The South Carolina Lawyer Blog

(843) 314-4202

Nursing Home Negligence is Illegal

Posted by Hopkins Law Firm | Jul 19, 2022 | 0 Comments

How To Prove Nursing Home Negligence

Nursing home negligence is an extreme problem. The World Health Organization estimates that 1 in 6 people over 60 experience abuse in a community setting every year. Worse, one study showed that two out of three staff reported that they had committed abuse, and 36 percent witnessed it. Nobody does anything about it in many cases, but you can file a claim or sue the staff or agency involved.

A common defense to this problem is that there wasn't enough staff. That doesn't matter.

Abuse should not happen in nursing homes. When you work with an attorney experienced in nursing home negligence, there are ways to prove this is happening.

Nursing Home Negligence is Illegal

Nursing home negligence is not your typical personal injury lawsuit. Under South Carolina civil codes Section 15-79-110, medical malpractice is defined as occurring when a “reasonably prudent health care provider or institution would not do that which a reasonably prudent health care provider would do under similar circumstances.”

It is this statute under which you would sue or file a claim for damages when providing nursing home negligence.

Proving Nursing Home Negligence

To prove nursing home negligence, you have to show the reasonable duty of care in the same situation and contrast your own experience with that. For this, you will need to prove that negligence occurred and that if anybody else had been caring for you or your loved one, that wouldn't have happened.

Despite the low records of staffing in an institution, staff across America are also saying that they witness this frequently. Many other people are as outraged as you and feel they can not do anything about it. They can, and they can be called as witnesses or provide statements to help you to back up your claims.

Medical documentation and reports will also be significant, especially if the abuse is physical. Psychological or social worker's evaluations would be helpful if the abuse is psychological, which it often is.

There are steps you can take when you are helping a loved one with this:

  • Document anything unusual you see with your loved one when you visit
  • Ask them to tell you about their experiences, record the conversations if necessary
  • Request more in-depth medical or psychological examinations of your loved one, and document all responses to that.
  • Investigate the possibility of having to relocate them.
  • File a report with the Department of Social Services and Adult Protective Services. They will conduct their investigation.
  • A police report may be necessary.
  • Call a medical malpractice attorney.

Contact a South Carolina Medical Malpractice Attorney and Start Your Claim for Nursing Home Negligence Today

When you are experiencing the trauma of nursing home negligence or have a loved one that is, it is normal to feel helpless and isolated. You aren't. The law says that this isn't supposed to happen. At the Hopkins Law Firm, we can help you stop it and fight for you to get compensation for your losses. Contact our South Carolina medical malpractice attorney today at 843-314-4202 for a free case review of your options.


What do I do if I can't get copies of my loved one's medical records?

Call an attorney. Getting medical records is a stressful experience under the best of circumstances due to HIPPA privacy laws, but you should contact them if you have consent. We can help.

How long will this process take to settle?

Every case is different. It could take just a few weeks to resolve the problem or take years if this needs to go to court. We will try and resolve this as quickly as possible.

A nursing home representative called me and wants to discuss this more. What do I do?

Does it feel weirder than a typical phone call? If you haven't already secured us as representation, do so immediately. Show us the point of contact, and we will work with them from there.

About the Author


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Principled. Practical. Personal.

When you have to go to court, you want to know your lawyer will fight for you so you get the best possible outcome. Here at Hopkins Law Firm, our team of personal injury, family law, and criminal defense lawyers has the experience and insights needed to help you present your best case. Our team has helped many clients to protect their future. With locations in Charleston, Pawleys Island, and Myrtle Beach, we can make sure you get the counsel you need anywhere in South Carolina.