Nursing home abuse happens in many ways. From our experienced Greenville nursing home abuse lawyer at Bobby Jones Law, here’s what to know about types of abuse and your family’s legal rights.
How Is Nursing Home Abuse Legally Defined in South Carolina?
South Carolina adult protection laws define abuse, which may be physical or psychological.
Physical abuse
Physical abuse is the intentional infliction of a physical injury on a vulnerable adult. It may include:
Assault. Slapping, hitting, kicking, biting, choking, pinching, burning, or actual or attempted sexual battery.
Medication. Use of medication outside of reasonable medical practice to control behavior or for confinement.
Confinement. Physically controlling behavior except for therapeutic reasons under licensed and qualified care.
Psychological abuse
Causing a nursing home resident to feel afraid, humiliated, degraded, agitated, confused, or emotionally distressed is psychological abuse.
What Are the Different Types of Nursing Home Abuse Recognized Under SC Law?
Physical abuse. Physical abuse is the direct intent to cause harm. Examples include assault and battery, inappropriate use of medical devices, and withholding care.
Psychological abuse. A caregiver may threaten or taunt a resident. They may insult the resident or make them fear they will not receive care.
Neglect. Neglect occurs when a care facility unreasonably fails to provide necessary care. The harm isn’t intentional, but failing to provide care is unreasonable under the circumstances. Examples include failing to meet basic needs or provide medical care. Nursing home neglect may include facility-wide failures that result in harm to a resident.
Sexual abuse. Sexual abuse in a nursing home may include assault by a caregiver or someone else with facility access. It may also include failing to protect one resident from another.
Financial exploitation. Theft of funds, misuse of resources, and financial coercion fall under what counts as nursing home abuse and neglect.
Physical Abuse in Nursing Homes: Warning Signs Greenville Families Should Know
Greenville families should know the warning signs of physical abuse in a nursing home. They may notice:
Rapid decline. The resident’s physical or mental condition may change quickly.
Anxiety. The person may express new fears or avoid certain situations.
Unanswered questions. Explanations about things that seem unusual may be evasive, incomplete, or unbelievable.
Appearing disheveled. An abused resident may not take care of basic hygiene or their personal appearance like they used to.
Physical signs. Injuries with no clear cause, cuts, bruises, or infection may be a sign of abuse.
Bathroom changes. Physical abuse can manifest as incontinence or other changes in bathroom use.
Agitation. An abused nursing home resident may be on edge or more easily agitated than before. They may refuse to follow rules or cooperate with caregivers.
Access limitations. Caregivers may prevent the family from visiting a resident who is being abused. They may limit the person’s interactions with others at the facility.
Sexual Abuse in Nursing Homes: What South Carolina Families Need To Know
Sexual abuse in a nursing home is unwanted sexual touching, coercion, or threats of unwanted sexual activity. One study says that sexual abuse is the most hidden and underreported type of elder abuse.
Nursing home residents are a vulnerable population. Offenders may include staff, other residents, and third parties with access.
Families should know that sexual abuse occurs in South Carolina nursing homes. They should also know that victims often don’t report it for several reasons. Victims may fear retaliation and may not even realize that what happened is abuse.
Family members should know that there are multiple avenues for protecting their loved one. It’s not always as easy as telling a caregiver about the abuse. Reports can be downplayed. Institutions may worry more about their reputation than about protecting those they serve.
A lawyer can help you report the abuse and bring a legal claim.
Financial Exploitation of Nursing Home Residents in Greenville, SC
Financial exploitation of nursing home residents is a form of abuse. Offenders may think that no one will notice or that the resident will not be able to do anything about it. The offender may target one person or have a scheme that exploits many people.
Neglect vs. Abuse in SC Nursing Homes: What Is the Legal Difference?
Abuse is the intentional mistreatment of a nursing home resident. The offender may not specifically intend harm, but they do things likely to cause harm.
Neglect is a failure to meet a duty of care. It is taking unreasonable risks or failing to do reasonable things to prevent harm.
Both abuse and neglect may be the basis of a legal claim.
What Federal and State Laws Protect Nursing Home Residents in South Carolina?
There are several bodies of law that protect nursing home residents in South Carolina:
Federal regulations. The U.S. Nursing Home Reform Act establishes standards for Medicare- and Medicaid-participating facilities.
South Carolina statutes. South Carolina adult protection laws and the Bill of Rights for Residents of Long-Term Care Facilities explain the rights of nursing home residents.
South Carolina criminal laws. Criminal laws prohibit assault and battery, sexual assault, theft, and embezzlement.
South Carolina negligence laws. In addition to statutory laws, principles of negligence require facilities to meet their duty of care.
South Carolina regulations. Public health regulations create specific performance standards for care facilities.
What Legal Rights Do Nursing Home Residents Have in Greenville, SC?
Nursing home residents in Greenville, SC, have the right to be free of abuse and neglect. They have the right to medical care and to the autonomy appropriate to their situation.
If abuse or neglect occurs, a nursing home resident has the right to report it. They may file a legal claim for monetary compensation.
What To Do If You Suspect Nursing Home Abuse in Greenville, SC
More from Bobby Jones Law: How to Report Nursing Home Abuse in Greenville, SC
Why Greenville Families Need a Dedicated Attorney When Nursing Home Abuse Occurs
It can be hard to know what to do when nursing home abuse occurs. You may know that something seems wrong, but you may not know how to evaluate the situation. You may need help to quickly preserve evidence.
You need a dedicated attorney.
Bobby Jones Law represents nursing home abuse and neglect victims. We can help you navigate what has happened and fight for justice. Call or message us now.
