Nursing Home Abuse Lawyer in Greenville

At Morris Law, our nursing home abuse attorney represents clients and their families in Greenville and throughout upstate South Carolina as they seek to hold negligent parties accountable for nursing home residents’ injuries or deaths. We fight for residents and their loved ones, even when they no longer have a voice.

According to 2020 statistical data, more than 16,000 South Carolina residents lived in nursing facilities, where they and their loved ones counted on caregivers to take care of them. While many residents receive excellent care, many others are abused or neglected. In fact, the World Health Organization estimates that only one in every 24 cases of elder abuse is actually reported. That would mean that for every case reported in the state, dozens of others are not.

When you entrust the care of a loved one to a facility where delivering that care is not only its mission but its duty, you expect the staff to deliver. When they fail to do so, and your loved one is injured or dies as a result, you need to hold them accountable so no other resident or their family goes through such suffering and loss. Our nursing home abuse attorney is here to help you seek justice and protect others in cases of elder abuse. 

Federal & State Laws Regarding Abuse & Neglect

The Nursing Home Reform Act of 1987 was passed after research showed that nursing home residents throughout the country were being abused and neglected. The law was passed to ensure that residents receive a level of care that will achieve or maintain the resident’s highest practicable physical, mental, and psychosocial wellbeing. Under the law, nursing homes are required to deliver certain services to each patient and to espouse and adhere to a Resident’s Bill of Rights that guarantees:

• The right to freedom from abuse, mistreatment, and neglect

• The right to freedom from physical restraints

• The right to privacy

• The right to accommodation of medical, physical, psychological, and social needs

• The right to participate in resident and family groups

• The right to be treated with dignity

• The right to exercise self-determination

• The right to communicate freely

• The right to participate in the review of one’s care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility

• The right to voice grievances without discrimination or reprisal

South Carolina’s Adult Protection Act also establishes protections against abuse, neglect, and exploitation for residents of long-term care facilities. It requires reporting and investigation of claims of abuse, neglec,t and exploitation while preserving the resident’s privacy. Violation of the law’s provisions can result in civil actions or even criminal charges. A nursing home abuse attorney can assess your case to determine which of your loved one’s rights have been violated.

What Constitutes Abuse?

Abuse may be physical or psychological, and it may not be perpetrated by staff, residents, or anyone else, or allowed to occur. Physical abuse includes slapping, hitting, kicking, biting, choking, pinching, burning, actual or attempted sexual battery, and use of medication outside reasonable medical standards for controlling behavior or confining a resident.

Emotional abuse also includes using restrictive or intrusive means to control a resident, unless in the form of restraints as ordered by an appropriate medical professional. Every facility must have written instructions regarding the use of restraints, including the need for a physician’s order within 24 hours if they are applied in an emergency situation. Restrained residents must be monitored and their condition documented every 15 minutes. They must be allowed to move at least every 30 minutes, continue to receive their normal medications, be offered nourishment and fluids, and be allowed to go to the bathroom. Only devices designed as restraints may be used.

South Carolina nursing homes are required to keep a record of every accident and incident that occurs in the facility or on its grounds, investigating and reporting as required by their policies and procedures. Serious events include crimes against residents, suspected or confirmed cases of abuse, neglect, and exploitation, medication errors, hospitalizations as a result of injuries, injuries involving the use of restraints, attempted suicide, and fire. Facilities are required to submit a written report and investigation to the South Carolina Department of Health and Environmental Control within five days of any incident.

What Constitutes Neglect?

Neglect in a nursing home is more than simple oversight—it is the failure of nursing home staff or caregivers to provide the care, goods, and services necessary to maintain the health, dignity, and safety of nursing home residents. Under the Nursing Home Reform Act and state laws in South Carolina, facilities are legally obligated to meet the basic needs of residents, from food and fluids to supervision and medical care. When these obligations are ignored, residents are placed at serious risk of harm.

A nursing home abuse lawyer in Greenville can help families identify neglect and pursue accountability. Because many instances of nursing home neglect go unreported, and the World Health Organization estimates only 1 in 24 cases of elder abuse are brought forward, it is crucial to act quickly when warning signs of neglect appear. Our nursing home abuse attorney and legal team have the experience to review medical records, gather evidence, and prove nursing home abuse in complex cases.

Inadequate Supervision

A common form of neglect occurs when nursing home residents are left without adequate supervision. Lack of oversight can lead to dangerous falls, wandering, or even situations where one resident inflicts physical abuse or psychological abuse on another. Supervision is a cornerstone of safety in any long-term care facility, and when it is ignored, residents may suffer broken bones, head injuries, or unexplained injuries that indicate neglect. An experienced lawyer can investigate staffing logs and South Carolina Department of Health and Environmental Control reports to determine whether understaffing played a role.

