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Assisting in the care of an elderly individual requires a trust from the patient and their family. Unfortunately, there are certain circumstances where staff members fail to adequately care for or even neglect the people who rely on them.
If you or a loved one suffered from assisted living abuse or neglect, you might benefit from the advice and counsel of a Rock Hill assisted living abuse lawyer. It could be difficult to determine how to seek relief on your own, but there are legal options available to you with help from a local personal injury attorney. Reach out today to learn the ways an attorney could help.
Negligence Theory
One of the leading causes of abuse in Rock Hill assisted living facilities is neglect. Neglect occurs when a caregiver or a caregiving facility physically or emotionally fails to meet their duties.
In order to bring a successful claim for negligence, a plaintiff must prove the following four elements by a preponderance of the evidence:
- Duty
- Breach
- Causation
- Harm
Duty and Breach
The first step in holding a defendant liable for neglect is to show that they owe a duty of care. Unless a caregiver is a medical professional, they typically owe a duty to care for their patient as a reasonably prudent caregiver would act under similar circumstances. If a caregiver fails to uphold their duty of care, they are said to be in “breach.” Breach of duty is a critical component of a personal injury case based on negligence.
Causation and Harm
The second step is to show that the defendant’s negligent conduct was the proximate and actual cause of the plaintiff’s injuries. In other words, the defendant’s negligence must be the legal cause and the factual cause of the injuries. The plaintiff must also have suffered harms or losses that are compensable in court.
Seeking Damages for Assisted Living Abuse in Rock Hill
Assisted living abuse plaintiffs in Rock Hill could seek economic and noneconomic damages for the harm they suffered. Economic damages are monetary losses that could be shown through documentation, including the following:
- Medical bills
- Lost wages
- Out-of-pocket expenses
- Loss of future earning potential
Noneconomic damages compensate injured parties for emotional losses. Noneconomic damages might include compensation for pain and suffering, emotional distress, or loss of enjoyment of life. Courts typically look at a set of factors to determine their value, including the severity of the injury and jury verdicts in similar cases.
Contact a Rock Hill Assisted Living Abuse Attorney Today
Abuse and neglect could have a debilitating impact on assisted living residents. The pain, alienation and emotional toll that such abuse takes could be overwhelming. It might feel like you are alone in your suffering, without anyone that you could turn to for help.
Fortunately, you could turn to the counsel of a Rock Hill assisted living abuse lawyer. They could help you stand up and fight for your right to be free from abuse. They could help you evaluate your situation and weigh your potential options for recovery. Call Schiller & Hamilton today to discuss your case.