South Carolina Nursing Home Neglect Lawyers in Spartanburg
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Nursing home neglect has unfortunately become more and more common. According to the World Health Organization (WHO), 12% of nursing home caregivers have admitted to neglecting residents, yet even further investigation by the WHO estimates that the prevalence of nursing home abuse is up to 15.7% worldwide. At Cummings & Lewis, we provide the highest level of legal representation to our clients facing nursing home neglect claims throughout South Carolina.
What is Nursing Home Neglect?
Nursing home neglect refers to the refusal or failure of a caregiver to fulfill his or her obligations or duties to an older person. This includes providing food, clothing, medicine, shelter, supervision, and medical care and services deemed essential for the well-being of the elderly. According to the Nursing Home Abuse Center, there isn’t only one kind of nursing home neglect, but there are as many as three different types depending on whether they are related to medical, hygiene or basic needs.
What Are Common Types of Nursing Home Neglect?
As for evidence that an elderly person is suffering from nursing home neglect, they can come in many forms, but some of the most common are:
- Dehydration
- Having an unusual loss of weight
- Dressing in clothes that are dirty or unsuitable for the weather
- Having unadministered medication
- Living in dirty or dangerous conditions
- Leaving them alone in public locations, even if it’s for a short time.
How Can a Nursing Home Neglect Lawyer Help?
Nursing home residents are protected by state law: The Omnibus Adult Protection Act, Section 43-35 of the South Carolina Code, protects elderly, ill, or impaired adults, or adults who reside in a facility, from abuse and neglect. This means that nursing home neglect is a serious felony, and therefore you can (and you should) take legal action against it.
Our team of nursing home neglect lawyers has the necessary knowledge to help you by gathering pieces of valuable information that can serve as evidence to build a strong case. For that, Cummings & Lewis lawyers examine medical records and bills, interview potential witnesses, and collect experts’ opinions. The more evidence we gather, the stronger the case will be to determine that a facility or a staff member has been negligent. Once the evidence is done, the nursing home neglect lawyer will handle the next steps of the legal process by filing the lawsuit and making sure that all the documents are correct within the case’s specific deadlines to get fair compensation.
What to Do If You Suspect Nursing Home Neglect
If you happen to have noticed any signs of nursing home neglect upon a member of your family, no matter how subtle they might be, don’t wait a minute to start taking action, because the longer you let it slide, the more serious it could get. Besides, state laws usually limit the time to file a lawsuit for nursing home neglect, so it’s always better to start as soon as possible and avoid taking the risk of running out of time.
At Cummings & Lewis we will guide you through the entire process. Once done, you should book a consultation to further discuss the case and prepare for the next steps.
You must call to your local Adult Protective Services (APS) branch, where a social worker will take note of your concerns and launch an investigation into the resident’s well-being. You can also report the facility in question to South Carolina’s nursing home ombudsman, who is a middleman between facilities and residents who resolves health and safety issues, ensuring the rights of the victim.
Our lawyers gather and analyze vital evidence and work with experts to build a robust case proving the best possible outcome.
Note: In the case of extreme cases of neglect or abuse, where an elderly person has been put at serious risk, don’t hesitate to call the emergency services and/or the police, to help you get the person safe as immediately as possible.
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FOR YOU.
Why Choose Our Nursing Home Neglect Lawyers?
At Cummings & Lewis, you’ll be provided with the services of skilled and accomplished lawyers, with an extended experience in the complexities of Nursing Home Neglect cases. With the most personalized attention and a policy against upfront costs, Cummings & Lewis enhances a client-centered approach, making sure that you get the right guidance and care throughout the entire legal process.
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Nursing Home Neglect FAQs
Although every case is different, when you decide to take legal action against nursing home neglect, you can expect the process to last an average of 18 months up to 2 years, including the investigation, collection of evidence, lawsuit file, negotiation, and, sometimes, the trial.
Apart from the resources for reporting nursing home neglect that have been previously mentioned, there are plenty of organizations that provide advice and tips for families and caregivers in order to find the right nursing home near you, and prevent neglect from happening again. Some of these are Care Compare, The American Association of Retired Persons (AARP), The National Center on Elder Abuse (NCEA) and The National Council on Aging (NCOA).
According to the Nursing Home Abuse Center, some of the most common signs include noticing your loved one manifest extreme hunger or thirst, losing weight, appearing unclean, showing injuries or inexplicable scars, sleeping on dirty bed clothing, and living around hazards such as electrical malfunctioning.
By this point, it should be clear how serious nursing home neglect is. Now that you know how to recognize it and how to legally proceed, don’t wait another minute to take action and enhance the safety and well-being of your loved one.
Alex P. Lewis &
W. Blake Cummings
Named Super Lawyers in 2023
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