Failure to Provide Proper Medications

When nursing home staff fail to provide the correct medications at the proper dosage and time, the consequences can be devastating. Missed prescriptions, overdoses, or unauthorized substitutions are not only violations of residents’ rights but also dangerous forms of neglect. Medication errors can worsen preexisting conditions, cause new medical complications, or amount to financial abuse when costly prescriptions are mismanaged. Our Greenville nursing home abuse lawyer can work with medical experts to review medical records and establish where the failure occurred.

Failure to Provide Timely Medical Care

Nursing home abuse victims often suffer when staff fail to provide adequate or immediate medical care. If a resident is ill, injured, or experiencing sudden changes in health, staff have a legal duty to act—whether that means administering first aid, notifying physicians, or calling emergency services. Failure to act may result in delayed diagnoses, untreated physical injury, or even wrongful death. These situations are particularly tragic because swift action could have prevented suffering. An abuse lawyer can review timelines, staff reports, and medical records to hold facilities accountable.

Failure to Maintain a Safe Facility

Neglect also occurs when the nursing home itself is unsafe. Hazards such as wet floors, broken handrails, poor lighting, or unsecured entrances can lead to falls, elopement, or exposure to dangerous conditions. Environmental control is required under state laws to protect residents from harm. Facilities that ignore safety standards not only violate the law but also place residents at ongoing risk of physical abuse or injury. Our law firm has extensive experience in nursing home abuse claims involving unsafe environments, and we know how to hold negligent facilities accountable.

Financial Compensation in Nursing Home Abuse Cases

When a loved one suffers neglect or abusive behavior in a nursing home, families have the legal right to pursue financial compensation through civil claims. A nursing home abuse lawyer can guide you through this process, ensuring you understand your options and protecting your family’s best interests. Compensation typically falls into three categories:

• Economic Damages: These cover measurable financial losses such as medical expenses, rehabilitation, future care needs, and, in wrongful death cases, funeral costs. They may also include the cost of transferring your loved one to a safer long-term care facility.

• Non-Economic Damages: These compensate for intangible losses such as emotional distress, pain and suffering, psychological abuse, or the humiliation that comes with nursing home neglect. Families may also recover damages for the loss of companionship or the diminished quality of life of their loved one.

• Punitive Damages: In cases where the neglect or abuse rises to reckless or intentional misconduct, the court may award punitive damages. These damages are meant to punish the facility and deter similar conduct in the future.

By pursuing nursing home abuse cases, families not only seek justice for their loved one but also help protect other nursing home residents from enduring the same suffering. Our Greenville nursing home abuse lawyer provides professional legal representation with a proven track record in settlement negotiations and, when necessary, litigation.

Proving Abuse or Neglect

Evidence of abuse and neglect is sometimes obvious. At other times, it’s difficult to discern. There are many signs of nursing home incidents, such as falls, bruises, and broken bones. There could be signs of sexual abuse. Malnutrition, dehydration, unclean conditions, wandering, and over-medication are other signs to look out for.

As a protective measure, residents have the right to install electronic devices in their rooms, including “granny cams,” if they have written consent from roommates and have advised the nursing home. The facility is not allowed to access the device or recordings without your written consent.

By law, anyone who contributed to the abuse or neglect is liable and can be named in a civil suit. That includes physicians, nurses, ancillary staff, management, owners and external agents hired by nursing homes to perform certain work. Each of them is responsible for ensuring that residents are well cared for via proper training and certification of staff, complying with staffing requirements, delivering a mandated standard of care and upholding all rights of the resident under federal and state laws.

Trust an Experienced Nursing Home Abuse Attorney

Nursing home abuse and neglect claims are complex and difficult to prove. Facilities often attempt to hide evidence or refute the cause of a resident’s injuries. You need an attorney who is knowledgeable in federal and state nursing home laws and experienced with proving challenging claims.

Nursing home insurers are motivated to deny claims, and if claims are substantiated, to severely lower damages based on the victim’s age, health issues, and quality of life as a nursing home resident. You need an attorney who will fight insurance companies and their attorneys by not backing down. There can be no settlement or jury award high enough to compensate your loved one for their abuse or for their death.

Have a Case of Elder Abuse? Contact Us Today

If you believe you or a loved one has been abused or neglected in a nursing home, contact our nursing home abuse attorney at Morris Law to schedule a consultation at 864-865-0068. You can also submit our contact request form to have our office reach out to you.