When a family decides to place a loved one in a nursing home or assisted care facility, you trust that the facility you choose will provide your family member with the quality care they need and deserve. If the nursing home you selected has violated that trust and abused your loved one, you have the right to demand answers and seek justice.
The experienced South Carolina nursing home abuse attorneys at Stewart Law Offices want to help you and your family.
Led by Brent Stewart, a licensed member of the South Carolina Bar with more than 30 years of experience, Stewart Law Offices has been a compassionate advocate for families across York County, Greenville County, Aiken County, Richland County, the Lowcountry, and throughout South Carolina. We understand the heartbreak and anger that comes with discovering a loved one has been mistreated, and we handle each case with the sensitivity and care it deserves. When you work with us, you’ll have direct access to your attorney, ensuring open communication and personalized attention during this difficult time. Our commitment is to make you feel supported and heard, treating your family like our own as we pursue accountability and justice.
If your loved one has been the victim of any kind of abuse in a nursing home, you could be entitled to compensation. Stewart Law Offices represents victims of nursing home abuse in facilities all over South Carolina. Call us or contact us online today to schedule a free consultation and learn more about how we can help you.
Call at 866-783-9278 or contact us online to arrange your free and confidential case review.
Who Can Be Held Liable for Nursing Home Abuse & Neglect?
In many cases, the perpetrators of nursing home abuse are nursing home employees. Some cases involve third parties, such as other residents, the family members of other residents, or possibly the victim’s own family members.
When nursing home abuse is suspected, a complete investigation is usually necessary to identify the perpetrator.
Nursing homes have a responsibility to make sure their employees have submitted to the necessary background checks to ensure they can work with nursing home residents. A nursing home’s failure to take this basic preventative measure could make it liable for a victim’s medical bills, pain and suffering, and other damages due to abuse or neglect.
Even if the abuser was not an employee of the nursing home, you may still be able to hold the nursing home liable, because they failed in their duty to keep your loved one safe.
Types of Nursing Home Abuse & Neglect
There are several main categories of nursing home abuse and neglect:
Physical Abuse – Some residents may be physically assaulted by members of the nursing home staff. Residents may be physically harmed during particularly aggressive attempts to get them to comply with certain orders. The perpetrator of physical injury is often a nursing home employee, but it may be possible a third party who committed the abuse. Nursing homes have an obligation to ensure the safety of their residents when they are admitting people onto their property.
Emotional Abuse – The most common type of emotional abuse in a nursing home is verbal by nursing home staff. Some employees dehumanize residents with cruel remarks or commit other kinds of psychological injury. Victims of emotional abuse are usually much less likely to tell a loved one about their treatment out of shame or fear. Over time, the continuing abuse further leads to a more isolated state for the resident.
Sexual Abuse – Sexual abuse refers to any sexual contact without the resident’s consent, often by means of threat or force. The perpetrators are often employees, but other residents or even visitors can also commit sexual harm. When third parties commit sexual abuse, the nursing home can still be held liable for failing to keep the resident safe. Many victims are too frightened and ashamed to report the assault, sometimes thinking it was their fault. Many families do not realize what has occurred until a victim is diagnosed with an STD.
Neglect – Neglect is the least direct form of abuse, but it is still incredibly harmful. Neglect includes failing to provide the resident with food, water, healthcare, and hygiene. Neglect is often the result of employees simply not taking their jobs seriously, though it can also be malicious in nature.
Financial Abuse – Financial crimes are particularly common among nursing home residents, particularly among elderly residents who may be prone to confusion, such as those with dementia or Alzheimer’s. Financial abuse can range from stealing cash to convincing the resident to alter their will in the abuser’s favor. Family members should monitor the financial accounts of their loved ones to make sure no questionable activity is occurring.
The nursing home is responsible for keeping its residents safe, healthy, and comfortable. When they fail in this duty by allowing harm to occur, regardless of the form the abuse takes, they may be held financially responsible.
Signs of Nursing Home Neglect & Abuse
Some signs of nursing home injury are more obvious than others. Different kinds of abuse exhibit different warning signs. Look out for the following signs if you suspect your loved one may be a victim:
Physical Abuse
Broken bones
Dislocations
Sprains
Signs of restraint such as burns on ankles or wrists
Broken eyeglasses
Visible discomfort in the presence of certain staff members
Bruises or cuts without explanation
Emotional Abuse
Depression
Mood swings
Sexual Abuse
Sexually-transmitted disease diagnosis
Bruised genital areas
Neglect
Unwashed clothes and bedding
Unexplained weight loss
Dehydration
Financial Exploitation
Major purchases on a bank card
Unexplained large withdrawals
Sudden changes to wills or other estate planning documents
You should file complaints with the facility if you suspect nursing home abuse or neglectful behavior.
