Deciding that you need to admit your loved one to a care facility or nursing home is a difficult step for anyone. In many cases, family members lack the level of medical training and experience needed to provide around-the-clock care for an elderly patient. For the elder, realizing that he or she is losing independence and entering a nursing home can be emotionally stressful. The last thing that any family wants to encounter during this time is abuse from nursing home staff and employees. Greenville and Spartanburg nursing home abuse attorney Patrick E. Knie can compassionately guide victims and their families throughout South Carolina. If your loved one has been harmed, we can vigorously assert their rights and yours.Holding a Facility Accountable for Physical Abuse
Physical abuse in a nursing home involves any situation in which an employee or staff member uses violence, unnecessary force, or physical intimidation against a patient. There are many telltale signs of physical abuse, including broken or fractured bones, scars, bruises, welts, broken possessions, or marks on the elder’s wrist indicating the use of restraints.
Physical abuse is completely unacceptable in a nursing home. If you have any reason to believe it is occurring, you should report it immediately. Under South Carolina’s bill of rights for nursing home residents, these facilities are required to provide a sufficient quality of life for residents, including appropriate activities and services. Residents must be allowed to participate in the administration of the nursing home’s activities, and the nursing home must provide ombudsmen with appropriate access to the facility’s programs. The bill of rights provides residents with additional rights, including the right to be free of any physical abuse and unnecessary restraints.
According to general negligence law, moreover, nursing homes and their staff have a duty to treat residents with a reasonable level of care and attention. This means that employees must refrain from squeezing, pinching, hitting, shaking, and unnecessarily restraining residents, among other behaviors.
If you have been subjected to physical abuse in a nursing home, you can bring a claim against the nursing home to seek compensation for your injuries and damages. There are a variety of legal theories you can assert, such as negligence. To establish negligence, you must show that the defendant failed to act with the same reasonable care and skill that a prudent and appropriately trained nursing home employee or facility would have provided, taking into consideration the specific circumstances involved. This standard also encompasses compliance with any statutes or regulations that apply, including the South Carolina bill of rights for nursing home residents.
After showing that the defendant breached this duty of care, you must show that the breach was the direct cause of your injuries and also provide documentation supporting the amount of compensation you are seeking in the lawsuit, including medical bills as well as pain and suffering.Discuss a Nursing Home Abuse Claim With a Greenville and Spartanburg Attorney
Physical abuse in a nursing home is completely unacceptable. Spartanburg and Greenville nursing home abuse lawyer Patrick E. Knie can help you navigate each step of the legal process. We know just how traumatic, stressful, and embarrassing physical abuse against an elder can be, and we can also ensure that your family’s privacy is respected during this difficult time. Patrick E. Knie proudly serves injured individuals across Spartanburg, Cherokee, Union, Greenville, and Laurens Counties. Call us now at (864) 582-5118 or contact us online to set up a free consultation with a knowledgeable injury attorney.