Nursing Home Medical Malpractice and Abuse in South Carolina

24th October 2011
By IvanBlackwell in Medical Malpractice
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Wrongful Death or Negligence May Result From Malpractice, Instead of Nursing Home Negligence

The case of wrongful death or injury of elderly residents might be the result of malpractice, instead of negligence or abuse. Experienced attorneys have learned the best way to evaluate, gather details and apply the law in establishing blame, if any exist. Below are common elements of medical malpractice in nursing home cases.

The nursing home is saying that it is the doctor's fault. What's a physician's standard of treatment and how do I prove medical malpractice?

Inside a suit towards a doctor, medical malpractice most generally happens under the following conditions:
• The physician delayed prognosis of a medical problem, or failed to diagnos the patient's medical condition entirely;
• The physician effectively made the correct prognosis, and then did not correctly treat the medical problem properly;
• The doctor failed to perform a surgical process effectively; or
• The physician fails to obtain the informed consent of the individual prior to doing a procedure or operation.

Building a Case of Negligence against a Health Care Facility

Any time a South Carolina nursing home or patient treatment facility places profit over adequate care whether as a result of insufficient supervision, understaffing or otherwise, and your loved one is hurt or killed as a result, the nursing home ought to be held responsible for your losses.

The Strom Law Firm, LLC has been fighting nursing home abuse for more than 15 years.

Proving a Nursing Home is Accountable for the Death of a Loved One

In a situation where a resident dies due to the nursing home's negligence, it is not essential to prove the resident would have survived if not for the negligence. In the event the facility accelerated the resident's demise in any way, it could be liable for the death, and if the negligence brought the resident further pain and suffering, the nursing home may be liable to the resident's estate for mental suffering.
Here are some factors that determine decide whether or not a nursing home is guilty of negligent supervision or care:

Nursing home operators are under a duty to exercise reasonable care to avoid injuries to their patients, and the reasonableness of the care is assessed relative to the patient's physical and psychological condition. A nursing home has a duty to safeguard residents from the foreseeable consequences of their various bodily and mental impairment(s), which includes taking reasonable precautions to protect those that are unable to protect themselves.

In many states, there is certainly not a duty to have a one-to-one nurse/patient ratio or offer 24-hour monitoring of residents.

Nonetheless, a nursing home should consider every resident's physical and mental condition, and formulate an appropriate standard of treatment for each resident.

If you or a loved one was hurt or died as a result of the negligence of a nursing home worker, contact the nursing home attorneys in the Strom Law Firm, LLC today to get a free consultation to talk about your case and to learn more about how we are able to put our expertise to work for you.
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