It is incredibly hard for families to admit their loved ones into a nursing home. Still, millions of families find themselves in this position every year, particularly if their loved one requires round-the-clock care that family members cannot provide. While no one wants to think about the possibility of nursing home abuse and neglect that may occur, the truth is that it happens all too often.
Nursing home residents in Mount Pleasant and throughout South Carolina have certain rights.
When they are not upheld and residents are not cared for properly, they may be able to claim compensation for their injuries and other losses. Our Mount Pleasant nursing home abuse lawyer can help you through the process of making things right for your family.
Nursing Home Facilities in Mount Pleasant
Many nursing home facilities in Mount Pleasant provide proper care to their patients. However, people can make a mistake at any time, and there are some who have more commonly been accused of nursing home negligence and abuse. Some of the facilities in Mount Pleasant are as follows:
- The Artisan Mount Pleasant
- Somerby of Mount Pleasant
- The Palms of Mount Pleasant
- Oaks at Mount Pleasant
- Mount Pleasant Gardens Alzheimer’s Special Care Center
- Merrill Gardens at Carolina Park
- Sweetgrass Village
- Cooper River Assisted Living
If your loved one has suffered harm due to someone else’s negligence in any of the above facilities, or any other, it is critical that you speak with a Mount Pleasant nursing home abuse lawyer.
What Laws Protect Residents from Nursing Home Neglect in Mount Pleasant?
The Omnibus Adult Protection Act, found in the SC Code § 43-35-5, outlines many protections from nursing home neglect in Mount Pleasant, SC. This law founded the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division to investigate criminal instances of nursing home abuse and the Long Term Ombudsman Program to investigate civil matters. The latter investigates noncriminal complaints of nursing home negligence and abuse.
Under the law, nursing home facilities are required to create a written care plan for every resident, outlining their specific needs, medications, conditions, and more. The resident and their family should participate in the creation of their plan as much as possible. In addition to this, nursing home residents have many other rights. These include:
- The right to be informed, in reasonable language, of the services and costs of the facility, the rules and regulations, and advance notice of roommates or room changes.
- The right to complain without fear of retaliation and to receive a quick response from the nursing home staff members regarding the resolution.
- The right to receive proper care, updates about changes in their condition, and the right to refuse medication or treatment, including physical and chemical restraints.
- The right to confidentiality regarding their personal, medical, and financial affairs.
- The right to proper discharges and transfers, including ensuring the new facility meets the conditions outlined under the law, and the right to receive proper notice of the transfer or discharge.
- The right to be treated with dignity and respect and be free from nursing home abuse.
- The right to visitation from relatives, friends, doctors, and others.
- The right to make their own decisions regarding clothing, how they spend their free time, and the community activities they participate in.
When the above rights are violated, nursing home residents suffer serious harm that results in physical and psychological harm. Residents deserve compensation for these losses. The only way to obtain it is to hold the nursing home liable.
Different Types of Nursing Home Abuse and Negligence
Although most people often think of physical abuse when they consider wrongdoing in long-term facilities, there are other types as well, unfortunately. They are as follows:
- Physical abuse: Physical abuse occurs any time a nursing home staff member acts in such a way that causes a resident physical pain, injury, or impairment. Still, not all physical abuse results in bruises and broken bones. For example, malnutrition and dehydration are types of nursing home neglect that often go unnoticed but still result in serious harm.
- Emotional abuse: Emotional abuse is quickly becoming the most common form of nursing home abuse. Emotional abuse occurs when a patient suffers stress or emotional pain from intentional acts of malicious and emotional manipulation.
- Nursing home negligence: Medical neglect occurs when nursing home staff members fail to provide residents with the medical treatment, care, or devices they require. General nursing home negligence occurs when nursing home staff members fail to provide residents with their basic needs, such as administering medication, ensuring good hygiene, keeping the facility at a comfortable temperature, and more.
