Is a Nursing Home Liable for their Employees’ Behavior in South Carolina?

August 15, 2019

Deciding to move your elderly parent into a nursing home may be the hardest decision you ever have to make. The last thing you should have to worry about is your loved one being abused while in their nursing home or assisted living facility. If a nursing home employee harms a resident, they can be held accountable for their actions. But so can the nursing home. They are considered vicariously liable for the acts of their employees.

You would think that nursing homes would do everything they can to protect their residents from harm. You would also expect people who work in nursing to enjoy taking care of people. You wouldn’t expect these professionals to hurt the people they’re supposed to help. Sadly, it happens all the time.

The level of care that a nursing home owes their patients is extraordinarily high. They have a legal and professional duty to keep their patients safe, secure and healthy. They also owe it to them that make sure they’re not harmed by any nursing home staff.

If your loved one has been injured while in a nursing home, you need to call an experienced nursing home abuse lawyer in Columbia, South Carolina. They’ll fight to get your family justice and the compensation they deserve.

Why is the Nursing Home Liable for Their Employees?

When you work for a company, they’re ultimately responsible for the things you do. This is something called respondeat superior. This translates into “let the master answer.” Basically, it states that a company is responsible for any mistakes or damage caused by the people who work for them.

This is especially true for nursing homes. The duty of care they owe their residents is exceptionally high. If they allow their employees to hurt residents, they need to be held accountable.

There are a few reasons for this:

The company is legally responsible for their employees’ actions
You have a much better shot at collecting damages from a company than an individual employee
The nursing home has insurance to cover injuries sustained as a result of abuse or neglect
It may be difficult to pinpoint exactly who and how many employees are responsible for your loved one’s injuries

This is why nursing homes need to train their employees properly. Otherwise, innocent victims can get hurt.

What is the Nursing Home Doesn’t Train Their Employees?

Most nursing home abuse cases are caused by either negligence or intentional acts. It’s terrible to think that someone would hurt an elderly person on purpose. However, it happens. Examples of intentional harm or abuse includes:

Stealing a resident’s personal possessions
Depriving a patient of their medication or medical equipment
Physically or verbally assaulting a resident
Subjecting the resident to emotional or sexual harassment

Nursing homes are required to train their employees properly. They’re also responsible for monitoring their employees to ensure that things like this don’t happen. If they don’t do their job, they need to be held accountable.

Nursing homes are required to meet certain regulatory requirements when it comes to patient rights. If an employee is caught violating these rights, they need to be properly disciplined. This may include termination and or the filing of criminal charges.

Has the Nursing Home Violated Your Loved One’s Bill of Rights?

South Carolina has a statute that outlines nursing home residents’ rights and privileges. This is called the patient “Bill of Rights.” This statute states exactly what kind of rights nursing homes need to preserve. Some of these include:

Residents are to be free from mental and physical abuse
Patients are to be free chemical and physical restraints, unless those restraints are ordered by a doctor
Residents must be assured that their personal possessions are secure
Patients’ medical and personal records need to be kept private and confidential
Residents are to be treated with dignity and respect at all times

If your mom or dad’s rights have been violated, someone needs to pay. If that someone is the nursing home or their employee, you should contact an experienced nursing home lawyer in Columbia, South Carolina.

Contact a Skilled Nursing Home Abuse Lawyer in Columbia Today

If your loved one has been the victim of nursing home neglect or abuse, they deserve justice. An experienced nursing home lawyer in Columbia, South Carolina will fight to get them justice. They’ll also fight to get them the compensation they deserve.

Call today and schedule your initial consultation with Connell Law Firm. It’s absolutely free and you pay nothing until you settle your case.