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Nursing home residents deserve to live with dignity and respect, but it is an unfortunate truth that many nursing homes in York County routinely fail to provide this level of care. Not only is this irresponsible, it is also illegal.
Every nursing home has a legal duty to provide a safe living space free from accidental injury and intentional abuse. If a nursing home fails to uphold this duty, that company is liable for any resulting damages.
A York County nursing home abuse lawyer may be able to help if you or a loved one has suffered from abuse while living in a senior care facility. An attorney could gather evidence concerning the abuse, explain your legal rights, and fight to protect those rights.
The Duties of York County Nursing Homes
The rights of residents in nursing homes are clear, and South Carolina’s Legislature has codified those rights into law. According to South Carolina Code §44-81-40, every nursing home resident has the right to:
- Receive a written notice of their rights
- Be informed of all available services
- Participate in their own care
- Remain free from physical or mental abuse
- Receive care in a dignified manner
If a nursing home fails to meet this standards, and a resident suffers as a result, the victim can file a civil suit against the facility demanding compensation. A York County nursing home abuse lawyer could provide more information about a nursing home resident’s rights and how to work towards setting things right.
Examples of Nursing Home Abuse
Nursing home abuse generally falls into one of two categories. The first and more prevalent of the two covers injuries that occur because of negligence. All nursing homes have a duty to take precautions against accidental harm that may affect their residents. Prime examples can include slips and falls, malnourishment or dehydration, and bedsores. Just because a nursing home does not intend to cause these injuries does not mean it is not legally liable. Because nursing homes carry a high level of duty to provide protection, any failure to do so may give rise to a claim for damages.
Of course, injuries that are the result of intentional abuse are also serious. Nursing home staff may use unapproved disciplinary methods, strike out at residents, or otherwise abuse patients. When this occurs, a nursing home is also liable for not taking proper precautions to ensure a safe living space for a resident. A York County nursing home abuse attorney could help to investigate the causes of a resident’s injuries and connect those injuries to a failure on the part of a nursing home to provide protection.
A York County Nursing Home Abuse Attorney Could Help Residents Stand Up for their Rights
Every resident in a York County nursing home enjoys protections under the law. These include the right to live in a safe space and to remain free from neglect or intentional abuse. A facility that fails to provide this protection may be liable for any resulting injuries.
A York County nursing home abuse lawyer could help you or a loved one investigate the cause of the injuries and take appropriate legal action to demand compensation. SC Code Ann. §15-3-530 provides just three years from the date of an injury to pursue a claim, and nursing home abuse cases can be complicated. Contact Schiller & Hamilton today to get started.