When suing a nursing home for negligence in SC, there are a number of important things to keep in mind.
- You must identify the negligent act or omission.
- Claims for medical malpractice must follow the Notice of Intent to File Suit requirements of South Carolina law.
- Compensation amounts for medical malpractice may vary because of maximums imposed by law, depending on the classification of the home as private, charitable, or government-owned.
- In the legal process, you may use discovery to build your case. You may access records, interview witnesses, inspect a location or property, and take other steps to gather information.
- An experienced Greenville nursing home abuse lawyer can represent you when suing a nursing home.
- There are time limits that must be followed to start a case.
- As the party seeking compensation, you must file and prove your case.
Bobby Jones Law explains further the important things to know when suing a nursing home for negligence in SC.
What Legally Constitutes Negligence in a Nursing Home?
Care in a nursing home involves both personal care and medical services. When caregivers fail in their duty to provide reasonable services, they are negligent.
Negligence in a nursing home may be medical malpractice or general negligence. A legal claim may assert either or both grounds for compensation.
A reasonableness standard
Suing a nursing home for negligence is based on standards of reasonableness. A residential facility must provide care that is at least adequate based on prevailing standards. What is reasonable varies from situation to situation.
For example, a resident must be checked on routinely. How often depends on their level of need. Caregivers should be available when someone has an urgent need.
While negligence may be doing something unreasonable, it can also be a failure to act.
Medical standards
Medical malpractice in a nursing home is assessed according to professional standards for residential facilities. You must present expert testimony explaining prevailing standards and comparing them to what happened in the case.
Common Signs of Neglect and Abuse in Elder Care Facilities
Common signs of neglect and abuse in elder care facilities include the following:
- A sudden health decline, with no medical explanation
- Bedsores, pressure sores, infection, and overall uncleanliness
- Not seeing staff in the facility, or a few staff available
- Injuries without clear explanations
- Facility in decline, broken or uneven flooring, broken fixtures, hand railings in disrepair
- Few opportunities for residents to socialize if they are able
- Residents have little contact with family
- Outbreaks of illness or food poisoning
- Multiple incidents of resident harm
- High turnover among staff
An individual may show signs of neglect and abuse. In addition, there may be facility-wide signs that adequate care is not being provided.
Who Can File a Lawsuit Against a Nursing Home in South Carolina?
A person who is harmed by negligence in a nursing home in South Carolina may bring a compensation claim. They can sue in their name.
However, a person in a nursing home may be unable to act for themselves because of mental incapacity. An attorney can help you evaluate ways to file on behalf of the person. A power of attorney, guardianship, or conservatorship can enable a representative to file on behalf of an incapacitated individual.
Wrongful death
A personal representative may file on behalf of survivors in a wrongful death claim.
South Carolina law determines who receives the proceeds of a wrongful death suit, but the personal representative pursues the lawsuit. An attorney can assist you in having a personal representative appointed.
Key Evidence Needed To Support a Nursing Home Negligence Claim
The evidence needed to support a nursing home negligence claim varies from case to case. But facts and medical information are always critical.
The facts explain what happened when. When did the person receive care? What was done? Did anyone witness neglectful acts? Is there paperwork that shows what happened? How was the person harmed?
Medical records and testimony then explain negligence. Medical records may verify injury, while an expert can explain the standard of care and the legal grounds for negligence.
There are steps to present expert witnesses in a nursing home negligence lawsuit. An expert is needed from the beginning of the case to submit the Notice of Intent to File Suit. A lawyer can help you investigate medical negligence and prepare the evidence to proceed.
Building your case
In a lawsuit for nursing home negligence, you must prove:
- Duty of care—The nursing home had a duty of care to provide reasonable medical and personal services to the resident.
- Breach of the duty of care—There was a breach of this duty based on reasonableness standards.
- Causation—Breach of duty must be the cause of harm to the victim.
- Damages—This resulted in losses the victim sustained, including economic and non-economic losses.
Potential Damages in Nursing Home Negligence Lawsuits
Damages in a nursing home negligence lawsuit reflect the harm that has occurred.
Losses may be financial, including emergency medical care or a longer stay at the facility if the person was meant to stay for a limited time. Direct financial losses can be claimed.
In cases of suing a nursing home for negligence, losses are often physical and emotional. A person may experience physical pain, but they may also have emotional anguish. They may experience a loss of mobility, independence, or mental capacity. Life expectancy may be diminished. Grief can accompany the realization that they were the victim of preventable harm. Surviving family members may experience grief because of a wrongful death.
In the case of a nursing home lawsuit, the extent of personal loss doesn’t always correlate to direct, financial losses.
Physical and emotional suffering can be far greater than unexpected medical bills. Lawyer Robert “Bobby” Jones can help you value damages and claim the appropriate amount for nursing home negligence.
Note: Ask a lawyer how South Carolina’s medical malpractice damages caps may apply in your situation.
Contact an Experienced Greenville Nursing Home Abuse Lawyer
If you or a loved one has experienced mistreatment in a nursing home, we invite you to contact experienced Greenville nursing home abuse lawyer Bobby Jones. Learn about important things to know in your nursing home negligence lawsuit.
