When it’s time for you or a loved one to enter a nursing home, you hope to find a safe environment. Families trust nursing homes to provide quality care. Unfortunately, nursing homes may cut corners and do not always adequately care for residents. In these cases, the nursing home should bear responsibility for their abuse and neglect.
If you or a loved one suffered from abuse in a nursing home, a Charleston nursing home abuse lawyer from our firm can stand by your side. We have a strong passion for helping injured people in South Carolina.
Our attorneys at Louthian Law Firm, P.A. can protect your rights and hold the liable party accountable. Contact our team to learn more about how we can help.
Why Work With Louthian Law Firm, P.A. on Your Nursing Home Abuse Case?
Louthian Law Firm, P.A. has served injured claimants for over 50 years. We have handled many personal injury cases and know the legal system inside and out. Our experience can help seek the compensation you deserve.
Working with our firm can give you peace of mind. You can hand over your legal case and focus on your family’s needs during this challenging time.
Other benefits of choosing Louthian Law Firm, P.A. as your Charleston nursing home abuse lawyer include:
- If you don’t win, we don’t get paid. Our legal team understands the financial stress injuries can cause. Because of this, we don’t charge for our services unless you recover compensation. We also offer free consultations, so you can learn about your options at no cost.
- We treat clients with respect and compassion. We get to know each of our clients personally. Getting acquainted helps us understand your case’s complexities. We hope to make a stressful time in your life as comfortable as possible.
- We keep clients informed. Each client remains fully informed about their case’s status. We get back to you promptly when you contact our team. We also encourage you to call us if you have any questions about your legal matters.
We Will Manage Your Case While You Focus on Feeling Better
When working with our firm, you have the possibility of recovering compensation by taking three easy steps.
The steps include:
- Contacting our firm for a free consultation. This consultation allows you to ask our team any questions about your case. We can explain our process and provide information about your next steps.
- Building a solid case strategy. Once our firm takes your case, we’ll implement a customized legal strategy that seeks compensation for your losses. The details of this strategy will depend on your situation, including the harm you or a loved one endured.
- Focusing on recovering. Our nursing home abuse lawyers can handle your case’s details. Once you begin working with our firm, you can focus on recovering from your injuries. We’ll manage your legal matters.
Our Past Clients Share Positive Feedback About Our Firm
Our past clients have left glowing reviews based on the quality service we provide.
Past client reviews mention that we:
- Aggressively pursue compensation for our clients
- Offer legal support through each stage of the claims process
- Do everything necessary to resolve our clients’ cases
- Show genuine compassion for our clients’ well-being
- Work diligently to produce results
Many of our clients state how our firm was a delight to work with, even through their difficult circumstances. Our attorneys work tirelessly so our clients can receive maximum compensation.
What Losses Could I Secure in a Charleston Nursing Home Abuse Case?
The compensation you could recover in a nursing home abuse case depends on the severity of the abuse and your injuries. A civil lawsuit may offer the best way to recover monetary compensation. We may also secure an out-of-court settlement if the liable party extends a fair offer.
Compensable losses in your case may comprise:
- Physical pain and suffering: The resident endured physical pain because of their injuries. The physical pain could have occurred directly after the incident or could reflect the ongoing pain they continue to feel.
- Emotional distress: The resident suffered emotional anguish from the abuse or their injuries. Any negative psychological issues they endured—such as anxiety, depression, or post-traumatic stress disorder—could warrant damages.
- Medical expenses: You or a loved one may have required medical attention because of the abuse or neglect. A financial award could offer coverage for treatment, therapy, medications, and other related care costs.
Our Charleston nursing home abuse lawyers will seek maximum compensation for your hardships. All nursing homes must adequately care for aging residents. When they don’t, they should pay for the consequences.
We Will Use Evidence To Support Your Injury Claim
To receive damages, you must prove that nursing home abuse occurred. This requires our team to find and use supporting evidence, which may include:
- A diary the resident wrote in
- Photos of the resident’s injuries, such as bruises or cuts
- Any written correspondence between the resident and the nursing home’s administration
- Medications prescribed to the resident
- Any former complaints against the care facility
- Testimony from witnesses
This information can prove helpful when establishing the extent of your abuse. It can also establish the value of your losses, such as pain and suffering.
Determining Liability in a Charleston Nursing Home Abuse Case
In a nursing home abuse case, the nursing home often bears liability for the abuse. Nursing homes are responsible for many aspects of residents’ lives, including but not limited to their food, shelter, hygiene, and medical care. Abuse or neglect can happen when these facilities do not provide safe, comfortable conditions.
Nursing homes could bear liability if abuse occurs because of:
- Inadequate training of staff members
- Failure to perform background checks when hiring new staff
- Failure to monitor staff
- Failure to provide adequate security
- Failure to provide daily necessities to residents
- Failure to meet residents’ medical needs
- Failure to protect residents from safety hazards
- Unsafe actions, such as physically restraining residents
- Intentional abuse
If you or your loved one suffered nursing home abuse, our attorneys can fight to recover compensation.
