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Who Do You Sue if Your Loved One is Hurt by Another Resident in a South Carolina Nursing Home?

March 2, 2021

Deciding to move your loved one into a South Carolina nursing home may be the hardest decision you ever make. The last thing you want to do is find out that your mom or dad is being abused while in the home. You’re going to want justice and compensation for your loved one’s injuries. The best way to do that is to talk to a South Carolina nursing home abuse lawyer as soon as possible.

Most Nursing Home Abuse is at the Hands of an Employee

It is true that most nursing home abuse cases involve people working for the nursing home. However, that isn’t always the case. As mentioned above, there are times when the abuse is being suffered at the hands of another resident. That doesn’t necessarily mean the nursing home is off the hook.

South Carolina Nursing Home Abuse Lawyers Will Pursue All Possible Parties

In a situation where a nursing home resident is being harmed by another patient, it can be complicated. You want to automatically file suit against the nursing home. You may also want to sue the nurses or doctors in charge of your loved one’s care. Before you make any decisions about who you should sue, let your South Carolina nursing home abuse lawyer review the case.

You may have several parties that need to be pursued for damages. It all depends on the facts of your case. Since each case is unique, it would be impossible for your attorney to say who needs to be sued before they’ve had a chance to review your information. Depending on the facts of your case, you may need to file a claim against any or all the following:

  • The nursing homeowner
  • The nurse or doctor in charge of your relative’s case
  • The resident who was harming your mom or dad
  • The Ombudsman’s office if they were made aware of the abuse and did nothing
  • The nursing home administrator
  • The insurance carrier for the facility and the staff named in the lawsuit

Obviously, your chances of receiving the compensation your family deserves are much higher if you pursue the facility. The other resident isn’t going to have assets worth pursuing. Any assets they had would’ve been sold to pay their nursing home bills. You would also want to file claims against the nurses’ and doctors’ insurance policies. This way, you have all your bases covered.

Who Will Have to Pay Your Damages?

Even if the person abusing your loved one isn’t an employee, the nursing home may still be liable for damages. For example, if your mom’s roommate in the home is physically abusing them, the nursing home has a duty to stop it. They also have a duty to prevent this sort of thing from happening in the first place.

Nursing home administrators have a duty of care toward all their residents. If they know or suspect that a resident is hurting another individual, they need to take the necessary steps to address it. At a minimum, they need to separate your loved one from the aggressor. They also need to put security measures in place so it can’t happen again. If they fail to do this, they’ll be found negligent. Once your South Carolina nursing home abuse lawyer proves this, you should be entitled to damages.

Contact an Experienced South Carolina Nursing Home Abuse Lawyer Right Away

Nobody wants to find out that their mom or dad is being abused at their nursing home. It’s hard enough to accept the fact that you can’t take care of them by yourself. It’s heartbreaking to find out that the people who are supposed to care for them are doing anything but. If you can’t trust nurses and doctors, who can you trust? South Carolina nursing home abuse lawyers see situations like this all the time. As hard as it can be to face this sort of thing, you need to do it head-on.

Your South Carolina nursing home abuse lawyer will investigate your allegations and see what kind of evidence they can dig up. If there’s ample proof that your relative is being abused, they’ll help you file a civil complaint. The people named in the complaint will depend on who was responsible for the abuse. Even if it was a fellow resident, the nursing home may still be liable for your loved one’s injuries. Your attorney is going to work hard to get your family the compensation they deserve.