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Is a South Carolina Nursing Home Liable for Injuries Caused by Another Resident?

February 15, 2019

When we think of nursing home abuse, we usually think of neglect or abuse by a caregiver. But, not all nursing home abuse cases involve staff members. Sometimes, the abuse comes at the hand of another resident.

Most people who enter a nursing home are weak and feeble, correct? Well, the answer is not so clear. Yes, most residents of a nursing home are elderly and not in the best of health. However, some residents are quite spry. They could be suffering from a mental illness or dementia. They could be a strong as an ox.

Many nursing home abuse cases involve other residents of the nursing home. Your loved one could be assaulted by their roommate. Or, they could even be sexually assaulted by another patient. In fact, one of out every five nursing home abuse cases involve another resident.

If this happens to your parent or loved one, you need to call one of our nursing home abuse attorneys in Columbia, South Carolina. They’ll work hard to get your family justice.

Nursing Home Abuse Attorneys Handle All Types of Cases

Most nursing home abuse lawyers specialize in this type of law. They’ve made a commitment to protect the rights of the elderly. They protect these rights against nursing home staff and third parties. This includes other residents.

If your mom or dad is abused by another resident at their nursing home, you may have a claim for damages. Nursing homes are responsible for keeping their residents safe. This isn’t limited to just injuries and accidents that take place during care. It also includes safety from other residents and third parties.

Most nursing homes have patients share rooms. They simply can’t afford to give every resident their own room. This means your loved one likely shares a room with another resident. That resident may not be nicest of people. If they get angry or frustrated, they make take their anger out on your parent. It makes sense since they spend the most time around them.

If another roommate abuses or assaults your parent, you need to file a claim against a nursing home. They may be liable for damages. Nursing home abuse attorneys will do what it takes to get your loved one the compensation they deserve.

Nursing Home Abuse Attorneys Know How to Prove Negligence

Most claims against nursing homes involve negligence. This would be the case if your loved one is assaulted or abused by a fellow resident. In order to prove your case, your nursing home abuse lawyer will need to prove the following:

  • The nursing home owed a duty of care to your loved one
  • They breached this duty of care
  • Your loved one was injured
  • Their injuries were as result of the defendant’s breach of duty

It shouldn’t be too difficult to prove negligence in a case like this. Clearly, the nursing home owes your loved one a duty of care. This duty is to keep them safe. This includes a duty to keep them safe from other residents and third parties.

If a nursing home doesn’t ensure your loved one’s safety, they have breached their duty of care. For example, if they know a certain resident has a problem with their anger, they need to be mindful of who they room that person with. It may be in their best interests to keep that patient away from other residents.

Your loved one does have to actually suffer an injury in order to have a valid claim. This could include physical injuries, but it can also include emotional and mental stress. Your lawyer will work hard to prove these injuries.

He’ll also have to prove that their injuries were caused by the defendant’s breach. If he is indeed attacked by a fellow resident, it shouldn’t be that hard to prove causation. There will be an incident or accident report. There may even be videotape of the incident.

Contact One of Our Nursing Home Abuse Attorneys in Columbia, South Carolina Today

If your loved one has been the victim of nursing home abuse, you need to call one of our nursing home abuse attorneys in Columbia, South Carolina. Your loved one deserves to be kept safe – that is the whole point of placing them in a nursing home.

When nursing homes neglect their duty of care, people get hurt. The home needs to be held accountable. Your nursing home abuse lawyer will do what it takes to get you the compensation you deserve.

Call and schedule your free initial consultation today. Your lawyer can review your case and let you know what it may be worth. And remember – you pay nothing until you settle your claim.