Despite most nursing homes maintaining high standards of care, there are distressing instances where residents fall prey to various forms of abuse. Your Myrtle Beach personal injury lawyer from Shelly Leeke Law Firm possesses expertise, an understanding of the relevant laws, and a deep empathy towards their clients, making us an essential ally during these challenging times. When you are ready to demand justice for your abused relative, contact a respected Myrtle Beach nursing home abuse lawyer at our firm with decades of legal experience for a free consultation.
Recognizing the Signs of Nursing Home Abuse
Abuse in nursing homes can take multiple forms, according to the U.S. Department of Justice (DOJ). These might include physical, emotional, sexual, and financial abuse, as well as neglect. Each form has distinct signs that family members and friends need to stay alert for, including the following:
- Physical abuse: Indicators include unexplained bruises, fractures, cuts, or burns that might suggest violent encounters. Signs may also manifest as sudden weight loss, medication errors suggestive of deliberate overdosing or underdosing, or unanticipated usage of physical restraints.
- Emotional abuse: Indicators may be subtle but equally damaging. Sudden changes in behavior, emotional withdrawal, unexplained fear or agitation, depression, and anxiety can indicate psychological torment.
- Sexual abuse: Indicators can involve unexplained genital injuries or sexually transmitted infections. You may also notice sudden behavioral or mood changes that hint at a traumatic experience.
- Financial abuse: Indicators include unusual bank account activities that do not align with the resident’s typical spending habits, sudden changes in financial situations indicating possible theft or fraud, missing personal belongings, or unauthorized usage of the resident’s funds.
- Neglect: Indicators are often overlooked but constitute a severe form of abuse. These can include poor personal hygiene due to inadequate care, untreated medical conditions showing neglect of health needs, malnutrition or dehydration indicating a lack of proper feeding, or unsanitary living conditions disregarding the resident’s environment.
Nursing home abuse often continues to occur because there are so many different types of abuse and neglect. Nursing home staff and abusers may be able to hide their negligent and wrongful actions by claiming your loved one has a medical condition that caused their injuries, dehydration, or malnutrition. If you have concerns your loved one is experiencing abuse or neglect, do not hesitate to contact a skilled nursing home abuse lawyer in Myrtle Beach for help and legal guidance.
Steps to Take When Suspecting Nursing Home Abuse
If you suspect your loved one is a victim of nursing home abuse, it is crucial to take prompt action. It is up to you to safeguard your family member’s future. The following steps are essential:
Document Details
Document every detail of your suspicion, including any visible signs, incidents, conversations, or observations related to potential abuse. Maintaining a comprehensive record is crucial for future investigations and legal proceedings. Communicate your concerns with the nursing home staff, ranging from the caregiver in question to the director of nursing or the administration, and request that they conduct a comprehensive internal investigation.
Report Concerns to Authorities
Report your concerns to the relevant authorities. This could be the Myrtle Beach Police Department or Adult Protective Services. They can provide additional resources and assistance in handling the situation.
Seek Medical Attention
Seek immediate medical attention if there are any visible injuries. A healthcare professional can evaluate and document these injuries, providing essential evidence if a legal case arises. Contact a psychologist or counselor or request a referral as well so you can help your loved one cope with the trauma of the abuse.
Speak to an Attorney
Consider involving a nursing home abuse advocate in Myrtle Beach who specializes in nursing home abuse cases. We can provide valuable insight into your legal rights and potential courses of action. We are not afraid to go up against nursing homes, assisted living facilities, or their parent companies.
The Claims Process
The legal process for filing a claim for nursing home abuse can be intricate. It is crucial to understand the steps involved. While your loved one focuses on recuperating, your legal advocate will be:
Collecting Evidence
Collecting evidence is the first step. We need to gather all relevant documentation, such as medical records, photographs of injuries or poor conditions, witness statements, and incident reports from the nursing home. We will be prepared to present this evidence in support of your case at trial and in negotiations with the insurance company.
Filing a Formal Complaint
File a formal complaint with the appropriate regulatory body. This would be the South Carolina Department of Health and Environmental Control for Myrtle Beach residents. These agencies have the authority to conduct their investigations, issue citations, and potentially shut them down if circumstances warrant such action.
