Month: December 2013

Stop Nursing Home Elder Abuse in South Carolina

Nursing Home Elder Abuse

Columbia SC Nursing Home Abuse LawyersVery sadly, we have not the resources to care for our elderly loved ones’ with proper supervision all the time like they may need–especially if they have Alzheimer’s or other very taxing disease–which is why we may have to put them into a nursing home. You should feel like you’re getting proper care 24/7 from these homes. Unfortunately, these nursing homes may actually be unsafe and your loved one may experience abuse, neglect, or some other form of exploitation at the hands of a nursing home. Estimates state 700,000 to 3.5 million seniors are abused, neglected or are exploited each year. Despite this horrific statistic, many seniors are too frightened to report their experiences themselves so they stay in their abusive situation. As the population gets older and older as the baby boomers age, this nursing home abuse cannot be tolerated anymore, and an experienced South Carolina nursing home elder abuse lawyer may be able to help you take action, report nursing home elder abuse, and recover damages from injuries or wrongful death.

Taking Action Against Nursing Home Abuse

There are a few ways action can be taken against a nursing home that’s responsible for injuring others as a result of their negligence, abuse, exploitation, false imprisonment, or violations of criminal statutes, as well as violations of regulations pertaining to their licensing, maintenance, and general operation. One or more of the following can be used to hold a nursing home responsible:

  • An investigation and finding by an adult protective services agency or the regulatory agency for nursing homes (in South Carolina it is the Department of Environmental Control);
  • A civil cause of action for damages; and/or
  • A criminal prosecution.

These three different types of action have different goals. For instance, the goal of involving the protective services investigation is to provide immediate help to an abused elder and prevent further harm (of the elder or any other elder in the home). The objective of the civil action is to get compensation for any damages incurred, and criminal prosecution aims to punish the abuser for their harmful actions (or lack of action).

These nursing home abuse lawyers represent elderly clients and families who have been victims of:

  • Bedsores, pressure sores, decubitus ulcers, and infections;
  • Dehydration and malnutrition;
  • Falls, dislocations and fractures;
  • Financial abuse and exploitation;
  • Inadequate staffing, training, and negligent supervision claims;
  • Inappropriate use of physical or chemical restraints;
  • Medication and prescription errors; and/or
  • Physical, emotional, and psychological abuse and neglect

Our investigators and attorneys will move swiftly and discretely to uncover and preserve critical evidence and aggressively seek the maximum amount of compensation available under South Carolina laws. Please don’t wait–let us join your fight against nursing home abuse and other forms of elder abuse.

Elderly Financial Abuse in South Carolina

Elderly Financial Abuse

Columbia SC Nursing Home Abuse LawyersIt is unfortunately the case that some elderly people find their caregiver(s) using their money, credit cards, or real estate in an unauthorized fashion. This constitutes, according to South Carolina’s Office of Aging, exploitation. The elderly, in particular, are at an increased risk of suffering from exploitation in its two most prevalent forms: financial abuse and medical fraud. This cannot be tolerated, and retaining a South Carolina nursing home abuse and neglect lawyer can help lay out your options to combat the unauthorized use of your hard-earned finances, credit cards, or estate.

What Is Elderly Financial Abuse?

In order to meet this unique abuse, the aging persons find themselves being taken advantage of by their caregivers. These caregivers can be kin or unrelated, and elderly financial abuse can happen in their home (if they have a home healthcare worker caring for them) or at nursing homes, and long-term care facilities. This exploitation can include:

  • Theft and credit card fraud,
  • Stealing identity,
  • Using real estate for personal means, and
  • Conning nursing home residents into purchasing a fraudulent service or product.

While, generally, one thinks of physical abuse as the most detrimental, financial exploitation and abuse could result in the loss of their entire estate, leaving them penniless and emotionally hurt.

Strict Definition

Legally, elderly financial abuse is defined as  the wrongful use of an older person’s resources for another person’s profit or advantage. State laws use various terms to denote the wrongful nature of the act, such as “illegal,” “improper,” “unjust,” and “without legal entitlement.” Some definitions refer simply to the misuse of the person’s funds, property or person. Some states specify that, to qualify as exploitation, the resources must have been obtained without the older person’s consent, or obtained through undue influence, duress, deception or false pretenses.

What Can I Do?

If you or a loved one has been the victim of exploitation by your nursing home or patient care facility such as Elderly Financial Abuse, contact a nursing home abuse and neglect attorney today. Let us help you!