Many people have questions about what is considered nursing home neglect, especially if their loved one is staying at a long-term care facility. By federal and state law, assisted living facilities need to provide a minimum level of care to residents. For example, an establishment should make sure patients have sufficient access to clean, healthy water and food. Additionally, staff should regularly care for the individual’s basic needs, like bathing, medications, medical matters, and bathroom trips. When staff fail to address these and other needs, it may qualify as neglect or, in some cases, abuse.
At The Louthian Firm, we take a firm stance against negligent and abusive practices of South Carolina hospitals, facilities, and centers charged with caring for the elderly or those with a disability. We understand the struggles and heartache of those who are hurt while at a facility that promised to protect and provide for them. Our team stands ready to fight for the victims of neglect and abuse at a nursing home.
Residents’ Rights Under South Carolina Law
Under South Carolina law, those who stay at a long-term care facility have many rights the establishment needs to honor throughout the person’s stay there. Some of these rights include the following:
- Being informed of the cost of staying at the facility
- Accepting or rejecting treatment
- Picking what physician treats or examines them
- Being treated with respect, dignity, and honor, and having privacy
- Being free from abuse or neglect
- Associating with their loved ones
If the hospital or center is regulated or licensed by the State Department of Health and Environmental Control, they need to respect these rights. The resident may have other rights or privileges based on the contract they have with the specific establishment.
Defining Nursing Home Negligence
Nursing home negligence may occur if the care provided by the facility falls below what is expected of them under the law. What this looks like depends on the unique circumstances of that specific situation. That said, medical negligence may occur if a doctor, center, nurse, or staff member fails to meet the duty of care required of them and the resident sustains an injury in the process.
Common Types of Nursing Home Negligence
Understanding what is considered neglect in a nursing home can help you protect your loved one from further harm and equip you with the tools to identify when neglect or abuse is happening to them. Nursing home negligence may include the nurses forgetting to rotate a bedridden patient to avoid bedsores. Additionally, if staff do not regularly bathe a resident, it may constitute negligence if the resident gets an infection because of it.
Other forms of neglect at a long-term care center include not giving a patient their medicine on time or not taking them to use the restroom. Likewise, failing to facilitate requested visits with the person’s family member may also qualify as neglect.
Signs and Symptoms of Nursing Home Negligence
Nursing home neglect can appear in a number of ways. For example, the resident may develop frequent or severe infections — like urinary tract infections or MRSA. Or they may trip, slip, and fall wounds from trying to leave their bed and use the bathroom without the help of a nurse.
Additionally, the residents may isolate themselves or withdraw from activities or people that brought them joy in the past. Likewise, they may appear visibly dirty or disheveled, such as by having dirt under their fingernails or on their body.
Steps To Take if You Suspect Nursing Home Negligence
You have several options if you think your loved one is in danger or being hurt by those caring for them. For example, you can call the police to protect them from immediate harm. Other options include filing a complaint with Adult Protective Services and a medical malpractice lawsuit with the court.
Contact the police for immediate help
If you think your loved one is being abused or neglected in a nursing home, your first step may be to call the police. Law enforcement can help by addressing any immediate safety concerns, such as threatening or abusive behaviors.
File a complaint with the Adult Protective Services
If you do not think emergency services are necessary, you can also file a complaint with Adult Protective Services at the State Department of Health and Environmental Control. They can investigate the situation by talking to you, your loved one, the facility, and others who interact with your loved one. Depending on the outcome of the review, they might take action against the establishment or recommend other legal action.
File a medical malpractice lawsuit
Another option is for you to bring a formal lawsuit against those who harmed your loved one while at a nursing home. Doctors, nurses, technicians, and other staff members at a nursing home need to act ethically and in ways that minimize potential harm to residents.
When they act in ways that put residents in harm’s way or fail to prevent injury, they may be liable under South Carolina’s medical malpractice laws. Filing a lawsuit is a way for a neglected resident to take a stand against harmful practices and limit the chance that others are harmed by that same facility.
How a Lawyer Can Help
When you are the victim of neglect or abuse while at an assisted living facility, you may have a lot on your plate already. An attorney helps you carry the burden of legal matters and procedures by filing essential documents on your behalf and taking steps to protect you against retaliation or further harm.
Likewise, the lawyer can use their knowledge and resources to craft compelling arguments to present to the court. Additionally, they can review settlement offers submitted by the facility or the insurance company.
Contact The Louthian Firm if a Nursing Home Neglected or Abused You
Neglectful and abusive conduct has no place in South Carolina’s nursing homes, residential facilities, or assisted living centers. If you or your loved one gets an infection, suffers a serious fall, or is hurt in another way because of a facility’s mistakes, they may qualify to bring a lawsuit against those responsible.
The Louthian Firm can help you understand what is considered nursing home neglect in South Carolina. We provide agile and responsive legal services to those who hire us, and we can come to you for an appointment rather than making you come to our office. Reach out to our team today by calling 803-592-6231 to schedule a free consultation.
