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North Charleston Nursing Home Abuse Attorney
Helping Families Protect Their Loved Ones

Nursing homes and other residential care facilities are supposed to be safe places where your aging or disabled loved ones can get the extra attention and support they need. Unfortunately, that care isn’t always what you should be able to expect. When you’re considering moving a family member into a nursing home or other facility, it’s important to do your research. It’s equally important to keep a close eye on your loved one’s condition while they’re in the facility and act quickly if you have concerns.

If your family member has been neglected or abused in a nursing home or other residential setting, an experienced nursing home abuse and neglect attorney like Frank Hartman at The Hartman Law Firm can help. To schedule a free consultation, call 843-300-7600 right now, or fill out our contact form.

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Your Rights Under South Carolina Nursing Home Laws

South Carolina has enacted a Bill of Rights for Residents of Long-Term Care Facilities. The statute includes a long list of rights, not all of which relate directly to abuse and neglect. However, failure to advise the resident or their representative of these rights or failure to fulfill any of these obligations is a red flag. Some key rights extended to residents and/or their guardians under the law include:
  • The right to choose the resident’s personal physician
  • The right to participating in care planning
  • The right to be fully informed about any changes to care and treatment plans
  • The right to receive diagnosis and prognosis from the physician in understandable terms
  • The right to be free from physical or chemical restraints unless ordered by a physician
  • The right to refuse to participate in experimental research
  • The right to manage personal finances
  • The right to security for personal possessions
  • The right to confidential treatment of personal and medical records
  • The right to dignity and privacy in the performance of personal care
  • Access to the guardian, relatives, church and social groups and others
If you believe certain rights have been violated, such as the right to be free of restraints, and your loved one has been harmed as a result, you should consult a local nursing home abuse lawyer as soon as possible.
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Types of Nursing Home Abuse and Neglect

Nursing home abuse and neglect can take many different forms. Some of the most common include:
  • Insufficient fall protection
  • Inadequate nutrition or hydration
  • Failing to monitor medical condition and arrange medical attention
  • Failing to identify and treat bedsores
  • Physical abuse by staff members
  • Verbal/psychological abuse by staff members
  • Failure to prevent abuse by other resident
Because nursing home residents are typically medically vulnerable, undetected neglect or abuse can have catastrophic results. For example, bedsores might not sound serious, but left untreated they can lead to amputation, or even be fatal. Even dehydration can be fatal when it is extreme, and more moderate dehydration can mean worse medical outcomes for other illnesses or conditions.
These and other types of abuse and neglect may happen because:
  • The facility lacks appropriate policies and procedures: for example, a resident may fall because a facility doesn’t have an established protocol for getting residents who need assistance out of bed in the morning
  • The facility doesn’t exercise appropriate care in hiring staff: for example, the facility fails to conduct a background check or ignores the content of the report and hires a staff member with a history of resident abuse
  • The facility doesn’t provide sufficient training and supervision to staff: for example, the facility does have a written protocol for getting residents out of bed, but new CNAs are not provided with instruction on the process
  • The facility itself is poorly maintained: for example, residents may suffer harm if call buttons aren’t working properly, if bed rails are loose, or if walking surfaces are not stable and clear of obstacles
  • The facility is understaffed: for example, a resident may be endangered if lack of staffing means it takes too long to answer an urgent call light or a staff member is too rushed in assisting a resident
Of course, this list is not comprehensive. These are just some of the most common reasons nursing home residents don’t get the care they deserve, or are abused by staff members or other residents. If you are unsure whether you need an attorney for nursing home neglect, your best next step may be to schedule a free consultation. An experienced nursing home injury attorney can assess whether you may have a claim and advise you on next steps.

Preventing Nursing Home Abuse and Neglect

The first line of defense against nursing home neglect or abuse is to thoroughly vet a facility you are considering. That means visiting the facility and doing research on their history and ratings. Medicare’s website is a good starting point–the site offers rating information in many areas, including inspections of the property, staffing and other quality measures.

