Jasper Nursing Home Abuse Attorney
Abuse is an unfortunate but common reality for nursing home residents in Jasper and throughout the state of South Carolina. If your loved one has suffered abuse while living in one of these facilities, they could be entitled to compensation. The monetary damages they recover could help address the hardships they have suffered due to the abuse or neglect.
Your loved one does not have to seek justice on their own. A personal injury attorney in Jasper, South Carolina can help you and your family pursue a fair outcome and hold the nursing home accountable. Let a Jasper nursing home abuse attorney from our firm advocate for your loved one during this difficult time.
You Can Report Suspected Nursing Home Abuse to the Authorities
There are different steps to take if you suspect your loved one is the victim of nursing home abuse or neglect. While it is always important to seek out legal counsel, such as a nursing home abuse lawyer, to pursue justice on behalf of your loved one, you also can report the abuse to state authorities.
Nursing home abuse is a crime, and you have the option to notify law enforcement that serves Jasper and the surrounding areas. However, certain state agencies are also explicitly tasked with pursuing nursing home abuse allegations.
For example, you can contact the Adult Protective Services division of South Carolina Social Services to report abuse. You can also contact the South Carolina Department on Aging (SCDOA). SCDOA has a Long Term Care Ombudsman Program that accepts and assists with complaints based on allegations of abuse or neglect for nursing home residents.
For a free legal consultation, call 803-222-2222
Nursing Home Residents in Jasper Have Rights
The state has adopted several legal protections for the residents of nursing homes. These protections largely mirror federal law and are designed to ensure a resident is treated with dignity and given the freedom they deserve to live their life to the fullest.
You can learn more about the protections for nursing home residents in South Carolina by reading the law referred to as the “Resident’s Bill of Rights” or S.C. Ann. § 44-81-20 et. seq. This law outlines rights guaranteed to nursing home residents in South Carolina. Some of these rights include:
- Being treated with dignity and respect
- The right to choose your physician
- The right to privacy during medical treatment
- Security in storing your belongings
- Privacy when visiting with family members
- Confidentiality for your personal records
- The right to raise grievances
One of the most important rights guaranteed to South Carolina nursing home residents is the right to live free from physical or mental abuse. This civil liberty includes the right to be free of the unnecessary use of physical or chemical restraints.
Despite these protections, abuse can still occur in nursing homes. If your loved one had their rights violated in a Jasper nursing home, they could be entitled to pursue a lawsuit against the perpetrator as well as the facility for allowing the abuse to happen.
State Law Limits the Time You Have to File a Nursing Home Abuse Lawsuit
When abuse occurs, there is a limited time window for pursuing justice. The deadline for lawsuits is commonly known as the statute of limitations. The statute of limitations applies to all civil lawsuits in South Carolina and serves as a firm deadline for cases, including personal injury and nursing home abuse. If your loved one files their lawsuit after the deadline passes, they could miss the chance to recover compensation for their injuries.
In Jasper, the statute of limitations is governed by S.C. Ann. § 15-3-530. This statute provides plaintiffs three years to file their lawsuit in most cases. However, when this window begins depends on when the abuse occurred and when the abuse was noticed.
The failure to file a nursing home abuse lawsuit on time could be devastating for an abuse case. Frequently, the court has little choice but to permanently dismiss an abuse lawsuit if it is filed out of time.
Types of Nursing Home Abuse May Vary
There are many ways that abuse or neglect could manifest in a long-term residential facility. Learning the warning signs may prevent or protect your loved one from suffering harm. Some acts of nursing home abuse are intentional, while others stem from carelessness or negligence. Regardless, you could pursue justice for your loved one based on the abuse they sustained in their nursing home.
#1. Physical Abuse
Physical abuse involves any physical harm that comes to a resident. This type of abuse could include a violent assault or the unnecessary use of restraints.
#2. Sexual Abuse
Any sexual contact or exposure that is not consensual is sexual abuse. Unfortunately, sexual abuse is common among nursing home residents who are unable to consent or even communicate due to their disabilities or cognition.
#3. Emotional Abuse
Some forms of abuse are purely emotional. This abuse does not leave physical marks, but the results can still be devastating. Common examples of emotional abuse in a long-term facility include verbal abuse or ignoring the needs of a nursing home resident by refusing to assist or isolating them.
#4. Financial Abuse
Financial abuse involves any unlawful theft or use of a resident’s financial assets. This could include stealing from their room or altering important legal documents like a deed or will.
Neglect is the failure or refusal to provide a nursing home resident with the basic care they require. This includes food, hygiene, water, and medical care, among other things. Some acts of neglect are intentional, while others stem from a facility’s negligent care.
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We Advocate for Victims of Nursing Home Abuse
No nursing home resident should have to face abuse or neglect. This conduct can leave lasting physical and emotional scars, which says nothing of the financial impact abuse can have. If your loved one is the victim of nursing home abuse, they deserve a personal injury attorney in Jasper, South Carolina, who will aggressively fight for them.
Are you asking yourself, “How do I find a nursing home abuse attorney near me?” If so, our firm is proud to answer your question. You can learn more about our track record by reviewing our case results page. When you are ready to schedule a free consultation with a Jasper nursing home abuse attorney, reach out to the Anastopoulo Law Firm for a free consultation today. Call us at (800) 313-2546.