Rock Hill Nursing Home Abuse Lawyer

Sadly, many nursing homes fail in their duty care to the residents. This can involve both a failure to provide adequate care and generalized neglect that can result in serious injuries. Considering that residents of Rock Hill nursing homes are already in frail health, nursing home misconduct could have severe consequences.

A Rock Hill nursing home abuse lawyer from Schiller & Hamilton could help if you suffered an injury because of nursing home neglect. They could also work with family members of residents who cannot pursue these claims on their own. With the help of our personal injury attorneys, you may be able to hold negligent nursing homes responsible for their actions.

Nursing Home Neglect

Residents of nursing homes are in a precarious position. They depend on staff for the timely application of medicine and to help them with specific day-to-day activities. The most vulnerable residents are confined to a bed and require assistance with basic functions, such as bathing and eating. As a result, many residents rely heavily upon the help of nursing home staff.

If these staff members fail to provide for a resident’s needs, and that resident becomes injured, the nursing home may be held liable. This is because as residential facilities, nursing homes have a duty to care for the wellbeing of their residents. A failure to provide this care may indicate negligence.

Common examples of injuries in nursing homes that result from negligence or abuse include:

  • Bed sores
  • Malnutrition or dehydration
  • Slips and falls
  • Unexplained bruising or cuts
  • A sudden deterioration in the overall condition

We could help pursue cases for damages against negligent nursing homes.

The Time Limit for Nursing Home Abuse Cases

South Carolina law imposes a deadline for filing a lawsuit against the at-fault party for nursing home abuse. Under S.C. Ann. § 15-3-530, your lawsuit must get filed within three years of the incident or the date of discovery. 

If you miss the deadline, also called the statute of limitations, our state’s law will forever bar you from pursuing compensation from the party who caused the harm. 

The filing deadline is different from negotiating with the nursing home or their insurance carrier. Negotiating does not count as filing a lawsuit. You do not want to fall into the trap of letting the statute of limitations expire while trying to settle your claim. If that happens, you will no longer have a valid case against the at-fault party or their insurer.

Inadequate Care in Rock Hill Nursing Homes

Just as nursing homes must provide for a resident’s day-to-day needs, they also must provide competent medical care. These facilities are required to hire trained staff, have detailed care plans for all residents, and refer patients to doctors or hospitals when necessary. Nursing homes are also authorized to apply medication as needed.

A failure to adequately perform these requirements may indicate medical malpractice. Common instances of medical malpractice in nursing homes include:

  • Improper application of medication
  • A failure to provide proper physical rehabilitation
  • Improper wound care

Proving medical malpractice is a more complex matter than proving simple negligence. Plaintiffs must work with an expert witness who can testify how a nursing home provided inadequate care.

Understanding Medical Malpractice

According to South Carolina Code §15-79-110 (6), malpractice occurs when a medical provider does not act as another reasonable provider would, given the circumstances. Our attorneys familiar with nursing home abuse cases could help connect plaintiffs to expert witnesses who may testify on a resident’s behalf in court.

The Statute of Limitations for Medical Malpractice Cases

Although a different South Carolina law controls medical malpractice lawsuits, the deadline is the same as for nursing home abuse cases. S.C. Code of Laws § 15-3-545 sets the statute of limitations for malpractice cases at three years from the date of the error or the discovery date.

The consequences of missing the statute of limitations for a medical malpractice lawsuit are the same as for any other filing deadline.

You will forever lose the right to pursue compensation from the party who caused the harm if your medical malpractice claim is not settled or get filed as a lawsuit before the statute of limitations expires.

Check Out Our Client Testimonials

Many of our clients are so delighted with our services that they write glowing testimonials about how well we treated them and how hard we worked for them. Here are just a few examples of these testimonials:

“I had amazing service at Schiller & Hamilton. We spent a lot of time together working on my case and they were kind, helpful and responsive. Charlie and his team did an amazing job closing my case, and winning! Highly recommend. Thank you for your help I’m very grateful.” Alexandria A.