When you visit a facility, pay attention to things like:

  • Cleanliness
  • How staff interacts with residents
  • The food being served
  • The condition of residents you see
  • Whether the residents are engaged in activities
  • The number of staff members on duty and how long it takes them to respond when a resident puts on their call light

You’ll also want to ask specific questions about staffing, activities, safety measures for any issues affecting your family member such as confusion or balance problems and how often residents see a physician.

Once your family member is in a nursing home, stay alert for signs of abuse or neglect. Some signs are more obvious, but there are also some signals that you might not automatically connect to their treatment at the facility. Common signs include:

  • Signs of anxiety or withdrawal
  • Fatigue
  • Depression
  • Trouble sleeping
  • Unexpected weight loss
  • Unexpected cognitive decline
  • Bruises or lacerations
  • Marks from restraints
  • Decline in hygiene
  • Untreated bedsores

What to Do If You Suspect Nursing Home Abuse or Neglect

If you suspect that your loved one is being abused or neglected in a long-term care facility your first step must be to ensure their physical safety. Depending on the circumstances, that may mean removing them from the facility temporarily while you gather information and determine how to move forward. In the worst circumstances, you may even need to make an emergency call to law enforcement.
Whether or not you need to take the steps above, you should:
  • Document any incidents you are aware of, including anyone who may have witnessed the incident
  • Document any impact on your family member, such as marks on the body, weight loss, deteriorating cognition, depression or other changes
    • The South Carolina Department of Public Health (DPH) at 800-922-6735
    • The South Carolina Long Term Care Ombudsman at 800-868-9095
    • Adult Protective Services at 888-227-3487Consider contacting one or more of the following agencies:
  • Contact an attorney who is experienced with South Carolina nursing home neglect cases

Liability for Nursing Home Abuse or Neglect

If a loved one has been harmed or has passed away due to abuse or neglect in a nursing home or other residential facility, the facility may be liable for damages. Compensation in a nursing home neglect case can help transition the resident to a more appropriate setting, cover any medical or other expenses associated with the abuse or neglect, and even compensate the resident for the physical and emotional suffering they’ve endured.

The best source of information about whether you have a claim, who can bring the claim, and what type of claim you may have is an experienced Charleston nursing home neglect lawyer. Don’t delay getting the help you need–schedule your free consultation right now.

 

Success Stories from Our Clients

I sustained a pretty gnarly hand injury . Frank has been an amazing lawyer throughout the whole process . He has kept me informed and made me understanding of my whole entire situation . I would highly recommend working with this law firm ! He is an outstanding lawyer.

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Hartman Law has done an incredible job for me and our family. Thank you for the professionalism and attentiveness throughout the process. We will recommend The Hartman Law Firm to all our friends and family. Thank you, Frank!

Brian Google

I want to extend my deepest gratitude to Frank Hartman for his outstanding assistance during a challenging time. His professionalism, expertise, and attention to detail, made all the difference in navigating my case. Frank was always available to answer my questions and helped me every step of the way. Thanks to his dedication and strategic approach, we achieved a positive outcome, which I am so thankful for. I highly recommend Frank Hartman to anyone in need of a skilled and compassionate attorney.

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Personal Injury and Nursing Home Abuse Case Results

Sidewalk Negligence

Nearly $1,000,000 Settlement for Sidewalk Negligence

We resolved a three-year battle against a Berkeley County HOA. My client fell and hurt himself badly. He broke his left arm and damaged his neck. He could no longer be an Emergency Room physician afterward. The settlement was for close to 1 million dollars. It was due to the worst walking path in all of existence, with up to 5 5-inch variance in uniformity of elevation. It was only until we settled that they repaired the path.

Workers' Compensation & Third-Party Liability

Employee Injured at Charleston Port Wins $500,000

Our firm successfully secured a global settlement of $500,000.00 for our client after a contentious, five-year litigation process involving three separate claims. The incident occurred at the Charleston Port when a “yard dog” (trailer jockey) operator struck our client, an employee checking security papers, with a 40,000-pound container. The container impacted the small security hut our client was standing in.

