Every resident in Myrtle Beach’s nursing homes has certain rights under the law. Many of these rights derive from state statutes that enumerate the obligations of nursing homes to treat their residents with dignity and care. Others are the product of the widespread duty of these facilities to prevent injuries that arise out of accidental harm.
Sadly, failures on the part of nursing homes to keep their residents safe are common. When these failures occur, and the resident suffers an injury, that facility is liable to provide appropriate compensation.
A Myrtle Beach nursing home abuse lawyer may be able to help residents and their families to pursue lawsuits that demand proper payments. Legal professionals could handle every portion of the claim to protect the rights of residents and to seek compensation in and out of court.
The Rights of Nursing Home Residents in Myrtle Beach
The number of senior citizens in the Myrtle Beach area is growing. With this increase in population, more and more people rely on nursing homes to provide both skilled nursing care and a safe living environment. It is no wonder that the State has taken an interest in ensuring that these facilities are taking proper care of their residents.
These laws are present in South Carolina Code §44-81-40. This lengthy statute outlines the various rights of nursing home residents and the obligations that facilities have to adhere to those rights. Examples include:
- The right to choose their doctors
- The right to refuse to receive treatment
- Providing a proper chance to socialize with other residents
- The right to receive visitors
- Transfers to other facilities are legal only when the resident must move for medical reasons or for non-payment after 30 days
In addition to these rights under State statute, nursing homes also have a common law obligation to provide a safe living environment. This can include providing skilled assistance with activities such as bathing, dressing, and eating, as well as keeping the facility in a proper state of repair. A Myrtle Beach nursing home abuse attorney could provide more information about the rights of residents.
Examples of Actions that May Count as Abuse
At a general level, every nursing home must give their best effort at protecting residents from harm. However, due to either mistakes or intentional misconduct, injuries that affect residents are common.
Mistakes can take on many forms. Something as simple as not properly noting a medication dosage on a medical chart could lead to serious health complications. Injuries can also result from momentary lapses of judgment when moving a resident from a bed to a wheelchair. Finally, accidental injuries can take the forms of slips and falls or other incidents where an aide was not properly watching the resident.
Of course, abuse can also be the result of intentional misconduct. Unfortunately, nursing homes tend to attract many people who wish to retain a feeling of authority over others. Working as a nursing home aide can give many predators this opportunity. A nursing home that allows an attack to occur may be liable under theories of a failure to properly screen staff or a failure to provide proper training. A Myrtle Beach nursing home injury attorney could help to investigate the cause of an injury to determine whether a nursing home’s failures contributed to a loss.
Reach Out to a Myrtle Beach Nursing Home Abuse Attorney Today
There is no question that nursing homes in Myrtle Beach have an absolute duty to care for their residents. This includes preventing predators from intentionally harming patients as well as providing all necessary care to prevent accidents. Sadly, the rate of injuries for residents remains common. Nursing homes are liable for these accidents and must provide payments for the costs of medical care and any resulting emotional trauma.
A Myrtle Beach nursing home abuse lawyer could help residents and their families to pursue these claims for damages. Experienced counsel could work to investigate the cause of an unexplained injury or mental condition and link it to negligent or criminal acts. Armed with this evidence, an attorney could then help to pursue fair payments in and out of court. Contact a Myrtle Beach nursing home abuse lawyer today to learn more about elder rights in nursing homes.