Requirements to Prove Nursing Home Abuse

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

Nursing Home Abuse Requirements Here's What You Should Know

The country is home to over two million cases of nursing home abuse every year. In South Carolina, this would be a violation of the South Carolina Bill of Rights that states each nursing home resident “must be free from mental and physical abuse, as well as free from any chemical or physical restraints except those ordered by a physician.”

It's against the law in every way. In South Carolina, the Medical Affairs Committee does “what they can” to enforce those laws, and for some, that even means jail time. If you are concerned about the requirements to seek damages for nursing home abuse, the law is on your side.

Our South Carolina nursing home abuse attorney can help you to seek compensation for your loved one and fight for this behavior to end one way or another.

Requirements to Prove Nursing Home Abuse

To establish that nursing home abuse is occurring with you or a loved one, you have to show misconduct or negligence. To show that, you must first establish what the standard of care should have been. In a civil claim, you must be able to indicate:

  • The nursing home had a duty.
  • The nursing home breached its duty.
  • The nursing home intentionally injured or neglected someone.

Failing to act is negligence and is not the same as abuse. Neglect in nursing homes is as harmful as abuse in many cases. For a nursing home abuse claim to be successful, you'll need to show these three things.

There are several ways you can do that. With the help of a nursing home abuse attorney, you can provide medical records, witness affidavits or testimony, and even statements from friends of your loved ones. It is possible that if they are being abused, so is someone else in the facility.

A South Carolina attorney experienced in nursing home abuse can help you to gather everything you need to meet these requirements.

Ask a South Carolina Nursing Home Abuse Attorney for Help Today

If you are filing a claim against a nursing home alleging nursing home abuse, it may feel like you are going up against a machine that is too big. That's why so many don't report. Call us. We can take that task on for you and fight for your rights or the rights of your loved one. Contact our South Carolina nursing home abuse attorneys today for a free review of your case.


What is the first thing I should do if I suspect abuse?

Call a doctor if the abuse is physical. Talk to the management and follow up with them in writing. Then, call an attorney if you are not satisfied with the response.

Who is the defendant in a nursing home abuse case?

It will be either the person you are accusing of committing the abuse or the nursing home.

What will a nursing home abuse attorney do for my loved one?

The attorney will begin to protect your loved one from further abuse and then launch an investigation into what happened. Following those results, a claim for damages or a lawsuit will follow. If the police need to be called, they will be.

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