Usually, families don’t have any choice but to place their elderly loved ones in a nursing home. Most often, this is the case for older people that need around-the-clock care and are facing some mental or physical conditions. Nursing homes are established to keep the elderly healthy and safe. Therefore, when families put their elderly in such a facility, they are doing so with trust in their hearts towards it. If something does go wrong, a Sumter nursing home abuse lawyer is here, so call us right away.
Sadly, there have been reports of individuals being seriously harmed, injured, or dying in nursing homes. A lot of incidents are tracked back to nursing home abuse in Sumter. APS, or Adult Protective Services estimates elder abuse victim cases rising each year.
Abuse in a nursing home occurs when elderly residents undergo harm or negligence while living in a nursing home. This negligence and abuse can pave a way towards serious health issues, illnesses, mental problems, and even death. According to the NCEA, elderly people over the age make up about 15% of the population. Of those 15%, it is likely that some of them have dementia. A study in 2009 showed 50% of people with dementia experience some kind of abuse. This needs to stop, and our attorney can help fight for the injustices you or a family member has faced.
Why Marc Brown Law Firm?
Choosing the right Sumter injury victim attorney is important in nursing home abuse cases. Here is why a Sumter nursing home abuse lawyer from Marc Brown Law Firm is the right choice:
- Specialized Expertise: Marc Brown Law Firm focuses exclusively on injury law, bringing a high level of expertise and dedication to each case. Marc Brown has extensive experience handling nursing home abuse cases and understands the unique challenges and nuances involved.
- Personalized Attention: At Marc Brown Law Firm, clients receive personalized and attentive legal representation. Unlike larger law firms where a case can become just another file, Marc Brown ensures that every client gets the attention and care they deserve. This approach allows for a more thorough and compassionate handling of each case.
- Aggressive Advocacy: Marc Brown Law Firm is known for its aggressive advocacy. The firm prepares each case as if it is going to trial, which not only increases the potential value of the case but also demonstrates a commitment to fighting for your rights. This thorough preparation often leads to more favorable settlements.
- Experience with Both Sides: Prior to founding his own law firm, Marc Brown worked for a national law firm defending large corporations and insurance companies. This unique experience provides him with insider knowledge of how insurance companies evaluate and handle claims, which is invaluable in building a strong case for his clients.
- No Fee Unless You Win: One of the standout features of Marc Brown Law Firm is its commitment to client satisfaction and financial accessibility. Our law firm operates on a contingency fee basis, meaning you do not pay any fees unless we win compensation for you. This policy ensures that all of our clients, regardless of their financial situation, can access top-notch legal representation.
- Community Commitment: Marc Brown Law Firm is deeply committed to the communities of Sumter, Orangeburg, and the broader South Carolina and Georgia regions. Our law firm’s local presence and understanding of regional issues make it a trusted advocate for residents in these areas.
- Big Firm Resources, Small Firm Feel: Despite being a boutique law firm, Marc Brown Law Firm offers the resources and capabilities of a much larger law firm. This combination ensures our clients receive the best of both worlds: comprehensive resources and a personalized approach.
If you or a loved one is facing nursing home abuse in Sumter, Marc Brown Law Firm can provide the expertise, dedication, and compassionate representation needed to seek justice and ensure safety.
Types of Nursing Home Abuse
There are three types of nursing home abuse (neglect is actually the fifth type but will be covered separately below). Each type of abuse can cause significant physical, emotional, and financial harm, not only jeopardizing the victim’s joy of life, but also their life in general.
- Physical Abuse—Whether it is out of anger, frustration, or a sense of power, there is never an acceptable time for using force against a nursing home resident, who is only there because of their frail condition. Examples of physical abuse include hitting, slapping, pushing, pinching, forcing down, grabbing, unnecessary use of restraints, withholding of water or food or medication, and any other type of unnecessary, harmful physical contact.
- Psychological/Emotional Abuse—Unfortunately there is the odd cruel person working in nursing and assisted living homes who thrives on belittling or intimidating senior citizens. Examples of psychological abuse include yelling at, threatening, intimidating, mocking, making fun of, teasing, locking up, or any type of punishment or “lesson teaching.”
- Sexual Abuse—Sexual abuse occurs when nursing home staff engages in any type of sexual act with the patient. Because many nursing home patients are not mentally competent, they cannot legally give consent, meaning that even if a staff member claims that the sexual contact was consensual, it is likely that this claim is not legally sound. Examples of sexual abuse include groping, sexual assault, taking nude photos, exposing oneself to the patient, or any other type of sexual contact or act.