What to Expect When Working with a Nursing Home Abuse Attorney in Myrtle Beach
Obtain legal representation from a nursing home abuse law firm. We can provide crucial guidance through legal proceedings, help protect your loved one’s rights, and advocate for justice. Your nursing home abuse attorney in Myrtle Beach will:
- Thoroughly investigate
- Gather evidence
- Interview witnesses
- Consult medical experts to build a compelling case
We will negotiate with the nursing home to reach a fair resolution or, if necessary, proceed to court for litigation. The nursing home may be covered by malpractice insurance, but that may not fully cover your loved one’s damages. Going to trial may be your best chance to maximize the compensation recovered.
Compensation for Nursing Home Abuse
Victims of nursing home abuse and their family members may be entitled to compensation when nursing homes allow or perpetuate abuse and neglect in their facilities.
While no amount of money will change or make up for the trauma your relative endured, accessing the financial support you are entitled to allows you to help your loved one move forward without financial worry. Here are some of the most commonly awarded compensatory damages in nursing home abuse lawsuits and insurance claims.
Economic Damages
Economic damages include every financial loss related to the abuse your family member suffered. These are the easiest to quantify as they are tangible and verifiable with financial records and documentation. Some examples of damages victims of nursing home abuse may receive compensation for include:
- Mental health counseling costs
- Hospital bills and prescription medications
- Co-pays and out-of-pocket medical expenses
- Ongoing treatment related to the abuse
- Relocation expenses
- Reimbursement for stolen money
- Medical devices and equipment
- Loss of income by theft
- Future medical treatment related to the abuse or neglect
Non-Economic Damages
Not all damages are financial. In fact, non-economic damages are intangible and entirely subjective, as described by the South Carolina Noneconomic Damage Awards Act of 2005. Some examples of the losses that are most difficult to quantify include:
- Chronic physical pain
- Suffering caused by the injuries the victim sustained
- Emotional trauma and mental anguish
- Diminished quality of life
- Loss of consortium
- Loss of enjoyment of life
- Disfigurement, permanent disability, or skin scarring
- Feelings of embarrassment, indignity, or shame
Punitive Damages
Punitive damages may also be awarded to punish the nursing home for negligence or intentional harm under South Carolina Code §15-32-530. However, punitive damages are not awarded in every nursing home abuse or personal injury claim. For punitive damages to apply, the defendant’s actions must be considered intentionally malicious or egregious.
This means punitive damages may be possible in your nursing home abuse lawsuit. This is particularly true if the nursing home facility has received repeated complaints regarding suspected abuse or neglect and failed to take action. You can find out whether punitive damages may be awarded in your case when you discuss the value of your lawsuit with your legal advocate at Shelly Leeke Law Firm.
Wrongful Death
If the abuse resulted in the resident’s death, the bereaved family could seek wrongful death compensation under South Carolina Code §15-51-10. This form of compensation generally covers funeral expenses. It also recognizes the profound personal loss suffered by the family, aiming to provide some degree of solace through financial support.
The legal remedies available to victims of nursing home abuse and their families are multi-faceted. They aim to provide financial relief and justice, acknowledging the physical, emotional, and financial toll these distressing experiences can take. Always consult a knowledgeable legal advocate to fully understand and explore these options.
Qualities to Look for in an Attorney
Selecting the right attorney to handle a nursing home abuse case is vital. You need a legal representative on your side who you trust to bring your loved one’s abuser and other liable parties to justice. The following qualities should be considered.
Experience and Compassion
Experience in handling nursing home abuse cases is crucial. They should have a solid track record and a deep understanding of elder law. A compassionate attorney is invaluable, and they should empathize with your abused relative and family, understanding the emotional toll involved.
Extensive Resources and Communication Skills
Ensure the attorney has sufficient resources to handle the case. They should have access to medical experts, investigators, and the resources necessary to build a compelling case. An attorney who communicates effectively and regularly will keep you informed throughout the process and promptly answer any questions you might have.
Excellent Feedback from Clients
Consider client testimonials and reviews when evaluating potential legal advocates. These can provide insight into the attorney’s reputation, success in similar cases, and their level of client satisfaction. If other injury victims trust in a prospective law firm, you may feel more confident in choosing them to be your legal advocate.
