When a family member is no longer able to care for themselves, their loved ones often turn to facilities that they can trust to provide attentive, high-quality care. Unfortunately, while nursing homes are required to uphold regulated standards of care, some fail to do so, which can result in serious harm to residents. If you suspect a loved one has been neglected in South Carolina, it’s important to understand how nursing home negligence lawyers prove neglect and how experienced attorneys, such as Matthew Breen of Lowcountry Law, LLC, can help.
What Is Nursing Home Negligence?
The South Carolina Department of Health defines nursing home negligence as a failure of a direct care staff member or care volunteer to provide the care, goods, or services necessary to maintain the health or safety of a resident. Unlike intentional abuse, negligence is about failure to act. Unfortunately, these failures can lead to injuries, infections, emotional trauma, or even death.
Families should watch for these common red flags of nursing home neglect:
- Unexplained injuries such as bruises, cuts, or broken bones
- Bedsores or pressure ulcers
- Sudden weight loss or signs of dehydration
- Poor hygiene or soiled bedding
- Fearfulness around staff
- Infections or worsening medical conditions without explanation
- Lack of communication from the facility
If you notice any of these warning signs or something just doesn’t seem right, trust your instincts and take action immediately. Prompt documentation of these signs is pivotal to proving neglect. Take photos, keep notes, and report concerns to the South Carolina Department of Health.
How Nursing Home Negligence Lawyers Prove Neglect
To build a strong nursing home negligence claim, proof of failure to provide quality patient care must be documented. In South Carolina, nursing home negligence lawyers must demonstrate four key legal elements:
Duty of Care
In South Carolina, every nursing home has a legal and ethical obligation to provide a reasonable standard of care to its residents. In brief, this includes offering appropriate medical services, hygiene support, food & water, safety measures, and proper supervision. When a facility accepts a resident, it enters into a legal relationship that establishes this duty. Importantly, the duty extends to all staff members, including physicians, nurses, aides, and maintenance workers.
Additionally, facilities must create personalized care plans, regularly monitor each resident’s condition, and respond promptly to medical or personal needs. Failing to meet these responsibilities can form the basis for a negligence claim.
Breach of Duty
Once a duty is established, it must be shown that the nursing home breached that duty. A breach occurs when the facility or its employees fail to act as a reasonable caregiver would under similar circumstances. To clarify, common breaches include:
- Improper medication administration
- Ignoring call lights or emergency requests
- Allowing malnutrition or dehydration
- Maintaining unsanitary conditions or hazards
- Failing to prevent falls or wandering
Even a single breach can have devastating consequences. South Carolina’s nursing home regulations establish specific benchmarks for adequate care, and any failure to meet these standards may qualify as a breach.
Causation
Next, nursing home negligence lawyers must demonstrate that the breach of duty directly caused harm to the resident. Causation can be straightforward, such as when a failure to turn a bedbound resident results in pressure sores. In other cases, it may be more complex, involving delayed treatment or improper monitoring that led to severe complications.
To prove causation, attorneys often gather:
- Medical records showing a change in condition
- Staff logs or incident reports
- Testimony from medical experts
- Statements from witnesses or family members
Establishing a clear, documented link between the breach and the resulting harm is the foundation of a successful nursing home abuse claim.
Damages
Ultimately, it must be demonstrated that the resident suffered measurable damages. These can be physical, emotional, or financial in nature. Common examples include:
- Physical injuries such as broken bones, infections, or bedsores
- Emotional trauma, including anxiety, depression, or fear
- Financial losses from medical bills or increased care needs
- Wrongful death
In some cases, punitive damages may also be awarded if the conduct was especially reckless or malicious. South Carolina law imposes certain limits on damages, but skilled nursing home negligence lawyers can help maximize compensation within these limitations.
Experienced Nursing Home Negligence Lawyers Will Fight For Your Case
Dealing with nursing home negligence can be stressful and complex. Attorney Matthew Breen at Lowcountry Law, LLC, is here to simplify this challenging process. His extensive knowledge of nursing home regulations empowers him to provide strong representation both in and out of court, ensuring peace of mind during difficult times.
If you or a loved one has suffered from nursing home neglect, Attorney Breen and his team are here for you. Schedule a free consultation today and let our firm guide you toward justice and peace of mind.
