The Dos and Don’ts of Filing a Nursing Home Abuse Claim

June 12, 2023
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Discovering that a loved one has suffered from nursing home abuse is a heart-wrenching experience. As a caring family member, though, it's crucial to take immediate action to protect the victim and seek justice.

Filing a nursing home abuse claim in South Carolina is an important step toward holding responsible parties accountable and ensuring the safety and well-being of your loved one. Read on to learn what to do—and what not to do—when building your case, so you have the knowledge needed to navigate this difficult process with compassion and determination.

1. Do Preserve Evidence

One of the most important steps in filing a nursing home abuse claim is documenting and gathering evidence. Keep a detailed record of any signs of abuse or neglect, including photographs, videos, or written descriptions. Take note of specific incidents, dates, and individuals involved. Preserve any medical records, including documentation of injuries or changes in your loved one's health.

Finally, gather witness statements or testimonies from staff members, other residents, or visitors who may have observed the abuse.

2. Do Report the Abuse

As soon as you suspect or discover nursing home abuse, report it immediately to the appropriate authorities. For example, you can contact Adult Protective Services (APS) in South Carolina to file a complaint and request an investigation.

Reporting the abuse to a reputable third party ensures that a proper investigation is conducted, and the necessary steps are taken to protect your loved one and prevent further harm to other residents. Remember to provide as much detailed information as possible to assist in the investigation.

3. Do Arrange for Medical Attention

Ensure that your loved one receives immediate medical attention to address any physical or emotional injuries resulting from the abuse. Consult with healthcare professionals to document and treat the injuries appropriately. Their expert evaluations and medical records will serve as important evidence in your nursing home abuse claim.

4. Don't Delay Taking Action

When you suspect nursing home abuse, it's crucial not to delay taking action. Time is of the essence in protecting your loved one's safety and gathering evidence. Prompt reporting and investigation can prevent further harm to your loved one and increase the likelihood of a successful nursing home abuse claim.

5. Don't Communicate Directly with the Alleged Abuser

Avoid engaging in direct communication with the alleged abuser regarding the abuse. Communicate primarily through your attorney or designated authorities to ensure that your loved one's rights are protected, reported, and all interactions are properly documented.

6. Don't Sign Anything Without Careful Review

Be cautious when presented with any documents or agreements from the nursing home or their representatives. Refrain from signing anything without consulting with your attorney or carefully reading and examining the nature of the document. Attorneys can help review the documents to ensure that your loved one's rights are safeguarded and that you are not inadvertently waiving any legal claims.

7. Don't Discuss the Case Publicly

To protect the integrity of the nursing home abuse claim, refrain from discussing the case publicly or on social media platforms. Confidentiality is crucial to maintain the strength of your claim and avoid potential interference or prejudice.

Discuss Your Case with a Nursing Home Abuse Attorney in South Carolina

If you have reason to believe your loved one was mistreated by nursing home staff, turn to Hodge & Langley Law Firm. We bring more than five decades of experience to the table, and we’ll use it to help you hold the liable parties accountable. Call 864-585-3873 or submit our Contact Form to schedule a free initial consultation with a nursing home abuse lawyer in South Carolina.



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