Charleston Nursing Home Abuse Lawyer
Negligence, or an unintentional lack of care, is the foundation of most injury claims. Nursing home abuse is different. Abuse might not be a malicious act. But it is always intentional. As a result, compensation is usually rather high in these cases. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
At the Gus Anastopoulo Law Firm, our compassionate Charleston nursing home abuse lawyers understand the intense pain and suffering these victims must endure. Many people on our professional team have personal experience in this area. They are abuse survivors themselves or someone in their circle has been a victim. So, we work doubly hard to build a strong case that ensures maximum compensation.
Kinds of Nursing Home Abuse
The environment at many Charleston County nursing homes often leads to abuse. Most of these facilities are dangerously understaffed. Morale is usually quite low in such environments. As a result, the workers often snap. Some common examples of nursing home abuse include:
- Physical: Almost all long-term care facility residents are medically or otherwise frail. If that wasn’t the case, they would probably be in private homes. Because of this vulnerability, a small amount of physical force, like a push or pull, could cause a serious injury.
- Emotional: At one time or another, we have all said things we regret. Frequently, a sincere apology and serious commitment to improve is compensation enough for the victim. But when staffers say things like “you’re all alone here” or “your family has forgotten you,” the victims are usually entitled to financial compensation for their emotional distress.
- Financial: This kind of abuse assumes many forms. For example, many nursing homes launch unnecessary guardianship proceedings, especially if the resident’s family only visits sporadically. The facility hopes to gain complete control over the resident’s asset management and other financial affairs.
Individual staffers are legally responsible for abuse injuries. The facility is financially responsible, at least in most cases.
Third Party Liability
As mentioned, abuse is an intentional area. However, nursing home abuse claims often involve negligence as well. Negligent hiring and negligent supervision are the most common vicarious liability theories in nursing home abuse claims.
Basically, negligent hiring is retaining incompetent individuals. Many nursing homes hire workers without asking too many questions. That’s especially true at understaffed facilities. Underqualified workers are a similar problem. For example, a nursing home might hire a patient care technician for a position which usually requires a licensed vocational nurse.
Special rules apply to hiring employees who have criminal records. These employees are not incompetent as a matter of law. Victim/plaintiffs must introduce additional evidence to establish this element.
As the name implies, negligent supervision is a failure to watch employees. Specific examples include failure to investigate allegations of misconduct and failing to properly discipline employees who break the rules.
Negligence is more than a simple oversight. Negligence is a lack of care. There’s a fine line between these two things. Only an experienced attorney can properly evaluate your claim and tell the difference.
Reach Out to a Dedicated Charleston County Nursing Home Abuse Lawyer
All injury victims are entitled to fair compensation for their serious wounds. For a free consultation with an experienced Charleston nursing home abuse lawyer, contact the Gus Anastopoulo Law Firm. Home, virtual, and hospital visits are available.