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With more than 200 nursing homes in the state of South Carolina, abuse claims are, unfortunately, a common occurrence. Elderly patients are often in no position to consent and may be physically unable to communicate at all. While these facilities have a duty to protect their residents from predators, budget cuts and understaffing care opportunities for abuse.
If your loved one suffered sexual abuse while residing in a Rock Hill senior care facility, a personal injury attorney may be able to protect their rights and assist in recovering compensation for their injuries. Call today and speak with a Rock Hill nursing home sexual abuse lawyer to learn more.
Legal Rights of Nursing Home Residents
The residents of nursing homes in Rock Hill enjoy thorough protections under state and federal law. These laws are designed to foster a safe environment and deter would-be predators from attempting to exploit a resident.
Nursing home residents are protected on the state level by South Carolina’s Adult Protection law. This law outlines the rights of nursing home patients and the responsibilities of the facilities they live in.
There are also federal protections against nursing home sexual abuse. In 1987, the United States Congress passed the Nursing Home Reform Act. Combined, these state and federal laws guarantee a variety of protections, including:
- Protection from abuse
- Protection from discrimination
- Full disclosure regarding living arrangements and roommates
- Protection from retribution for filing complaints
- The right to privacy
- The right to make certain lifestyle choices
When these rights are violated, a Rock Hill nursing home sexual abuse lawyer may be able to seek justice and collect financial compensation on behalf of the abuse victim.
Potential Defendants in a Nursing Home Sexual Abuse Lawsuit
When a nursing home resident suffers from sexual abuse, more than one party might be liable. Research regarding sexual abuse in senior living facilities is limited. However, available studies show that sexual abuse of an elder could involve anyone entrusted with caring for an elderly patient.
Often, an employee is responsible for an act of sexual abuse. These employees could include nurses, assistants, or other healthcare providers. Abuse is especially common in facilities that are understaffed or lack the necessary resources. Sexual abuse is more common when oversight is lax.
Nursing facilities, their owners, and their management may also face some liability in a sexual abuse lawsuit. When nursing homes are understaffed, they often lack the resources necessary to keep every resident safe. A Rock Hill nursing home sexual abuse attorney could file a lawsuit against a nursing facility if it violated its duty to keep residents safe from sexual assault.
A facility could also face liability if negligent hiring practices put a resident in danger. Nursing homes have a duty to screen prospective employees for safety risks. If the management or owner of a nursing home negligently hired someone with a criminal record or past abuse allegations, an attorney could hold them responsible through litigation.
Finally, some abuse occurs at the hands of family members. These assaults are possible in many cases due to the inability of elderly patients to resist or communicate with authority figures.
Call a Rock Hill Nursing Home Sexual Abuse Attorney
Few circumstances are more emotionally trying than learning your elderly loved one was victimized. Let a Rock Hill nursing home sexual abuse lawyer pursue monetary damages to compensate your loved one for their injuries and ensure no other family has to experience this trauma. To schedule an initial consultation, call Schiller & Hamilton as soon as possible.