone special to you has experienced mistreatment that led to injuries, illness, or emotional trauma. A Greenville personal injury lawyer from Shelly Leeke Law Firm will be determined to help you pursue compensation and the justice you and your loved one deserve. Contact our office to request a free consultation today and find out what legal options may be available to you and your family.
Statute of Limitations to File a Nursing Home Abuse Claim in Greenville
You should know the time frame to hire a nursing home abuse lawyer in Greenville and file a claim for your loved one’s injuries. The South Carolina statute of limitations states that you have three years to file any action to protect your loved one’s rights under the South Carolina Code of Laws §15-3-530. This three-year period generally begins the day that a report is filed by a resident or the day that you noticed the injuries.
Unfortunately, most victims do not report any abuse they experience in a nursing home because they fear that the abuse may worsen or that retaliation may occur. This may be a confusing, frightening time. You may not know where to turn or who to trust when your elderly family member is being abused.
However, we can promise to build the strongest case possible against the defendant and ensure they are held responsible and accountable for their misconduct. You have the right to seek compensation for your loved one’s neglect and abuse, and we will do everything in our power to ensure you get it. Call Shelly Leeke Law Firm for legal advice on this matter, and our nursing home abuse team will assist you throughout the entire process of your nursing home abuse claim.
What a Greenville Nursing Home Abuse Case Looks Like
When nursing home abuse is reported or discovered, the family may pursue a nursing home abuse lawsuit. By taking this step, they seek justice for their mistreated loved ones. Some losses that may be claimed under a nursing home abuse lawsuit include:
- Physical pain and suffering
- Medical treatment costs
- Emotional trauma and distress
- Relocation
- Mental pain and suffering
Your lawyer will most likely need to see some type of evidence to help build a strong case against the defendant. Important pieces of evidence that you may show could include photos of the injuries, witness statements, medical records, and police reports. Nursing home abuse cases can become very complex, but a professional attorney will have the knowledge and experience to overcome many legal hurdles.
We Take a Long Look at Your Case Before Filing a Claim
Before starting your case, you must make sure you have a successful nursing home abuse claim. This can become tricky as there are certain criteria that your claim will need to meet. However, if you schedule an appointment with a nursing home abuse lawyer in Greenville from Shelly Leeke Law Firm, we will investigate your claim and determine its viability.
We are fluent in the laws surrounding South Carolina nursing home abuse, including The Omnibus Adult Protection Act, Section 43-35 of the South Carolina Code. We will be by your side every step to ensure your claim is filed correctly and explain all the details going forward. Our nursing home abuse team will ensure that your case has enough merit to win either via settlement or if it were to go to a trial.
Abuse that May Occur in Nursing Homes
Nursing home abuse can occur in many different ways. The National Consumer Voice for Quality Long-Term Care states that abuse means “intentional pain or harm”. Here are a few examples of nursing home abuse:
- Punching, pinching, slapping, scratching, force-feeding, pushing, and spitting
- Ignoring, cursing, threatening, and humiliating
- Touching inappropriately and persuading others to do sexual acts
- Not providing drink, food, and baths
Types of Nursing Home Abuse Cases Our Firm Sees
Unfortunately, our law firm has litigated its fair share of nursing home abuse cases. We have seen many types of abuse happen to the elderly in a variety of ways. Some of the most common of which include the following:
- Neglect
- Physical abuse
- Sexual abuse
- Resident-to-resident abuse
- Stealing money from residents and financial abuse
Nursing homes in South Carolina must have intervention strategies and monitoring techniques to prevent any type of nursing home abuse. Sadly, many residents still sustain injuries from various forms of neglect and abuse. This leaves nursing home facilities and their parent companies open to liability should residents be subject to abuse.
How to Tell if Your Family Member Is Being Abused
If your family member, spouse, or loved one is in the nursing home, you must do regular checks to ensure there is no abuse or foul play. It may be challenging to notice abuse, but there are certain signs that indicate your loved one is potentially being abused. Below are a few indicators to look for:
- Bruises or handprints
- Cuts or sores
- Dehydration
- Malnourishment and hunger
- Withdrawn or reserved
- Fear of other residents or staff
Do not blame yourself if you overlooked your loved one’s abuse or did not notice it sooner. It is common to be unable to see any signs of nursing home abuse immediately. By hiring a nursing home abuse attorney in Greenville, you are making a big difference in your loved one’s life and other individuals who may be abuse victims at the same facility.
Greenville Nursing Home Abuse FAQ
Where Should I Report Nursing Home Abuse in Greenville?
There are several government agencies and organizations that should be notified when you suspect nursing home abuse. Some of these agencies may conduct independent investigations, while others may have the authority to move forward with criminal charges. Report nursing home abuse in Greenville to:
- The South Carolina Department of Social Services by calling 1-888-CARE4US (1-888-227-3487)
- South Carolina Adult Protective Services
- The South Carolina Department of Health and Environmental Control (DHEC)
- The South Carolina Department on Aging’s South Carolina’s Long Term Care Ombudsman
- A dedicated Greenville nursing home abuse attorney at Shelly Leeke Law Firm
- The Greenville Police Department
How Long Do We Have to Decide to File a Nursing Home Abuse Lawsuit?
The amount of time you have to file your nursing home abuse lawsuit will vary depending on the circumstances of your case. According to South Carolina personal injury laws under the South Carolina Code of Laws §15-3-530, when filing a nursing home abuse claim, you may have as few as three years from the date of the last abuse incident to get your lawsuit filed. Missing this deadline could have devastating consequences on the outcome of your case.
How Much Could We Win in a Nursing Home Abuse Lawsuit?
There is no limit to the amount you can win in a nursing home abuse or neglect lawsuit. Your abused loved one has the right to full repayment for their damages and suffering. You can assist us in determining the true value of these losses by examining the impact of their financial damages, physical injuries, and extreme emotional distress.
Additionally, punitive damages could be awarded in your nursing home abuse complaint. Typically, under South Carolina Code §15-32-530, punitive damages are only issued if the defendant’s conduct is abhorrent or intentional. Nursing home neglect and abuse could certainly be considered intentional malice and leave the opportunity for an award of punitive damages.
Schedule a Consultation with a Nursing Home Abuse Attorney in Greenville Today
Seeing your elderly family member or loved one go through any pain or suffering may be a devastating and tragic experience. You may be overwhelmed with the emotional distress of finding another trustworthy nursing home facility and the financial stress of paying for your loved one’s increasing medical bills. Your Greenville nursing home abuse attorney at Shelly Leeke Law Firm is understanding, caring, and compassionate toward concerns involving our vulnerable senior population.
We will do everything we can to ensure they receive justice for their damaging treatment. If you suspect someone you know is being abused in a nursing home, contact our legal team today. You can fill out our contact form, and we will schedule your free consultation in the coming days.