- Sexual abuse: No one wants to think about it, but sexual abuse also occurs in nursing homes. This type of abuse occurs when a staff member violates a resident in a sexual manner without the consent of the resident. This not only includes physical sexual content but also showing pictures or lewd materials to residents without their consent or forcing them to watch a sexual act.
- Financial abuse: Financial abuse refers to when a nursing home staff member tricks or manipulates a resident into giving them money or changing important legal documents, such as a will, to benefit the staff member. Financial abuse can also involve a staff member stealing from a resident, although this is rarer.
- Abandonment: Abandonment occurs when a nursing home staff member responsible for a resident’s safety and well-being deserts them. Common examples include failing to regularly check on residents, ignoring their calls, and failing to help with necessary tasks, such as moving and sitting down.
Common Signs of Nursing Home Neglect in Mount Pleasant, SC
Nursing home abuse is devastating. It is even sadder that residents often do not want to come forward with complaints of neglect because they fear retaliation or because they feel ashamed or embarrassed. In other instances, nursing home residents do not have the mental capacity to understand that the abuse is happening. For these reasons, it is essential that loved ones visit the facility regularly to check in on their loved one and make sure they are being treated properly.
While visiting, family members should look for common signs of neglect and abuse. These include:
- Sudden injuries such as broken bones, cuts, or bruises that do not have a reasonable explanation
- Bed sores or other infections
- Signs of poor hygiene such as dirty fingernails, unbrushed hair, and bad breath
- Sudden shifts in a resident’s behavior, such as a sudden withdrawal from social activities or seeming fearful of a specific staff member
- Unsanitary or unsafe living conditions, including extreme temperatures, dirty bedding, or dangerous flooring
- Unusual changes in finances or legal documents
- Missing personal items
- Staff displaying intimidating, controlling, or belittling behavior
- Improper sedation or excessive use of restraints
What to Do if You Suspect Nursing Home Abuse and Negligence
If you suspect that your loved one is not being treated properly in a long-term care facility, you need legal help. The steps you take immediately after will have a significant impact on your claim, whether it is successful, and the total amount of damages your loved one may be able to receive. The most important steps to take include:
- Speak to the administrators: The first step to take after suspecting nursing home neglect is to speak to the facility’s administrator, supervisor, or director. They may not be aware of the situation and will investigate the incident. It is important to demand an investigation and to take notes of your conversation and any commitments made by the administrator or other staff member.
- Contact the proper authorities: You should then contact the South Carolina Department of Public Health to report the abuse. The Department will also conduct their own investigation to determine if abuse occurred. You can also report the abuse to the South Carolina Long Term Care Ombudsman.
- Report the wrongdoing to local police: If you believe that your loved one is in imminent danger, it is essential that you remove them from the facility right away. Contacting the local police can ensure that you can remove your loved one from the home safely. It will also hold the facility criminally responsible if they have violated the law.
- Seek medical attention: Your loved one’s safety and well-being are the most important priorities. It is critical that you help them seek medical attention so their injuries do not become worse. Seeking medical attention will also document the nature and severity of your loved one’s injuries, which can help strengthen any future claim filed. It is important to have your loved one examined by a medical professional who is not affiliated with the facility.
- Speak to a Mount Pleasant nursing home abuse lawyer: You and your loved one require sound legal advice after neglect and abuse. A lawyer can review the facts of your case, prove the wrongdoing occurred, and help your family claim the full compensation they deserve.
Areas Our Mount Pleasant Nursing Home Abuse Lawyer Services
Our experienced attorney has handled nursing home abuse and neglect cases throughout Mount Pleasant. We can help if you live in one of the following ZIP codes:
- 29429
- 29451
- 29464
- 29466
- 29482
Call Our Mount Pleasant Nursing Home Abuse Lawyer Today
Nursing home abuse is egregious, and it is critical that facilities and staff members are held accountable for their actions. At Rikard & Protopapas, our nursing home abuse lawyer in Mount Pleasant can provide the sound legal advice you and your family need to claim the full compensation that will cover your loved one’s losses. Call us today or fill out our online form to schedule a free consultation with our experienced attorney and to learn more about how we can help with your case.