- Financial Abuse—Financial abuse is essentially theft. It includes taking money directly from the patient, as well as coercing them into giving “gifts,” overcharging for services or medication, withdrawing money from their bank account, stealing items from their room, etc.
Nursing Home Neglect
Neglect is the fifth type of abuse, and is the most common. Your loved one is staying at a nursing home because they require a great deal of medical care, typically at all hours of the day. This includes providing medications, IVs, help eating and drinking, assistance with cleaning, assistance getting in and out of bed, and constant monitoring. Withholding any of these critical services puts the patient at great risk, and constitutes a form of nursing home abuse. Three common examples include 1) patient falls because they were not assisted getting to the bathroom, 2) patient loses weight because they were not given enough quality food, and 3) patient develops excessive bed sores because they were not rotated frequently enough.
Defining and Recognizing Nursing Home Abuse and Neglect
Nursing home abuse is defined as the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm, or corporation.
Nursing home neglect is the failure to provide services to any person for any reason with a legal or contractual duty so when this failure presents either an imminent danger to the health, safety or welfare of the client or a substantial probability that death or serious physical harm would result.
South Carolina has surprisingly good reviews for many nursing homes in the state but that doesn’t mean abuse is obsolete. There are some signs to recognize and pay attention to when it comes to nursing home abuse. If you see sudden weight loss or dehydration. Look closely at your loved ones for wounds on the heels when they are bedridden and not being turned regularly. If their mood is changing and the activity level has decreased it could mean the proper medications are not being administered. Also seeing unexplained bruises or multiple falls could be a sign of neglect or abuse.
Being a compassionate and friendly firm, we at Marc Brown Law Firm care deeply for everyone. We believe that every individual has the right to be treated fairly and given all their legal rights. It is essential to us that everyone living in this world is safe and healthy. In case of someone being violated of their legal rights, causing them some injury, financial issues, physical accidents, or any problems, we want to be of service and help them collect the compensation they deserve.
Even though there are a lot of competent and knowledgeable attorneys working at the Mark Brown Law Firm, the main face and representation of an excellent Sumter nursing home abuse lawyer is Marc Brown. He is a highly skilled and experienced lawyer who works hard for his clients. Marc Brown formerly gained his experience at a national firm defending corporate organizations. Therefore, his understanding of the cases and ways to fight for his clients is applauding. Marc Brown cares deeply for all his clients and wants to help them every way possible.
The Legal Framework and Rights of Nursing Home Residents in South Carolina
One of the cornerstone protections for nursing home residents in the United States is the Nursing Home Reform Act of 1987, which was enacted to ensure that residents receive the highest quality of care and that their rights are protected. The Act mandates comprehensive standards for nursing home care, emphasizing the importance of residents’ physical, mental, and psychosocial well-being.
Key provisions of the Nursing Home Reform Act include:
- The right to be free from physical or mental abuse, corporal punishment, and involuntary seclusion.
- The right to accommodation of medical, physical, psychological, and social needs.
- The right to participate in their own care plan, including the right to refuse treatment.
- The right to privacy and confidentiality.
- The right to voice grievances without discrimination or reprisal.
The Centers for Medicare & Medicaid Services (CMS) is responsible for enforcing these standards, conducting regular inspections, and investigating complaints against nursing homes that receive federal funding.
In addition to federal protections under the Nursing Home Reform Act, South Carolina has its own laws to safeguard nursing home residents. The Omnibus Adult Protection Act (S.C. Code Ann. § 43-35-5 et seq.) is an important state statute that provides comprehensive protection for vulnerable adults, including those in nursing homes.
Key aspects of the Omnibus Adult Protection Act include:
- Mandatory reporting requirements for suspected abuse, neglect, or exploitation of vulnerable adults.
- The establishment of the Adult Protection Coordinating Council to oversee and coordinate efforts to prevent and address abuse.
- Provisions for emergency protective custody and services for abused or neglected adults.
- Legal penalties for those who commit abuse, neglect, or exploitation, as well as for those who fail to report it.
South Carolina’s Department of Health and Environmental Control (DHEC) also plays a vital role in regulating nursing homes, ensuring compliance with state and federal regulations, and conducting inspections and investigations.
Legal Recourse and Compensation For Victims of Nursing Home Abuse
When pursuing legal recourse for nursing home abuse, there are several types of claims that can be filed depending on the specifics of the abuse:
- Personal Injury Claims: These claims are filed on behalf of the resident who has suffered physical or emotional harm due to abuse or neglect. Personal injury claims can seek compensation for medical expenses, pain and suffering, and other related damages.
