Nursing home residents in Moncks Corner deserve to live out their days free of worry or fear. While assisted living facilities are sworn to protect their residents, the unfortunate truth is that many fail to keep their residents safe. Whether from neglect or intentional conduct, many nursing home residents suffer injuries, assault, or abuse at the hands of their own caretakers. When the rights of a nursing home resident are violated, a personal injury attorney may help them hold the facility and their employees accountable.
If your loved one has suffered from abuse at a Moncks Corner nursing home, you have many options for holding them accountable. With the help of a Moncks Corner nursing home abuse lawyer, you and your family can seek monetary damages from the facility that failed your loved one.
Types of Nursing Home Abuse
In retirement homes, physical or mental disability is commonplace. These common factors make many residents susceptible to abuse from caretakers, family members, or even strangers. When abuse is suspected, the most important thing loved ones could do is to ensure the safety of the nursing home resident. Once they are secure, a Moncks Corner nursing home abuse attorney could help the family of the victim pursue monetary damages against the responsible party.
Abuse in a nursing home takes many forms. The most common types of Moncks Corner nursing home abuse include:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Financial abuse
Physical abuse is the unlawful use of force that results in bodily injury or pain. Physical abuse goes beyond any authorized medical treatment. It commonly involves punching, hitting, or choking. The unnecessary use of physical or chemical restraints also constitutes as examples of physical abuse. Physical abuse signs include unexplained injuries or unexpected substances appearing in lab results.
Emotional abuse, also known as psychological abuse, is abuse related to words or actions instead of physical violence. Examples of emotional abuse are verbal or nonverbal communication causes a resident fear, humiliation, or harassment.
Nursing home sexual abuse is defined as non-consensual sexual contact between a resident and other party. Many nursing home residents are mentally incapable of giving consent. Any sexual contact from a nursing home caretaker is considered sexual abuse.
Nursing home residents in South Carolina have the right to manage their finances. However, many residents are susceptible to fraud or theft. Financial abuse is the improper taking or use of a resident’s money or property. In some cases, residents are forced to rewrite their will to favor their abuser. This constitutes fraud in many cases.
Neglect occurs when a caretaker fails or refuses to fulfill their duties to the resident. In some cases, neglect occurs due to staffing issues caused by the facility management. In other cases, neglect is due to a careless or reckless caretaker. In either case, a Moncks Corner nursing home abuse attorney may be able to pursue a case for compensation.
Statute of Limitations for Nursing Home Abuse Cases
There is a limited amount of time to file a nursing home abuse case. In South Carolina, the statute of limitations places a limit on the time a victim or the loved ones of a victim may file a nursing home abuse lawsuit. If the plaintiff files the lawsuit after the statute expires, the court has the right to dismiss the case permanently.
According to South Carolina Statute 15-3-530, a plaintiff must bring a nursing home abuse lawsuit within three years of the date the abuse is discovered or should have been discovered.
Contact a Moncks Corner Nursing Home Abuse Attorney
If you or your family member is a victim of nursing facility abuse at their nursing home, they deserve compensation for their injuries. It is critical the abuser is held accountable to prevent this abuse from happening again. To begin the litigation process, contact a Moncks Corner nursing home abuse lawyer right away.