Nursing homes have a duty to provide considerate and competent care to all their residents. Injuries frequently happen as a result of negligence, medical malpractice, or intentional abuse. These incidents may leave individuals and their families confused, worried, and overwhelmed. If you or a loved one has suffered a personal injury during care at a nursing facility, you might benefit from speaking with a Mount Pleasant nursing home abuse lawyer about your rights.
A compassionate injury attorney understands the challenges you face and wants to help. You and your family should not have to navigate the complex legal system alone in search of recovery. A lawyer could help to answer your questions and concerns, inform you of your rights, and gather sufficient evidence to file a successful claim.
The Responsibilities of Nursing Homes
Nursing homes have a legal duty to keep their residents safe. With the variety of medical conditions residents may have and the unique care they require, this duty comes in many forms. As such, the intentional or unintentional neglect or abuse of this duty could be grounds for legal action.
A nursing home must provide skilled care. This care includes but is not limited to, the proper administration of all prescribed medication, the participation in physical therapy as needed, and if necessary, the application of adequate wound dressing. A failure to meet these standards of care could result in a malpractice claim. As dictated by the South Carolina Code of Laws §15-79-110 (6), malpractice occurs when a medical provider does not act in a reasonable manner that a similar provider would.
Another source of injury is the infliction of intentional physical harm. Abusive staff may injure residents if they use unapproved restraints, intentionally ignore calls for help, or in extreme cases, the strike a resident. Some homes fail to properly perform background checks on new employees, which could result in staff members with a history of violence or abuse being in direct contact with patients. Since nursing home owners are responsible for the actions of their employees, a lawsuit alleging intentional abuse might be able to name the abusive employee and the nursing home as multiple at-fault parties. An attorney in Mount Pleasent could assist residents and their families with filing a nursing home abuse claim.
Not every injury inflicted is intentional. Many injuries are the result of unintentional negligence. This could include the contraction of bed sores, malnutrition, and slips and falls. Nursing homes must take steps to ensure residents are not harmed due to neglectful maintenance of the premises and its facilities. They must also ensure they follow proper dietary and nutritional schedules. A failure to take these steps may be the basis for a lawsuit on the legal theory of negligence. An experienced Mount Pleasant attorney may be able to gather evidence of negligence to build a strong nursing home abuse case.
Possible Damage Recovery in Mount Pleasant
When seeking a claim, residents and their loved ones may be able to request recovery for various kinds of damages. This could include requests regarding physical ailments. This could include bruises, broken bones, bedsores, and other forms of personal injury.
With pain and suffering, recovery could be sought for economic losses due to medical bills, physical therapy, and additional treatments. Emotional distress, which could include the loss of enjoyment of life, may be included in a claim for compensation.
Let a Mount Pleasant Nursing Home Abuse Attorney Help
Incidents of abuse in nursing homes are unfortunately common. If you or someone you love is the victim of abuse or mistreatment within a nursing facility, you should not have to suffer without compensation. There are legal means available to help recover for your damages. A dedicated Mount Pleasant nursing home abuse lawyer could help to explain your legal rights, consider evidence, and determine if you have cause for a legal claim. A team of proactive attorneys may be able to help you navigate the complex legal system and seek proper compensation for your suffering. Call today for more information.