“Joel Hamilton and his team are excellent! My son was injured in a car crash and from day one they took care of the details. Aside from the legal components, they also checked in on our emotional status. Our situation was traumatic, scary, and not something we had any knowledge of how to handle. Joel and his knowledgeable and experienced team managed it well.” Alison M.

“I have been using this Law Firm for over a decade and they are hands down the best there is. They always take the time to listen to your problems and needs and help in the most professional manner. Kevin Phillips has been helping me with my latest case and I can honestly say that without him I would have lost my sanity a couple of months ago. Without him I would still be stuck in a miserable position in which I felt I had no control. He has moved thst along expediently. He doesn’t just “take your case”, he actually cares which to me is just as important. If you ever have a problem, this is the Firm to help you.” Fail W.

“Everyone was very professional but most importantly they were kind. From the beginning of my process down to the receiving of my payment, my best interest was placed above the dollar sign. Charlie, Derek and Melissa treated me as if I was one of their close family members. You always want people (a company) like this in your corner!” Sheresa H.

Come find out why our clients rave about our services.

There Are Several Different Kinds of Nursing Home Abuse

Most people think physical injury at the hands of an angry or abusive nursing home employee is the only kind of nursing home abuse that can lead to a claim or lawsuit. In reality, there are several different kinds of conduct that can give rise to a nursing home abuse case:

  • Physical abuse can include any harmful or unwanted contact, like hitting or slapping. The perpetrator could be a member of the facility staff, a fellow resident of the nursing home, or a visitor. The nursing home has a duty to protect its residents from harm. The facility must take action to prevent physical abuse of the residents.
  • Sexual abuse means any non-consensual sexual contact or activity. In addition to forced sexual contact or activity, a resident who does not have the capacity to give consent could be a victim of sexual abuse. A resident might lack the capacity to consent because of dementia, intellectual impairment, or an altered state of consciousness.
  • Emotional abuse can include hateful or hurtful verbal abuse by a nursing home employee, another resident, or a visitor. As with other forms of abuse, the nursing home cannot ignore situations like these.
  • Financial abuse involves the exploitation of people living in long-term care facilities. The nursing home might charge exorbitant fees to a resident who did not receive the services billed or use some other unfair or unethical pricing structure. Theft of personal items or cash or the unauthorized use of the resident’s checking account or credit cards can be financial abuse. There are many additional types of financial abuse of seniors.
  • Neglect can rise to the level of abuse in a nursing home. For example, malnutrition, dehydration, and the failure to administer medication as prescribed can be abusive and cause harm to the resident. Also, understaffed nursing homes might fail to provide appropriate bathing and other personal hygiene care, clean clothing, or fresh sheets and towels.

When abuse happens in a long-term facility, it is often part of a pattern that does not stop on its own. If you suspect your loved one is suffering harm in a nursing home, you might want to talk to our Rock Hill nursing home abuse lawyer.

We can investigate the situation and take action to stop the abuse. Sometimes, it is appropriate to both contact law enforcement and take personal legal action.

Connect with Our Compassionate Lawyers Serving York County Today

Unfortunately, abuse in nursing homes occurs frequently. Whether this involves a general failure to provide for a resident’s day-to-day needs, instances of intentional abuse, or medical malpractice, nursing homes should be held responsible for their actions.

Our firm could help you or a loved one pursue a case for appropriate compensation. An attorney on our team could work to gather evidence of the injury, connect that evidence to nursing home abuse, and demand fair payment. Contact Schiller & Hamilton today to discuss your situation with a team member.

We at Schiller & Hamilton Law Firm hope you and your family are safe & well. We wanted to let our friends and clients know that we are currently working regular office hours. However, in an effort to decrease in-person contact we encourage our clients to schedule an appointment by phone or Zoom. If an in-person appointment is necessary please note our offices are locked so please call our office number upon arriving. Our plan is to continue serving you and your family and providing the same level of professional service you’ve always received from us.
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