It is sad to have to place a loved one in a nursing home, but we do so expecting them to be kept safe and properly cared for. Unfortunately, this does not always happen, and nursing home residents wind up abused or neglected, suffering emotional and physical injuries that may be severe enough to lead to death.
If you even suspect your loved one is being mistreated in a nursing home, it is essential to take action. A nursing home abuse attorney can help. At Whalen Montalvo, we know the importance of stopping the abuse immediately to prevent additional damage to your loved one and other fragile residents. We can investigate the situation and, if appropriate, file a lawsuit that can hold the nursing home owners, managers, and staff responsible for the abuse. A successful nursing home lawsuit can stop the abuse from continuing, protect your loved one and other vulnerable residents from further damage, hold the guilty parties liable, and win a compensation award for the damages that you and your loved one received.
Our experienced South Carolina nursing home abuse lawyers provide a free consultation to determine the best way to handle your case, so call us today to get started.
Nursing homes are licensed by the state and must adhere to South Carolina and federal regulations in providing patient care and record keeping. Nursing homes are often owned by large corporations and have high-powered lawyers on their payroll to fight allegations of abuse. To go up against them, you need an attorney who knows the laws and the system and who has the experience and resources needed to stand up to them. Here are some reasons we believe you should choose Whalen Montalvo:
When dealing with nursing home abuse or neglect, it is imperative to start investigations quickly to stop the abuse from continuing and to obtain evidence while it is available and witnesses can be found. When you retain our Whalen Montalvo legal team, we will start working on your case immediately. We will:
There are many ways that vulnerable residents can be abused in nursing homes. Abuse can be physical, emotional, financial or sexual. It can come in the form of verbal insults and put-downs; physically hitting, pushing, restraining or overmedicating; financially stealing money or cashing checks; or sexual touching or penetrating. It can also be manifested in the form of neglect, such as failing to provide proper sanitary conditions, safety measures, or proper nutrition.
Perpetrators of abuse can be staff or other residents who intentionally harm a resident, or facility owners who refuse to hire enough staff or provide adequate security, training, or background checks of employees. Our nursing home abuse attorneys are aware of types of abuse and neglect, and will do everything possible to hold the responsible parties liable.
To win your case, our attorneys would have to show that your loved one’s injuries were caused by the negligence or fault of another party, the defendant in the case. Proving negligence legally means showing the following elements:
Responsible parties who may be negligent and held liable may include the owners and administrators of the facility, doctors, nurses, attendants, or other residents. We would look to identify all negligent parties, as they may each have insurance or assets that can go toward a settlement.
In a successful nursing home abuse case, our attorneys may be able to recover an award for compensatory damages that may include economic or monetary losses and also noneconomic damages that do not a have a dollar value but negatively affect quality of life. These may include:
In some rare cases, when it can be proven that the defendant’s actions were “willful, wanton, or reckless,” you may also be awarded punitive damages. These are intended to punish a defendant and to deter such behaviors in the future.
When dealing with nursing home abuse, you may not know where to turn and are likely to have questions and concerns. These are best answered at your free initial consultation, but to get started, here are some answers to questions our attorneys are often asked:
How Do I Know My Loved One Is Being Abused in a Nursing Home?
While not every cut or bruise is a sign of abuse, it is important to be vigilant and look for these signs:
How Can I Report Abuse to the Authorities in South Carolina?
You can report suspected abuse, neglect, or exploitation of a vulnerable adult by calling 1-888-CARE4US (1-888-227-3487), or click here to make a report online. The report will be assessed to determine if it meets these 4 elements:
What If My Loved One Died from the Abuse?
In the terrible event that your family member dies from the abuse, our attorneys can file a wrongful death claim to receive compensation. According to South Carolina law (Section 15-51-10 and 20), when a death is caused by the wrongful act, neglect or default of another, a wrongful death claim may be brought for the benefit of the deceased’s spouse and children, and, if there are none, for the deceased’s parents or heirs.
Is There a Time Limit for Filing a Case?
Yes, South Carolina has a deadline, called a statute of limitations (Section 15-3-540) for filing personal injury and wrongful death cases, including those involving nursing home abuse. There are some exceptions, but in general you have three years from the date of the abuse or the date of the death to file a lawsuit.
Do I Need a Lawyer to Handle My Case?
While technically you can file a case on your own, an experienced nursing home abuse attorney knows how to take immediate action to remove your loved one from harm, gather and preserve evidence to prove abuse, and utilize the laws, the courts and the system to fight for justice for your loved one, as well as fair compensation.
When you retain our Whalen Montalvo attorneys, you can rest assured that we will be there to answer all your questions throughout the entire legal process.
The nursing home neglect attorneys at Whalen Montalvo are dedicated to protecting the rights of vulnerable nursing home residents who are abused and neglected. Your loved one deserves to be treated with dignity and respect, and perpetrators of abuse must be stopped and punished.
Don’t let an abusive situation continue. If your loved one has been harmed in a nursing home or other medical facility, let us take the burden off you and handle all legal hurdles and requirements necessary to fight for a fair settlement. Call us today for your free, no-obligation consultation.
Get Help Now (864) 770-7710
Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.