- Wrongful Death Claims: If nursing home abuse results in the death of a resident, the surviving family members can file a wrongful death claim for victims of wrongful death in Sumter. This type of claim seeks to compensate for funeral expenses, loss of companionship, and the emotional distress caused by the resident’s death.
- Breach of Contract Claims: Nursing homes enter into contracts with residents and their families, agreeing to provide a certain standard of care. If the nursing home fails to meet these obligations, a breach of contract claim can be filed.
- Negligence Claims: These claims argue that the nursing home failed to provide the standard of care required, resulting in harm to the resident. Negligence claims can cover various forms of neglect, including failure to provide adequate medical care, food, or supervision.
Types of Compensation that May be Recovered
Victims of nursing home abuse and their families may be entitled to various types of compensation:
- Medical Expenses: This includes the cost of any medical treatment needed as a result of the abuse, such as hospitalization, surgery, medication, and ongoing therapy.
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the abuse. This can include anxiety, depression, and loss of enjoyment of life.
- Relocation Costs: If the resident needs to be moved to a new facility due to the abuse, compensation can cover the cost of relocation, including moving expenses and the difference in the cost of care.
- Punitive Damages: In cases of egregious abuse or neglect, punitive damages may be awarded. These are intended to punish the
wrongdoers and deter similar conduct in the future. - Loss of Companionship: In wrongful death claims, family members may receive compensation for the loss of companionship, love, and support that the deceased resident provided.
- Legal Fees: Compensation can also cover the cost of hiring a lawyer and other legal expenses incurred during the lawsuit.
Seeking legal recourse and appropriate compensation not only helps the victim recover and move forward but also holds the responsible parties accountable and helps prevent future abuse.
Steps to Take if You Suspect Abuse Nursing Home Abuse
If you suspect that a loved one is experiencing abuse in a nursing home, taking immediate action is important to ensure their safety and well-being. Here are the steps to follow:
- Ensure the Resident’s Immediate Safety: The first priority is to ensure the immediate safety of the resident. This may involve moving them to a different facility or a safer part of the nursing home. In cases of severe abuse, it might be necessary to hospitalize the resident for medical treatment.
- Contact the Authorities: Report the suspected abuse to local law enforcement. In South Carolina, you can contact the local police department or sheriff’s office to initiate a criminal investigation if immediate danger is present.
- Notify the Nursing Home Administration: Inform the nursing home administration about your concerns. They are required to investigate and take appropriate action. Request written documentation of your report and their response.
Taking legal action is also an essential step in addressing and preventing further abuse. Here is how you can proceed:
- Report to South Carolina’s Department of Health and Environmental Control (DHEC): File a complaint with DHEC, which oversees the regulation of nursing homes in South Carolina. They will conduct an investigation into your claims. You can file a complaint online or by calling the DHEC hotline.
- Contact Adult Protective Services (APS): APS can provide immediate assistance and investigate allegations of abuse, neglect, or exploitation. They can also offer services to protect the vulnerable adult.
- Consult with a Nursing Home Abuse Lawyer: Seek legal advice from an experienced Sumter nursing home abuse lawyer. They can guide you through the process of filing a civil lawsuit against the nursing home or individual perpetrators. Your lawyer will help gather evidence, interview witnesses, and build a strong case to seek justice and compensation for the victim.
Taking these steps can help ensure that the abuse is thoroughly investigated, the perpetrators are held accountable, and the victim receives the necessary support and compensation.
What Can a Lawyer Do for You?
Abuse in a nursing home causes suffering for the residents and their families both. The victim could have faced injuries that need medical attention. People that trusted a nursing home to take care of their elderly loved one would be emotionally distressed. No matter what your financial situations, maybe, you have to seek justice. A nursing home abuse lawyer in Sumter can help you collect statements, records, and documents that are required to strengthen your case. Through a legal calm, lawyers help the family receive financial compensation
Most importantly, attorneys hold the abusers accountable. It is essential to keep the people responsible for their actions so that it makes them realize and another family might not have to suffer the way you did. Generally, not all lawyers would have the experience or resources to handle your case correctly, with efficiency. You need to hire such a firm that knows how to handle these cases the right way, so you seek the justice you deserve.
Marc Brown from the Marc Brown Law Firm is an experienced and professional lawyer and can help you win your case and seek justice for you.
Let Our Sumter Nursing Home Abuse Attorneys Fight For You!
No one should ever become victim to nursing home abuse. We understand how important loved ones mean to you. If you or your elderly loved one has faced any nursing home abuse in Sumter, contact us and book your free appointment. We will satisfy you with our results by winning your case with full consideration and concentration.