When families are unable to provide adequate care for a senior family member, admission to a nursing home is often the most effective solution. As the families review facilities, the staff and administrators are on their best behavior, and unfortunately, the tours don’t show families what could happen to their loved ones. Nursing home abuse and neglect are unjustifiable, and no one should experience those conditions.
Removing the Loved One from the Care Facility
Upon the discovery of injuries and signs of abuse or neglect, family members must take action to remove the victim from the facility. The family doesn’t have to inform the administrator about why they are taking their senior out of the facility. They can set up an off-site visit without alerting the staff of a problem.
Many unethical workers will try to retaliate against a senior who makes allegations of abuse against them. The family can bring the resident to a doctor for an exam or assessment. The records could substantiate their claim of abuse. A family whose loved one suffered abuse can contact an attorney for guidance after signs of injuries.
Contact Law Enforcement
By calling the police and other authorities and filing a report, the family gets assistance, and a criminal case could start. Adult Protective Services take action whenever a senior becomes a victim of nursing home abuse.
The caseworkers investigate the allegations and review the physical evidence. An officer and the caseworker may visit the facility and determine what worker caused the injuries. Physical evidence of assault and battery or sexual assault gives the officers grounds to make an arrest.
Contact An Attorney
Lawyers can help the family file a negligence claim against the nursing home, the staff, and the administrator. The civil lawsuits could give the senior compensation. It covers the medical expenses, the cost of moving them to a safer facility, any upfront costs for getting them into a new facility, and any temporary in-home care required for the patient. If a family member had to stand in as a caregiver, they could be reimbursed for any wages they lost. To better understand their legal options, families might find it helpful to consult with nursing home negligence lawyers experienced in these types of claims.
Calculate All Financial Losses
When submitting a legal claim, the client must provide documented evidence of all financial losses due to the abuse or neglect. Medical expenses for treating the resident’s injuries require invoices from the doctor. If the nursing home didn’t refund money to the senior or their family for the current month of care, these costs are added to the claim. If the victim needs physical therapy or specialized medical services, these costs must be disclosed to the court.
Will Formal Charges Apply?
Nursing home neglect, abuse, assault and battery, and sexual assault are all classified as felonies in the state of South Carolina. The states issued laws that protect the vulnerable from criminals who take on a caregiver role and cause harm. If convicted of the criminal infractions, the perpetrator will face a prison sentence and a fine according to the details of the case. With sexual offenses, the criminal will have to register as a sexual predator upon their release from prison.
Seniors should never have to face detrimental circumstances in a nursing home. Hundreds of residents fall victim to neglect or abuse every day. If a family member suspects their loved one suffered bodily harm or isn’t getting the care they deserve, it’s time to hire an attorney and take action.
