Mr. Louthian and the Louthian Law Firm provided me with excellent legal services regarding a legal issue with a major corporation.Errick Bethel Sr.
They were very down to earth and friendly, but they meant business. I would definitely recommend them. Thank you, attorney Bert Louthian!Keiron Gibson, Keianna Dukes & Ann Dukes
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Nursing home abuse, neglect, and exploitation nationwide are at levels high enough to shock the average person. According to a report shared by ABC News, 30 percent of all U.S. nursing homes—5,283 facilities—received citations for almost 9,000 cases of abuse over two years. In many cases, the abuse caused real physical harm or placed the abused person in jeopardy of serious injury or death. Documented cases of abuse and neglect ranged from slaps to punches, kicks, and choking, causing severe lacerations and broken bones. Documented cases of neglect involved untreated bedsores, malnutrition, dehydration, and inadequate sanitation and hygiene.
Are you concerned about placing a loved one in a continuing care facility? Do you currently know someone in a nursing home and have reason to be worried? Our FAQs (Frequently Asked Questions) might help you with some of your concerns.
While it is possible that many cases of nursing home abuse, neglect and exploitation go unreported each year, we do have some idea of the prevalence of the problem through the statistics compiled by the state’s Adult Protection Coordinating Council, a group composed of 21 public and private organizations and consumers. The Council’s data shows the following numbers of complaints filed during 2015:
Not at all. Although the majority of people living in nursing homes are age 65 and over, people with other types of serious disabilities, such as traumatic brain injuries, may also reside in nursing homes because their families cannot care for them at home. The South Carolina Vulnerable Adults Investigation Unit of the State Law Enforcement Division, or SLED, received 929 complaints of nursing home abuse for patients of all ages in 2015. Some of the categories with alleged problems include:
I just learned that the nursing home employee who abused my loved one has a criminal record. Shouldn’t the facility have checked on that before hiring them?
According to a recent report by the U.S. Department of Health and Human Services, 92 percent of nursing homes employ one or more individuals who have been convicted of at least one crime. In South Carolina, anyone who is paid by or who has a written contract to provide “hands-on” care to a resident, patient, or client must have a criminal background check. Most applicants qualify for only a state check; federal checks are required only of applicants who have not been a resident of South Carolina or another state for at least 12 months. The decision of whether or not to employ a person after having the background check done is left up to the employer. However, there are a few notable exceptions, including this one: A facility, if it wants to secure and keep a SC state license to run a nursing home, cannot hire any person who was ever convicted of, or who pled “no contest” (nolo contendere) to, a charge of “child or adult abuse, neglect, or mistreatment, or any other felony.”
Any of the following behaviors or actions can be classed as abuse, and any caretaker in any facility or care situation can be guilty of them:
If you observe any of the following signs with regard to your loved one who lives in a nursing home or assisted living facility, you would be wise to explore the situation to determine whether the facility is properly caring for them:
Nursing homes must be licensed by the SC Department of Health and Environmental Control, which sets standards they must meet in many areas, such as training, record keeping, medication management, food service, infection control, and building design. All facilities are subject to inspection or investigation at any time, without prior notice. These reports are available to the public upon written request.
If you have a concern about the operation of a facility, you can call the South Carolina DHEC at (803) 898-DHEC (3432). If you suspect that your loved one has been the victim of physical, sexual or psychological abuse, financial exploitation, neglect or abandonment, contact the SC Lieutenant Governor’s Office on Aging at (803) 734-9900.
More information on elder abuse can be found at the websites for South Carolina Adult Protective Services, the National Center on Elder Abuse, and the South Carolina Lieutenant Governor’s Office on Aging.
If you feel uneasy or anxious about what you observe at the facility, or if your loved one tells you they are being abused or neglected, you should consider investigating further.
When someone you care about has been hurt, it can feel like nothing will ever be right or fair again. When this happens, the nursing home injury lawyers at the Louthian Law Firm can review your legal options after a personal injury and work with you to determine the most appropriate next step.
The corporation’s lawyers may try to dispute abuse and neglect claims, but we at the Louthian Law Firm have represented victims of neglect or abuse in retirement homes, and we understand how to deal with such negligent facilities and the attorneys who represent them. While a lawsuit cannot heal bedsores or restore someone’s health, a South Carolina nursing home abuse claim can help recover the large sums spent on a neglectful or abusive nursing home, as well as the medical bills created by that abuse or neglect. You may also be able to hold the abusers accountable for the pain and suffering they caused, for relocation costs, and for wrongful death.
For a free consultation, call our Columbia nursing home injury attorneys today toll free at 1-803-454-1200, or use our online contact form.