Myrtle Beach Nursing Home Abuse FAQ
When you suspect or discover your loved one is being abused in their nursing home facility, you may feel enraged and ready to take action. But you have no idea where to start. First, check out this quick FAQ that delves into some of the most essential information you will need to know about moving forward with your insurance and civil claims.
If you have additional questions, contact Shelly Leeke Law Firm. You can request a free consultation to explore your legal options further. We may not cover everything you need to know on this page, but we are here and ready to answer your most pressing questions and concerns.
How Long do I Have to File My Nursing Home Abuse Claim?
Your nursing home abuse lawsuit must be filed in accordance with the personal injury statute of limitations under the South Carolina Code of Laws §15-3-530. Here, you generally have up to three years from the date the abuse was discovered to file your lawsuit. With nursing home abuse claims, the deadline may not be as clear.
Victims of nursing home abuse may not be cognizant or have the mental capacity to let you know when the abuse first began and when the last incident of abuse occurred. For this reason, it is imperative to get a legal advocate on your side. If the statute of limitations deadline passes and your claim has not been filed, pursuing your case at trial may be extremely difficult.
Will the Abuser Face Criminal Charges?
It is difficult to say whether your loved one’s abuser will be charged criminally. As part of the reporting process, we will ensure the Myrtle Beach Police Department is notified so they can determine whether they should open up an official criminal investigation. However, in instances of every type of nursing home abuse and neglect, there is the possibility for criminal charges.
For example, if your family member’s nurse stole from them, they could face theft charges under South Carolina Code §16-13-330. If your loved one was being physically or sexually abused, sexual assault, rape, assault and battery, or other related charges may apply. If your loved one ultimately passes away due to the abuse they endured, the abuser and other liable parties may find themselves facing criminal charges for manslaughter or homicide under South Carolina Code §16-3-20.
Who Can Be Sued for Nursing Home Abuse?
Nearly anyone who was responsible for your loved one’s safety and well-being could be sued for nursing home abuse. This does not only include the individual who abused your family member. Some of the other parties who may be named in a nursing home abuse lawsuit include:
- Nurses
- Nursing assistants
- Doctors
- Nursing home administrators
- Janitorial staff
- Kitchen staff
- Other relevant medical professionals
You may also be able to file a claim against other nursing home residents who are found to have abused your relative. Additionally, filing a claim against the nursing home facility and its parent company may be in your best interests. Often, nursing home facilities are understaffed and lack sufficient resources to prevent neglect and abuse, which leaves them open to liability when abuse or neglect occurs.
What does It Cost to Hire a Nursing Home Abuse Attorney in Myrtle Beach?
You do not have to pay anything out of pocket to hire a nursing home abuse lawyer in Myrtle Beach. When you have Shelly Leeke Law Firm working on your case, we work for you on a contingency agreement per South Carolina Judicial Branch Rule 1.5: Fees. This means there is no retainer, hourly rate, or money down.
We cover every expense related to pursuing your case as well. If we win, a percentage of the settlement will cover our attorney’s fees, but you will not pay anything if we lose. It is our goal to make it possible for any family to demand justice without regard to cost in nursing home abuse and personal injury claims.
Is Nursing Home Abuse Medical Malpractice?
Yes, nursing home abuse could be considered medical malpractice. Healthcare providers are legally obligated to maintain the medical standard of care described by The National Library of Medicine. When any healthcare provider makes a mistake or decision that another provider would not have made, this could be considered a breach of the standard of care.
Nursing home abuse goes beyond simple medical mistakes. Since nursing home abuse may be considered malpractice, the liable parties may be protected with malpractice insurance coverage. We may be able to recover a portion of your damages through the insurance company and seek any remaining losses through a nursing home abuse lawsuit.
Connect with a Myrtle Beach Nursing Home Abuse Attorney Today
A Myrtle Beach nursing home abuse attorney from Shelly Leeke Law Firm is pivotal in addressing instances of nursing home abuse. Our legal experience and ability to empathetically guide victims and their families through the process is invaluable. Contact us today so we can help you with your case.
