There are numerous stories uncovering rampant abuse and neglect in nursing homes. Some of these horrors are unimaginable and make it difficult for us to trust that our loved ones are receiving the care and attention that they deserve during these fragile years of their lives. One of the most common types of abuse and neglect in nursing homes involves falls, which happen when elderly and ill patients are unsteady on their feet. Without proper supervision from staff and equipment like bedrails or wheelchairs to help these residents move around, serious fall-related injuries can occur. At the Knie & Shealy Law Offices, our nursing home negligence attorneys have represented victims in Spartanburg as well as Greenville and other areas of South Carolina. We can help you build a case against a facility if either you or a loved one has suffered a fall due to its careless conduct.Hold a Negligent or Reckless Facility Responsible After a Slip and Fall
South Carolina nursing home residents are protected under the federal Nursing Home Reform Law, which was enacted through the Social Security Act in 1987. Essentially, these laws provide nursing home residents with a Bill of Rights that requires care facilities to provide minimum levels of care, inform residents about the status of their health and treatment, and afford them protections from physical abuse and neglect.
South Carolina law also recognizes that nursing home facilities owe residents a minimum duty of care and that they can potentially be held liable for failing to meet this duty. Examples of a nursing home’s failure to satisfy its duty of care include failing to properly monitor residents, failing to provide appropriate medical treatment, or failing to promptly respond when an injury occurs. The plaintiffs must also prove that the defendant’s failure to provide appropriate care caused the resident to suffer the fall.
Damages that may be sought from a nursing home may be both economic and non-economic. They can extend from the costs of medical treatment needed to address the fall-related injuries to the subjective pain and suffering that the resident experienced. In some extreme cases, a nursing home may be held liable for punitive damages.
Falls can occur at almost any point during the day, whether the resident is getting in and out of bed, walking to the bathroom, or moving from a standing to seated position. There are countless pieces of equipment that can help make a room or building safer for an unstable elderly person, including bed rails, walkers, and suspended support systems. Some nursing homes fail to provide these devices because they have an inadequate budget or because they are trying to cut costs.
Falls pose particular dangers to the elderly, with statistics indicating that roughly 20 percent of elderly people who break a hip will die from medical complications related to the injury, including blood clots and pneumonia. Other examples of fall-related injuries include bruises, lacerations, sprains, head trauma, and concussions.Consult an Attorney in Spartanburg or Greenville for Your Injury Claim
If you or a loved one has been hurt due to a nursing home’s failure to provide you or your loved one with the requisite care and attention, you may be entitled to compensation. At the Knie & Shealy Law Offices, our injury lawyers have guided nursing home residents from Spartanburg to Greenville and beyond in bringing claims against negligent assisted living facilities. We serve individuals and families throughout Cherokee, Union, Greenville, and Laurens Counties. Call us at (864) 582-5118 or contact us online to set up a free consultation.