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Many families put their elderly loved ones in nursing home facilities to meet their loved ones’ medical needs when they cannot afford an individual caretaker at home. However, residents in these institutions are vulnerable, making them prime targets for abuse and neglect when these facilities are understaffed or negligent in care supervision.

If you or a loved one experienced abuse or neglect in a Spartanburg nursing home, you might have legal options to hold the institution and/or staff liable for the abuse. A Spartanburg nursing home abuse lawyer from Hammack Law Firm can handle your case and advocate for compensation so that the appropriate parties can be held accountable for their negligence.

What Is Nursing Home Abuse?

Nursing home abuse can manifest in several ways. According to the World Health Organization (WHO), two-thirds of nursing home staff reported they committed abuse or neglect in the past year. However, the actual number of abuse victims largely goes unreported.

The types of violence elderly abuse victims experience may discourage them from stepping forward. In some cases, victims may not have the cognitive ability to do so (e.g., victims with dementia), so it is important to recognize symptoms of elder abuse. The National Institute on Aging (NIA) lists abuse categories as:

  • Psychological abuse: Also referred to as emotional abuse, involves actions that can cause psychological damage to victims, such as yelling, threatening, preventing victims from having contact with friends in the institution or even family members.
  • Physical abuse: Physical abuse involves actions that cause harm to the victim’s body. Victims may have bruises, cuts, burn marks, and other unexplained injuries. In other cases, victims may be restrained against their will or even locked inside spaces where they have no means of escaping.
  • Sexual abuse: Sexual abuse can involve sexual acts performed against the victim’s consent. While this category does include sexual assault, it can also include actions where the offender exposed the victim to sexual content (e.g., pornography) or sexual acts.
  • Financial abuse: Financial abuse can involve extortion, theft, and forgery, among other forms of manipulation to take money from the elder adult. In some cases, staff members may take advantage of an elder’s mental limitations to change beneficiary information to their name to receive inheritances from the victims.
  • Neglect: When caregivers and nursing home institutions fail to meet the basic needs of their residents, they may be held liable for neglect. Victims of neglect may show signs of poor hygiene, hunger or poor nutrition, and social isolation. In serious cases, elderly victims may be completely abandoned without a care plan set in place.

Who Can Be Held Liable for Abuse in a Nursing Home?

The following parties may be held liable for elder abuse or neglect:

  • The caregiver or staff member who caused the abuse or neglect
  • The nursing home facility, including the owners
  • The medical staff responsible for the victim’s care
  • Other nursing home residents who contributed to the abuse or neglect
  • Guests at the nursing home facility

Our legal team will investigate to see who may be held liable for the abuse, then file a notice about your intention to sue as we build your case.

What Damages Can I Pursue in an Elder Abuse Case?

You may receive compensation for these types of damages in a nursing home abuse claim or lawsuit:

  • Medical expenses
  • Property damage
  • Loss of income, including Social Security benefits or retirement pensions
  • Pain and suffering
  • Loss of enjoyment in life, including former hobbies and activities
  • Permanent disability
  • Emotional distress, including psychological trauma

After reviewing your nursing home abuse claim, other damages may be more specific to your case, which we will discuss with you. For example, if you had to move your loved one to a separate nursing home further away, you may receive compensation for mileage costs to visit your loved one period.

What Services do Nursing Home Abuse Lawyers Provide?

When you decide to work with our firm, we work hard to build a comprehensive case that reflects the damage you or your loved one experienced at the nursing home.

We aim to help let victims’ voices be heard through our legal representation and offer various services to fulfill this duty, which includes:

  • Investigating your case to determine who may be held liable for the nursing home neglect or abuse (or medical malpractice in some cases)
  • Retrieving evidence to support claims made in your case, such as video footage, witness testimony, and medical records
  • Handling communications with the defendant, their legal attorney, or their insurer
  • Filling out paperwork and performing other administrative tasks to prepare your case for litigation
  • Attending negotiation meetings to discuss settlement terms
  • Attending court hearings to present your case in front of a jury if a settlement cannot be reached

Our lawyers remain attentive to our client’s needs because we care about them as we would our friends and family. You can read more about how compassionate and empathetic we are in our Google reviews, like this recent one:

“I could have not asked for a better law firm to defend me. Paul Hammack is the kindest spirit I could ask for. My paralegal Yesica is also a kind spirit that support me all through my lawsuit. I would recommend Hammack Law Firm to anyone who needs a lawyer. Thank you, guys. You’re the best.” – Deborah Phillips

South Carolina Law Limits Your Time to Take Legal Action Against the Abuser

Per S.C. Ann. § 15-3-530, plaintiffs generally have three years to file their nursing home abuse lawsuit. This filing period may start from the date when the abuse allegedly occurred or when you discovered the abuse took place.

Failure to submit your lawsuit within this timeframe could lead to your case’s dismissal. As such, when our legal team manages your case, we will take appropriate actions to file your case as soon as possible to avoid this outcome.

Let a Nursing Home Abuse Attorney Get Started Building Your Case Today

If you or a loved one is a victim of nursing home abuse, you may have options to take legal action against the nursing home facility and/or any other party who contributed to the abuse. A nursing home abuse attorney from Hammack Law Firm can review your case to identify who may be held liable, then help you build a case against them.

Call (864) 326-3333(864) 326-3333 today to start your legal journey with a free case review.

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