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Nursing Home Abuse and Neglect Lawyer in Columbia, SC
Many of us rely on caretakers to tend to the needs of our elderly family members. While we assume that our loved ones will be taken care of better in a nursing care facility than at home, that is not always the case.
It is estimated that 40% of nursing home residents are abused or neglected. Mistreatment is not always intentional, and in many cases, it is the result of understaffing. No matter the reason, if you are placing your loved one in a care facility, there is a reasonable expectation that your family member’s basic needs will be met.
If you suspect your family member has been mistreated, do not hesitate to reach out to our Columbia nursing home abuse and neglect lawyers at your earliest convenience.
Examples of Nursing Home Abuse
When we hear about nursing home abuse, we assume the actions are violent in nature. This is only a small percentage of cases.
Common examples of nursing home abuse include:
- Verbal threats
- Denying a patient food or water
- Hitting, shoving, kicking, or physically restraining an elderly resident
- Illegally using an elderly person’s finances (financial exploitation)
- Forced or non-consensual sexual conduct with an elderly resident
Examples of Nursing Home Neglect
While abuse can be thought of as a willful act, neglect is normally classified as a complete disregard for an elderly person’s well-being. Nursing home neglect is the refusal or failure of a caregiver to fulfill essential duties.
Common examples of nursing home neglect include:
- Not routinely washing an elderly person’s clothing
- Failing to bring a patient food and/or water, resulting in dehydration and/or malnutrition
- Failing to routine check on elderly patients
- Not tending to an elderly person’s hygiene
- Not cleaning the care facility
Bedsores as a Sign of Medical Neglect
Elderly patients who are bedridden will need to be turned regularly to prevent blood flow from being cut off from certain areas. If blood does not reach an area for a prolonged period of time, bedsores may develop.
A bedsore may present as any of the following symptoms:
- Skin that looks red or has edema
- Skin that feels warm to the touch
- Skin that burns, hurts, or itches
- An open blister
- Skin that has a crater-like appearance
- Pus-like drainage
- Skin that is severely damaged
Bedsores are more likely to develop in bedridden patients who are not routinely being checked on. Bedsores can develop in any area of the body that has pressure placed on it for extended periods of time. The most common areas are the buttocks, backs, and sides of the legs, backs and sides of the arms, and the back of the head.
Any care facility staff that fails to regularly turn a patient is guilty of medical neglect. Bedsores are just one sign of medical neglect, but it should be a warning sign that something is wrong.
Penalties for Elder Abuse in South Carolina
Under the Omnibus Adult Protection Act, a person who “knowingly and willfully abuses a vulnerable adult” is guilty of a felony and can potentially be jailed for five years. This act applies to all vulnerable adults, not just the elderly. A vulnerable adult is anyone who is at least 18 years of age and has a mental or physical condition that prevents them from taking care of themselves.
South Carolina law also punishes anyone who was aware of the abuse, neglect, or exploitation but failed to report it. Anyone found guilty of failing to report abuse may be fined up to $2,500 and sentenced to one year in prison.
Do You Suspect Abuse or Neglect? Contact our Columbia Nursing Home Abuse and Neglect Lawyers
Nursing home abuse is becoming an increasing concern, with roughly five million elderly persons being abused each year. If you believe that your loved one has been abused or neglected, our legal team is here to help. Contact our Columbia nursing home abuse and neglect lawyers at the Law Office of Sharpe & Leventis to schedule your free consultation.