Our Team Will Prove Negligence in Your Injury Case
We must prove the nursing home’s negligence was the cause of your or your loved one’s injuries.
This requires showing:
- The nursing home owed a duty of care. Every nursing home must provide safe and comfortable living conditions for each resident. This involves providing nutritious meals, administering medications, and responding to complaints.
- The nursing home breached its duty of care. Next, we must show that the nursing home did not offer a reasonable standard of care. For instance, if a nursing home fails to administer a resident’s medication, this breaches its duty of care.
- The resident suffered an injury because of the breached duty. Now, we must show that because the care facility breached its duty of care, you or a loved one suffered harm. Going back to the previous example, if a nursing home fails to administer medication, a resident could suffer health complications.
- The resident suffered harm because of the breach of duty. Finally, we must show that because the nursing home harmed your loved one, you have various losses, such as medical care costs.
Our attorneys can build a case to prove the nursing home’s negligence caused you or your loved one’s injuries. This is easier said than done, however. When you partner with an attorney from our firm, we can prove the elements of negligence while you focus on your physical and psychological recovery.
You Have Limited Time to File a Lawsuit in South Carolina
South Carolina law states you generally have three years to file your lawsuit.
Your filing period will begin depending on:
- The date that you discovered an instance of abuse; or,
- The date an act of abuse happened.
We will file your case within South Carolina’s deadlines to protect your right to damages. We recommend consulting our team as soon as possible. Once we start working on your case, we can begin our investigation and start negotiating. We want to keep your options open if the insurer refuses to settle, and we must file a lawsuit to recover damages.
What Constitutes Nursing Home Abuse or Neglect in Charleston?
We advocate for people who have suffered these forms of nursing home abuse:
Physical abuse happens when a nursing home staff member causes bodily harm or injuries to a resident. Physical abuse includes punching, kicking, pushing, or shoving others. Another form of physical abuse can include using improper restraints.
Signs of physical abuse in a nursing home include:
- Broken bones
It’s critical to recognize and report the signs of physical abuse as soon as possible. If you even suspect the nursing home harmed your loved one, we encourage you to connect with our firm. Doing so could ensure your loved one’s safety and set their civil case in motion.
Emotional or psychological abuse happens all too often in nursing homes. Emotional abuse occurs when the nursing home staff insults or threatens the residents. Examples of emotional abuse include insulting a resident’s appearance, making threats, or isolating residents from others.
If a resident starts showing symptoms of anxiety or depression, this may be a sign of emotional abuse. Some nursing home residents cannot articulate instances of emotional abuse because of cognitive impairments. Yet, they may show unwarranted anger or irritation, which can point to emotional abuse.
Many seniors cannot consent to sexual acts while residing in a care facility, whether with a caregiver or another resident. Just like with emotional abuse, some seniors cannot share instances of sexual abuse; they rely on their loved ones to be their eyes and ears.
Some signs of sexual abuse include:
- Bruising around the genital area
- Sexually transmitted diseases
- Anxiety and depression
- Apprehension around a certain caregiver
- Soiled or dirty undergarments
According to the Nursing Home Bill of Rights, all nursing home residents have the right to control their finances. However, some facilities do not respect this. A caregiver may steal a resident’s checkbook and make fraudulent charges. They may also ask a resident for “loans” when a resident cannot agree to anything.
Just like emotional and physical abuse, financial abuse is illegal and warrants legal action.
Neglect occurs when the nursing home staff members do not provide a resident with proper care.
Nursing home neglect can come in many forms, including:
- Medication errors
- Failing to help residents bathe or change clothes
- Ignoring a resident’s complaints about pain
- Leaving residents unattended when they require supervision
- Not reporting injuries
Neglect can take a physical and emotional toll on an elderly resident. As a result, they can suffer from severe physical injuries or even pass away.
How Do I Know if My Loved One Suffered Abuse or Neglect in a Nursing Home?
Any change in your loved one’s appearance, demeanor, or living conditions could signify abuse. Yet, you may have concerns about filing a false report.
You are well within your rights to voice your concerns about your loved one’s care. This may include filing a written report or consulting your loved one’s care team.
Our firm can investigate your loved one’s situation after learning about your case. If we find that they suffered abuse or neglect in a care facility, we can implement an appropriate course of action.
Contact Our Charleston Nursing Home Abuse Lawyer’s Team for a Free Consultation
If you or a loved one experienced abuse in a nursing home, contact a Charleston nursing home abuse lawyer’s team at Louthian Law Firm, P.A. today. We offer free consultations. Our compassionate team can listen to your story and employ a suitable course of legal action. We can answer your questions and explain your legal options moving forward.
Let us protect you or your loved one. Call us at (843) 544-7272 or contact us right now to discuss how the nursing home might have mistreated your loved one. We are always here to answer the phone or respond to your emails, day or night.