Improper Use of Restraints
Nursing homes are a vital part of our society. For those of us with demanding careers, child care obligations, and other responsibilities, nursing homes help us ensure that our elderly loved ones have a place where they will receive the around-the-clock care and medical attention that they need and deserve. As many news reports indicate, however, nursing home facilities sometimes engage in rampant and pervasive abuse of residents, including neglect, sexual abuse, physical assault, and more. Many of these facilities are understaffed, making it difficult to exercise sufficient oversight of staff members. One of the most common examples of nursing home abuse is the improper use of physical restraints. Some staff members resort to restraints because they do not have the patience, skill, or training to address a resident’s needs appropriately. Compassionate Greenville and Spartanburg nursing home abuse lawyer Patrick E. Knie is ready to help your family and you seek justice against a negligent or reckless nursing home.Hold a Facility Accountable for the Improper Use of Restraints
A nursing home has a duty to its residents to provide them with the appropriate level of care, attention, and support that they require, both medically and more generally. This includes addressing any specific medical conditions that a resident may have while assisting them with their daily tasks, such as dressing, bathing, eating, and physical exercise. Many nursing home staff members fail to show the patience and compassion that caring for the elderly often requires, leading them to engage in abusive behaviors like improperly restraining a resident who may be sick, injured, or in need of assistance. Improper restraints can lead to a host of injuries, such as wrist and ankle injuries, broken bones, and muscle damage, as well as emotional and mental harm. A resident left in restraints for an unnecessary period of time may suffer additional injuries like bed sores or infections. If a nursing home fails to provide care consistent with this duty, the facility may be held liable for the injuries that result, and the resident probably will be entitled to compensation for his or her harm.
South Carolina imposes a number of regulations on nursing homes, in addition to the federal rules that these facilities must follow. If a nursing home is found to have breached any of these rules or regulations, the plaintiff can assert a claim based on the negligence per se doctrine. If it is successfully established, this legal principle requires the jury to presume that the defendant acted negligently unless the defendant can rebut the presumption with evidence. It is also important to note that, according to South Carolina law, an employer may be held liable for the negligent acts of its employees. As a result, a nursing home may be liable for any damages that result from a staff member’s failure to exercise due care in the course of performing job duties.Contact a Spartanburg or Greenville Lawyer for a Nursing Home Abuse Case
If you are a nursing home resident who has suffered abuse, or the family member of a resident, Spartanburg and Greenville nursing home abuse attorney Patrick E. Knie is here to help. There is no excuse for treating the elderly with a lack of respect or subjecting them to physical and mental abuse. We have assisted nursing home residents and their family members with investigating their claims against many South Carolina nursing homes, including in Cherokee, Union, Greenville, Laurens, and Spartanburg Counties. Call us at 864-582-5118 or contact us online to set up a free consultation with an injury attorney.