South Carolina – February 20, 2021

A Sumter County nursing home employee was arrested early Saturday morning for reportedly attempting to engage in a sexual act with a resident. The 36-year-old offender was discovered when another employee was doing patient rounds and entered a 73-year-old female’s room and saw him with his pants down and genitals exposed.  She immediately left the room and called law enforcement personnel to the scene.  The resident victim was transported to the  hospital for an examination and the abusive worker was transported to Sumter County Sheriff’s Office Detention Center charged with third degree criminal sexual conduct.

Unfortunately, sexual abuse is a common form of nursing home abuse and residents, or loved  ones can sue multiple parties for damages.  The criminal component will be handled by the state, but an experienced nursing home abuse attorney in South Carolina can use that outcome to strengthen the civil case against those that endangered a nursing home resident and violated The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987 protections.

South Carolina nursing home standards.

South Carolina nursing home facilities have standard operating procedures in place that reference state statute, requiring administrative personnel to protect residents.  If residents suffer harm directly related to a negative nursing home encounter, whether it is due to negligence, or abuse, exacerbating an existing health condition, or placing them in direct danger, a skilled nursing home abuse lawyer can help.

 Liability.

A nursing home facility can be held liable for any personal injury, or neglect causing harm to a resident, or patient in their care.  Abuse can occur through deliberate actions to cause bodily injury, emotional abuse, exploitation, and sexual abuse, along with neglectful treatment leading to resident harms.  A licensed provider’s negligence may have occurred through:

  • negligent hiring,
  • understaffing,
  • breach of regulatory obligations to guidelines,
  • insufficient employee training, or
  • errors in treatment, or medication dispensing.

 A nursing home abuse attorney can give concerned individuals some guidance on legal action against abuse, or neglect.

Damages.

  •  Medical expenses when the actions of nursing home personnel leave a resident with the need for increased medical care,
  • Lost wages in cases where residential living was necessary for the rehabilitation of a younger individual, and harm leads to the inability to work after leaving assisted care.
  • Non-economic damages when it can be proven that actions by residential care personnel negatively and permanently affect a victim’s quality of life
  • Punitive damages in nursing home injury cases are limited to the greater of three times the actual damages, or $500,000, meant to punish individuals, or entities who caused harm.

South Carolina Department of Aging. 

The South Carolina Department on Aging  may be able to answer questions from residents, or families who believe their loved ones have been abused by calling 1-800-868-9095 for assistance.  It may be wise to consult with an experienced nursing home abuse attorney to start an investigation when nursing home abuse signs are recognized.

Talk to a lawyer.

Contact an experienced attorney at the McDougall Law Firm if you, or a loved one suffered injury, or any type of abuse because of negative nursing home practices, inadequate precautions, neglect, or forced treatment modalities.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.

https://www.abccolumbia.com/2021/02/20/nursing-home-employee-arrested-after-attempting-sexual-act-with-resident/

https://www.congress.gov/bill/100th-congress/house-bill/3545/titles

https://aging.sc.gov/

https://ncea.acl.gov/

https://www.scdhec.gov/sites/default/files/Library/Regulations/R.61-17.pdfd

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