Charleston Elder Abuse & Nursing Home Negligence
South Carolina has many wonderful features, but the state has developed a reputation for not protecting its older population. As our loved ones age, they should receive the best treatment and respect, but this does not always occur in nursing homes. Far too often, older South Carolinians face elder abuse and nursing home negligence.
If you or a loved one has been abused, there is no excuse for it, and you could be entitled to compensation.
Learn more about nursing home negligence and if you reside in South Carolina, call Mark Tanenbaum’s office to see how our firm can help.
What Is Elder Abuse Under South Carolina Law?
Elder abuse is a general term that is frequently used to refer to neglect, abuse, or exploitation of an older person. The state’s Omnibus Adult Protection Act defines elder abuse in the following way:
- Physical abuse refers to intentionally inflicting harm by action or inaction. It could include kicking, hitting, biting, pinching, burning, confinement, sexual assault, and improper use of medication.
- Psychological abuse is purposely harassing or threatening a nursing home resident, which leads to emotional distress.
- Neglect happens when the facility does not provide for the person’s needs, including clothing, food, medicine, shelter, and medical care.
- Exploitation usually refers to financial abuse, but state law also says that exploitation can be the misuse of funds, assets, and property, as well as the misuse of power of attorney.
Common Elder Abuse Problems In SC?
Unfortunately, South Carolina is tied with California and Rhode Island for the most complaints of elder abuse, exploitation, and negligence. This problem could be related to a dearth of resources; South Carolina is tied with three other states for the least total expenditures to prevent elder abuse.
What are Some Effects of Elder Abuse And Nursing Home Negligence?
Elder abuse and nursing home negligence can have a devastating impact on older Americans who have been entrusted to the care of a nursing home. These impacts include:
- Injuries from abuse and neglect, such as welts, bruises, cuts, broken bones, and bed sores.
- Chronic pain and soreness from abuse and neglect.
- Dehydration and malnutrition.
- Lack of sleep.
- Higher risk of mortality.
- Depression, anxiety, and emotional distress.
What Damages are Possible In Elder Abuse Cases?
If you or an older loved one has suffered abuse at a nursing home, you could be entitled to damages for physical and psychological injuries. Some compensation you could receive in South Carolina are:
- Medical costs, such as ER service, ambulance rides, hospital stays, X-rays, medications, and doctor visits.
- Costs of rehabilitation, including physical therapy, wheelchairs, canes, and walkers.
- Psychological pain and suffering related to being neglected, abused, or exploited.
- Restitution if the person was financially exploited.
In South Carolina, you could also be awarded punitive damages up to three times the compensatory damages received, or a maximum of $500,000.
Speak To Our Charleston Elder Abuse and Nursing Home Negligence Lawyers
Few things are more upsetting than realizing one of our elderly loved ones is being abused or neglected in a nursing home. It is infuriating to know that the facility to which you entrusted your loved one is violating the law. Our Charleston elder abuse and nursing home negligence lawyers will investigate your case and pay for any court costs.
If we win your case, our legal fees are paid from a percentage of your settlement or trial verdict award. Schedule a free consultation today for your premises nursing home abuse case by calling (843) 577-5100 or using our online contact form. Our Charleston elder abuse and nursing home negligence lawyers fight for injured clients in all portions of South Carolina including Charleston, Berkeley, Dorchester, and Beaufort counties.