South Carolina Elder Abuse and Neglect Law

by scelderlawyer on March 14, 2012

Types of Elder Abuse & Signs of Neglect

Physical Abuse at South Carolina Nursing Homes

Under South Carolina law, physical abuse includes: slapping, hitting, kicking, biting, choking, pinching, burning, drugging a patient or confining a patient to control behavior.

A person does not have to inflict abuse to be held responsible for the physical abuse. One is culpable by allowing it to take place without doing anything to stop or prevent the abuse.

Signs of Elder Abuse and Neglect:
Nursing home residents suffering from physical abuse by their caregivers (home caregivers, family member caregivers) may show:

  • bruises, welts, burns
  • unexplained fractures or other physical injuries
  • repeated accidents
  • injuries left untreated
  • refers to caregiver’s temper or anger
  • nervous or quiet around caregiver
  • runs away from the home or tries to
  • has marks or scars from restraints on wrists
  • shows effects of chemical restraints such as incoherence, grogginess, excessive sleep
  • sudden fear, restlessness, anxiety
  • prevented from getting medical treatment or being alone with visitors

Emotional Abuse at Nursing Homes

In South Carolina, emotional abuse is defined as deliberately threatening, harassing or engaging in any act of intimidating behavior that causes fear, humiliation, degradation, agitation, confusion, or other forms of serious emotional distress.

Signs of Abuse:

  • unexplained changes in behavior
  • withdrawal
  • fear, restlessness, anxiety
  • unexplained weight gain or loss
  • sudden loss of interest in life
  • appearance of sudden demise of mental health
  • signs of nervousness, distrust or fear toward caregiver, conflicted
  • symptoms of extreme shock such as the development of tics: rocking, refusing to speak
  • isolation

Sexual Abuse at Nursing Homes

South Carolina law punishes for actual or attempted sexual battery.

Signs of Abuse:

  • unexplained bruising around genitals or breasts
  • unexplained anal or vaginal bleeding
  • symptoms of veneral disease
  • unexplained fear, restlessness, anxiety
  • appearance of sudden demise of mental health
  • symptoms of shock
  • unexplained change of staff policy that isolates the resident or prevents you from being alone with the resident

Nursing Home Neglect

“Neglect,” as per South Carolina code, means “the failure of a caregiver to provide the care, goods, or services necessary to maintain the health or safety of a vulnerable adult.” This failure to provide includes inadequate nutrition, clothing, housing, supervision (if needed), medical services and medicine in accordance with treatment plan.

S.C. code also recognizes that neglect may consist of repeated conduct or a single incident that has resulted in serious physical or psychological harm, or substantial risk of death.

Signs of Neglect:

1. Bedsores & Unexplained Rashes

2. Unexplained Falls

3. Malnutrition and dehydration

4. Body odor, soiled sheets or clothing, unkempt

5. Injury from Elopement & Wandering

If you feel your loved one is not safe, or the resident has already suffered serious injury from neglect, reach out to our South Carolina nursing home abuse and neglect attorneys to learn options for recovering loss for your loved one. We’ll help you evaluate your case.

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