Proving Negligence in a South Carolina Nursing Home Abuse Case
When a loved one enters a nursing home, families trust the facility to provide quality care, dignity, and safety. Unfortunately, that trust is sometimes broken due to negligence or abuse. If you believe your loved one is being mistreated, you may be wondering how to hold the facility accountable. In this post, we’ll explain the process of Proving Negligence in a South Carolina Nursing Home Abuse Case, and why having a nursing home abuse attorney is essential to building a strong case.
What Is Nursing Home Negligence?
Nursing home negligence occurs when a facility or its staff fails to meet the expected standard of care, resulting in harm to a resident. This includes:
- Inadequate medical treatment
- Poor hygiene or sanitation
- Malnutrition or dehydration
- Failure to prevent falls or infections
- Emotional or physical abuse by staff or other residents
To prove negligence in a legal setting, you’ll need to show that the nursing home had a duty to care for the resident and failed to meet that duty, resulting in injury or suffering.
Legal Elements of a Negligence Claim
To succeed in a nursing home abuse case, your nursing home abuse attorney in Columbia, SC must prove four key elements:
1. Duty of Care
The nursing home has a legal obligation to provide reasonable care and ensure the safety of its residents. This duty is established by the facility’s contract, licensing, and South Carolina state laws.
2. Breach of Duty
You must demonstrate that the facility breached its duty by failing to meet established standards. This could involve understaffing, failure to monitor residents, or ignoring medical needs.
3. Causation
It must be proven that the nursing home’s negligence directly caused the resident’s injury. This can be complex, especially if the resident had pre-existing health conditions.
4. Damages
There must be measurable harm—such as medical bills, physical injuries, emotional trauma, or even death. Photographs, medical records, and witness statements can help establish these damages.
Common Types of Evidence in Nursing Home Negligence Cases
Building a strong case requires detailed documentation. Your Columbia nursing home abuse lawyer will work with you to gather:
- Medical Records – Documentation of injuries, infections, or sudden health changes.
- Photographic Evidence – Images of bedsores, bruises, or unsanitary conditions.
- Staffing Logs – To show if the facility was understaffed or failed to supervise residents.
- Witness Testimony – From employees, other residents, or family members.
- Surveillance Footage – If available, video evidence can be critical.
Challenges in Proving Nursing Home Negligence
Proving negligence isn’t always easy. Nursing homes may try to:
- Hide or destroy evidence
- Deny wrongdoing or blame pre-existing conditions
- Intimidate witnesses
- Offer lowball settlements
That’s why having an experienced nursing home abuse attorney is vital. Your attorney can subpoena documents, work with medical experts, and build a case that stands up in court.
What Compensation Can You Recover?
If you successfully prove negligence, your loved one may be entitled to compensation for:
- Medical expenses
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Funeral expenses (in wrongful death cases)
Punitive damages may also be awarded in cases involving willful misconduct or gross negligence.
Statute of Limitations in South Carolina
In South Carolina, you generally have three years from the date of injury (or discovery of the injury) to file a nursing home abuse claim. If the case involves a government-run facility, shorter deadlines may apply. Don’t wait—talk to a nursing home abuse attorney in Columbia, SC right away to preserve your rights.
How a Nursing Home Negligence Attorney Can Help You
At Hewett & Diamaduros Law Firm, we have extensive experience holding negligent nursing homes accountable. Our team will:
- Conduct a thorough investigation
- Collect and preserve evidence
- Consult with medical and industry experts
- Handle all communications with the facility and insurers
- Fight for the maximum compensation your family deserves
We offer compassionate support and aggressive legal representation every step of the way.
Get the Help Your Loved One Deserves
Proving Negligence in a South Carolina Nursing Home Abuse Case requires knowledge, dedication, and strong legal support. If you believe your loved one is a victim of abuse or neglect, don’t wait. Contact a skilled nursing home abuse attorney at Hewett & Diamaduros today. Our experienced nursing home abuse attorney in Columbia, SC will listen to your concerns and take immediate steps to protect your loved one.
Your family deserves answers—and justice. Speak with a Columbia nursing home abuse lawyer today.