Wrongful Death Caused by Nursing Home Neglect and Abuse

We place a great amount of trust into nursing homes that take care of our mothers, fathers, aunts, uncles and other family members. We expect that the people we love will be treated with respect and be provided proper and safe care. When these expectations aren’t met, the consequences can be tragic or even fatal.

At least 90% of elderly people who live in a nursing home or care center in South Carolina and across the United States report that they or another resident of the center have been a victim of abuse or neglect. This includes physical and verbal abuse, as well as improper care. When your loved one’s caretakers break your trust and harm your family member, you may have a case for nursing home abuse or neglect.

Abuse and neglect can lead to wrongful death

When someone dies due to the negligent or reckless behavior of another, it’s called wrongful death. In a wrongful death case involving a nursing home, there are several possible causes that an attorney might investigate, including:

• Neglect. Nursing home residents require a proper standard of care to ensure their safety. Some require almost constant supervision and, if staff fails to do their job, tragedy may result. For example, an improperly supervised resident with dementia may wander away from the home and out into a busy street. If the resident is hit by oncoming traffic and killed, their family may have a wrongful death case against the nursing home.
• Physical abuse. Although they should be the most respected members of society, elderly nursing home residents are not exempt from physical abuse and assault. A nursing home or care facility with inadequate screening practices or improper supervision can lead to unqualified or even dangerous people on staff. In extreme cases, these unqualified staff members might physically abuse a resident to the point where it results in a fatality. This could make the nursing home liable for its failure to hire qualified staff and properly supervise their employees.
• Medication or treatment errors. Nursing home residents often require strict medication and nutrition regimens in order to maintain their health and standard of living. Even the smallest mistake in medical treatment or medication dose can have a negative impact on a resident’s well-being. These kinds of errors can have fatal consequences—whether it’s a staff member forgetting about a resident’s food allergy, or a care facility nurse who administers the incorrect medication.

All three of these issues, and more, are preventable. Your loved one has a nursing home bill of rights that their facility is obligated to follow. Assisted-living facilities are also responsible for hiring employees who are qualified and capable of performing their jobs properly. If a nursing home fails to conduct a background check, or fails to supervise staff members or monitor the care of the residents, they are placing your loved one at risk of injury or death.

Our elderly citizens of South Carolina deserve to be treated with dignity and respect. When we choose a nursing home or living facility for our loved ones, we trust that the staff and home are safe. Johnny Felder and the nursing home abuse lawyers at McGowan, Hood, Felder & Phillips, LLC are here to help if a member of your family is injured or dies due to negligence in a nursing home here or anywhere else. We will listen to your family’s story and fight for justice for your loved one. Call us today at 803-327-7800 or complete our contact form.

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