Elder Abuse Statistics
The Centers for Medicare & Medicaid Services’ (CMS) Nursing Home Data Compendium reports that South Carolina has 146 for-profit nursing homes, 31 non-profit nursing homes, and 11 government-owned nursing homes. Of the 188 nursing homes, the Compendium reported that 155 were dually certified for Medicaid and Medicare, while 33 facilities were Medicare only.
According to the Office of the State Long Term Care Ombudsman Program Accountability Report for Fiscal Year 2016-17, 536 nursing home complaints in 2017 were related to dignity or respect (staff attitudes), 402 were related to physical abuse, 364 were related to gross neglect, and 350 were related to accidents and improper handling. From July 1, 2016 to June 30, 2017, the Ombudsman program investigated 7,895 complaints.
A study cited in the National Center on Elder Abuse (NCEA) research brief on abuse of residents of long-term care facilities found 30 percent of adults with disabilities who used personal assistance service (PAS) for support of activities of daily living reported one or more types of mistreatment by their primary provider. According to the brief, Bureau of Justice statistics showed the age-adjusted, serious violent crime victimization rate for persons with disabilities was triple the rate for those without disabilities.
According to the NCEA, National Ombudsman Reporting System (NORS) data showed 14,258 of approximately 188,599 complaints reported to Ombudsman programs involved abuse, gross neglect, or exploitation.
How to Report Nursing Home Abuse
The South Carolina Lieutenant Governor’s Office on Aging operates the Long-Term Care Ombudsman program. Long Term Care Ombudsmen resolve complaints made by or for residents of long-term care facilities in matters relating to violations of rights and abuse, neglect, or exploitation, in addition to other issues.
You should take preventative measures when you suspect abuse. The South Carolina Department of Health and Environmental Control (DHEC) states that complaints concerning abuse, including physical, sexual, emotional, and financial abuse, as well as neglect, should be made directly to the Lieutenant Governor’s Office on Aging.
If you suspect abuse or neglect in a long-term care facility, you should call the Long-Term Care Ombudsman at 1-800-868-9095. The Long-Term Care Ombudsman states that it investigates over 8,000 complaints annually.
How Stewart Law Offices Can Help
Stewart Law Offices can immediately start an independent investigation of your loved one’s nursing home abuse. We can work to uncover the cause of their injuries, collect the necessary evidence, and identify the liable parties.
Our firm is familiar with the challenges involved in investigating a nursing home abuse case. We know how to handle the obstacles that nursing homes may present to avoid liability. We are prepared to diligently work to identify the parties responsible for the abuse of your loved one and fight to hold them accountable.
Our legal team includes Stephen Suggs, a South Carolina Bar licensed personal injury attorney with more than 25 years of experience advocating for vulnerable victims and their families in complex abuse cases and personal injury claims.
Was your loved one the victim of abuse or neglect at a nursing home or assisted living facility in South Carolina? Do not wait to contact a South Carolina personal injury lawyer. We have office locations in Beaufort, Columbia, Rock Hill, Spartanburg, and Lexington.
Stewart Law Offices is ready to help you and your loved one now. Call us or contact us online to schedule a free consultation to evaluate your case.
Call us 24/7 at 866-783-9278 or contact us online to arrange your free and confidential case review. There is no cost to you unless we win.*
South Carolina Wrongful Death FAQs
Yes and no. The family would still be entitled to emotional distress and any expenses related to their child’s death, but lost wages and similar economic losses would not apply in most cases. If taken to a jury trial, wrongful death cases involving children may result in much stronger penalties to the at-fault party than normal cases by virtue of the decedent being a child.
The individual who doesn’t want to pursue a wrongful death action would need to “opt-out” and hold the other parties harmless for their decision to move forward. In essence, they would sign away their rights to any and all future claims.
Yes. In the case above, the estate would also file a survival action for the injuries and suffering the individual endured prior to death. The goal of a survival action is to collect money for damages the person suffered while alive and to collect money for the things he or she would have gained (like income) had he or she lived.
A person’s contributions are based on more than just his or her ability to earn wages and pay bills. Being a good parent, spouse, and sibling are taken into account, along with the person’s ability to earn. Stay-at-home spouses contribute to families by cooking, nurturing, guiding, and making sure the home is kept up. So yes, you can still pursue compensation for your loss.
Led by Brent Stewart, a licensed member of the South Carolina Bar with more than 30 years of experience, Stewart Law Offices has been a compassionate advocate for families across York County, Greenville County, Aiken County, Richland County, the Lowcountry, and throughout South Carolina. We understand the heartbreak and anger that comes with discovering a loved one has been mistreated, and we handle each case with the sensitivity and care it deserves. When you work with us, you’ll have direct access to your attorney, ensuring open communication and personalized attention during this difficult time. Our commitment is to make you feel supported and heard, treating your family like our own as we pursue accountability and justice.