Product Liability: Defective Airbag

Defective Airbag Shrapnel Injury won $450,000

A young man was struck by a flying shard of metal from a defective Honda airbag. EMS advised leaving the shard in the throat to prevent the young man from bleeding out. Forty-five minutes went by. Finally, they took him to the emergency room where he underwent emergency surgery. It was touch and go. The metal shard nicked the carotid artery. Ultimately, the young man recovered, but with an unsightly scar on his neck. He was only eighteen years old. With another firm, we obtained a settlement from Honda. The settlement with Takata, the maker of the defective airbag, is ongoing. Honda knew of the defective part for ten years and did nothing.

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Common Nursing Home Defenses (and How We Fight Back)

Nursing homes and their insurance carriers employ a wide range of tactics to try to avoid liability for injuries or worsening medical conditions that occur while a resident is in their care. Some of the most common include:
  • Asserting that the facility and its staff complied with all relevant regulations and procedures
  • Claiming that the injury or illness suffered by the resident could not reasonably have been avoided
  • Trying to put the blame for the incident or injury on the resident
  • Shifting blame to a third party, such as a friend or family member of the resident or the manufacturer of a piece of furniture or equipment
Overcoming these defenses starts with investigation.

How We Investigate Nursing Home Abuse Cases

Some aspects of investigating a nursing home abuse or neglect case are just like any other type of case. For example, we will want to identify and interview any witnesses to potential incidents of abuse or neglect. But there are other parts of the investigation that are specific to long-term care facility cases.
For example, when investigating a nursing home abuse or neglect case, we will look closely at records like past inspections and citations, staffing levels, training procedures, and other factors that can impact the level of care a resident receives and the likelihood that abuse will go undiscovered or unchecked. We may also work with expert witnesses to establish that proper procedures were not followed or to explain the cause of an injury or other damages suffered by the resident.

Next Steps if You Suspect Nursing Home Abuse or Neglect

The best source of information about whether you have a claim, who can bring the claim, and what type of claim you may have is an experienced Charleston nursing home neglect lawyer.
The sooner you act, the sooner you can move toward finding lasting solutions for your loved one. Don’t delay getting the help you need–schedule your free consultation right now.
Ready to find out what your case is worth?
Frank Hartman offers free, confidential consultations — no fees unless you win. Call or text: 843.300.7600

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Contact Our Charleston Nursing Home Abuse Lawyer Now

You should not wait to speak with a Charleston nursing home abuse lawyer if you believe your loved one has been abused, neglected, or seriously harmed in a care facility. Nursing home abuse and neglect cases often depend on records, witness statements, photographs, medical documentation, and facility history. The sooner you act, the easier it may be to preserve important evidence and understand what happened.

Call our Charleston personal injury law firm today to speak with Frank or a member of his team. We will review your nursing home abuse or neglect case during a free initial consultation, listen to your concerns, and explain your legal options in plain English. To schedule an appointment with our attorney, you can message us through our website or call us today at 843.300.7600.

Free Legal Guides from Frank Hartman

Backed by years of real case experience, Frank Hartman shares what most people don’t learn until it’s too late. Download these guides to better understand your rights, the insurance process, and what to expect after an accident.

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Nursing Home Abuse Attorney FAQs

Ready to Talk? Get a Free Consultation With a North Charleston Nursing Home Abuse Lawyer

If you believe your loved one was abused or neglected in a nursing home, the facility, its staff, corporate ownership, and insurance company may already be working to protect themselves. The longer you wait, the harder it can be to preserve medical records, document injuries, identify witnesses, review facility history, and uncover what really happened.

A free consultation with Frank Hartman costs you nothing and obligates you to nothing. In that conversation, Frank will listen to your concerns, review the details of your nursing home abuse or neglect claim, and help you understand your legal options in plain English. Whether your loved one suffered from falls, bedsores, medication errors, physical abuse, emotional abuse, neglect, or another preventable injury, you will get honest guidance without pressure or legal jargon.

You pay nothing unless Frank wins your case. There are no upfront fees, no hourly charges, and no financial risk to getting started.

Submit our online form or call and text Frank directly at 843.300.7600. Available 24/7.

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Let’s talk. We can typically tell within 20 minutes if you’ve got a case and if we can help. There’s no obligation and we are 100% confidential. Simply call or email us, or complete the form!

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