Abuse, Neglect, and Exploitation

Abuse, neglect, and exploitation of vulnerable adults is a growing concern in South Carolina. Reports of abuse, neglect, and exploitation of people in nursing homes and other institutional settings in South Carolina has increased 25% since 2000. The South Carolina Department of Health and Human Services has received over 5,000 complaints of abuse and neglect within the past year.

Nursing home abuse refers to elder abuse that takes place in a residential, long-term care facility. It is also sometimes referred to as institutional elder abuse. Such abuse includes:

	Physical abuse - physical injury from falls, from kicking, hitting, punching, or using physical restraints unnecessarily
	Neglect - abandonment, malnutrition or dehydration, bed sores, gangrene, aspiration pneumonia, over-sedation, withholding prescription drugs, or withholding hygienic care
	Sexual Abuse - forced sex acts or acts committed with a resident who is physically or mentally unable to grant or deny permission
	Mental Abuse - isolation from friends and family or verbal assaults
	Financial Abuse - stealing an elder's money, identity theft, or missing property

The Protection of Our Laws

There are both federal and state laws designed to protect nursing home residents.  In South Carolina, § 16-3-1050 makes it is a crime for certain persons to fail to report abuse, neglect, or exploitation of a nursing home resident, to abuse, neglect, or exploit a nursing home resident, or to interfere with the investigation of a report of abuse, neglect, or exploitation. Further, South Carolina Code § 43-35-5, the Omnibus Adult Protection Act, establishes The Long Term Care Ombudsman Program which is responsible for investigating "reports of alleged abuse, neglect, and exploitation of vulnerable adults occurring in facilities."

Preventing and Detecting Elder Abuse in Nursing Homes

The following are some steps that residents and families can take to limit the potential for nursing home abuse:

	Look for Signs of Abuse: Dehydration or malnutrition;   Bed sores or frozen joints;   Poor hygiene;   Abrupt behavioral changes;   Signs of physical injuries such as bruises, cuts, burns, sprains, or fractures;   Venereal disease or genital infections, vaginal or anal bleeding;   Nursing home resident appears to be over-sedated;   Nursing home resident is not allowed to be alone with visitors;   Large sums of money suddenly withdrawn from resident's bank accounts;   Wills and/or financial documents are abruptly changed;   Nursing home resident’s possessions are missing; or   Nursing home staff does not allow resident to have visitors or there are delays in allowing visitors to see the nursing home resident.
	Make frequent visits to the nursing home at various times, including unscheduled visits.
	Speak regularly with care providers and nursing home staff. Press them for answers to your questions.
	If you are a resident, build relationships with other residents. If you have concerns about the quality of your care, speak up for yourself.

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If you or someone you know has been a victim of nursing home abuse and neglect, call the Futeral Law Firm locally at (843) 284-5500, toll free at (877) 913-5500, or email info@charlestonlaw.net.

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Disclaimer

The contents of this web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The attorneys of the Futeral Law Firm are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

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