Our experienced Greenville nursing home abuse lawyer at Bobby Jones Law explains the types of abuse in nursing homes and how you can help your loved one.

What Are the Legally Recognized Types of Nursing Home Abuse in South Carolina?

A study in Cureus reports that elder abuse is a widespread problem in nursing homes. The report found that physical abuse is the most common type of nursing home abuse (29% of all abuse). However, there are several kinds of abuse that can occur in a residential home:

Physical abuse. Intentional harm to a resident, including hitting, kicking, and shoving. It may include intentionally putting the person in harm’s way.
Physical neglect. Failing to meet daily needs and failing to respond to needs as they arise. It may include a lack of supervision.
Psychological. Threatening a resident, belittling them, or instilling fear.
Sexual. Sexual assault, non-consensual sexual touching, and forced nudity.
Financial. Misusing a resident’s financial resources.
Exploitation. Intentional overbilling, fraudulent debt collection, or forcing the resident to work or do chores.
Resident-to-resident. Harm to a resident caused by another resident.

Abuse in a nursing home may be a single act, repeated acts, or a lack of needed care.

Physical Abuse in Nursing Homes: Warning Signs and What SC Law Says

One study reports that 17% of certified nursing assistants who work in nursing homes admit to physically abusing residents. Care providers may simply act maliciously, or they may lack the resources and staffing needed to provide adequate care. It doesn’t matter; physical abuse is never justified.

Emotional and Psychological Abuse in Greenville Nursing Homes: How To Recognize It

Emotional and psychological abuse may include:

Withholding food
Withholding mobility supports
Making a resident worry, without cause
Swearing at a resident
Yelling at a resident
Taunting the resident
Isolating a person socially
Infantilizing a resident
Restricting activities and independence
Mocking limitations and physical decline
Use of restraints
Humiliation and shame
Dismissing concerns

A single act may be both physically and emotionally abusive.

Sexual Abuse in Nursing Homes: What Families in SC Need To Know

Nursing home staff, contractors, other residents, and visitors may perpetrate sexual abuse in nursing homes. Vulnerable adults, such as those with physical limitations, mental decline, and social isolation, are especially at risk.

The signs of sexual abuse can be subtle. Torn or soiled clothing, physical injuries to the genitals, sexually transmitted infections, and emotional changes can all be signs of sexual abuse. In addition to sexual assault, forced nudity, sexual photos, and sexual harassment are also types of sexual abuse in nursing homes.

Financial Exploitation of Nursing Home Residents in Greenville, SC

Financial abuse in a nursing home can take many forms:

Direct access. Directly transferring funds from resident accounts.
Estate documents. Getting appointed as a power of attorney or legal guardian to access funds.
Overbilling. The facility overcharging or improperly billing a resident.
Healthcare fraud. Improperly billing medical services.
Stealing. Taking resident property, including using it for other residents.
Forgery. Forging checks or signatures to access funds.
Undue influence. Influencing a resident improperly regarding finances.
Information. Taking a resident’s personal information to improperly use their identity.
Facilitation. Failing to ensure bills are paid and necessities are purchased, despite adequate resources.

Financial exploitation in a nursing home can be a crime as well as abuse.

Neglect vs. Abuse in SC Nursing Homes: What Is the Legal Difference?

Both neglect and abuse may be the basis of a legal claim against a nursing home. Abuse is the knowing and purposeful mistreatment of a resident. Neglect is allowing a dangerous situation to exist, even if those responsible don’t mean any harm.

Nursing homes are generally liable for the actions of their employees. Employees are agents of the nursing home. There are other legal theories that can hold the nursing home liable for intentional abuse, such as understaffing, negligent hiring, and negligent supervision.

What Federal and State Laws Protect Nursing Home Residents in South Carolina?

There are U.S. federal and state laws that protect South Carolina nursing home residents:

Nursing Home Reform Act of 1987, 42 CFR Part 483.
South Carolina Standards for Nursing Homes, Regulation 60-17.
South Carolina Nursing Home Bill of Rights.
South Carolina negligence laws.

More from Bobby Jones Law: 12 Things Nursing Homes Aren’t Allowed To Do.

What To Do If You Suspect Nursing Home Abuse in Greenville, SC

If you suspect nursing home abuse in Greenville, SC, it’s important not to ignore your suspicions.

Identifying abuse in nursing homes can be challenging. Symptoms can be misleading. For example, burns may be mistaken for dermatitis; osteoporosis may contribute to a broken bone from a fall.

It may be appropriate to :

Call Adult Protective Services.
Call the SC Long Term Care Ombudsman.
Report the abuse to the police.
Make a complaint to nursing home administrators.
Ask for internal changes in the care facility.
Move your loved one to another care setting.
Make other changes to your loved one’s care plan.
File a lawsuit for nursing home abuse compensation.

More from Bobby Jones Law: How To Report Nursing Home Abuse in South Carolina.

What Damages Can Families Recover in a Greenville Nursing Home Abuse Lawsuit?

Damages in a Greenville nursing home abuse lawsuit may cover a range of economic and non-economic losses, including medical bills, financial losses, physical pain, and suffering. Punitive damages may be payable in some cases.

Why Families in Greenville Need a Knowledgeable Attorney To Hold Nursing Homes Accountable

There are many types of nursing home abuse. It can be hard to detect, especially when care providers and nursing home administrators try to hide it. An experienced attorney can help you hold offenders accountable.

Talk to a Lawyer

Attorney Robert “Bobby” Jones of Bobby Jones Law is a Greenville nursing home abuse attorney who has a track record of success advocating for families when abuse occurs. If you or a loved one has been harmed, please contact us.