Nursing Home Neglect
In a nursing home, neglect means a failure to provide a person with the goods, care, or services needed to maintain the health or safety of a vulnerable adult, or a failure to react to a potentially dangerous situation which then results in harm or anxiety to a resident.
Is Nursing Home Abuse the Same Thing?
No. Nursing home abuse is the intentional infliction of an injury, unreasonable confinement, or deprivation of care or punishment that results in physical harm, pain, or mental anguish.
Signs of Neglect
If you suspect neglect in a nursing home, you should be on the lookout for the following signs of neglect:
- Bed injuries or bed sores
- Unusual or sudden changes in behavior
- Unexplained injuries, especially involving broken bones
- Reluctance to speak in front of the staff
- Falls, fractures, or injuries
- Infections or frequent illnesses
- Heavy sedation
- Incidents of wandering
- Desire to be isolated
If you see any of these signs, you should follow up immediately.
What Can You Do About Nursing Home Neglect?
South Carolina permits a lawsuit against a nursing home or a staff member with a nursing home when an older resident has suffered neglect. The case requires the usual negligence elements of duty of care, breach of the duty, and that the breach resulted in an injury for which damages may be recovered. Cases must be filed within three years of the injury.
Robert “Bobby” Jones has concentrated his practice in personal injury law for more than a decade. In that time, he has recovered over $40 million for his clients. Speak to Bobby today to discuss your nursing home neglect claim with a trusted Greenville nursing home abuse lawyer.
Frequently Asked Questions
Can you win a neglect case just by proving that the home violated a regulation?
No. You must still prove a duty, breach of the duty, an injury resulting from the breach, and damages to the client. South Carolina law expressly states that a rule violation alone does not constitute neglect.
Is there a time limit?
Yes. All nursing home neglect suits must be filed within three years of the date of the incident.
Do I need a lawyer to file a claim?
It is highly advisable to retain an attorney to represent you in any nursing home neglect case. Residential facilities and their insurance companies regularly try and settle claims for less than they are actually worth.