Nursing Home Negligence vs. Abuse: Key Differences

Story by Gregory Rouse
December 5, 2024

Nursing home negligence and abuse are deeply troubling issues, and they occur all too often in South Carolina facilities. State agencies, like the Long Term Care Ombudsman office, investigate nearly 8,000 complaints annually regarding the care of residents, highlighting the widespread nature of these concerns.

While both abuse and neglect are types of nursing home malpractice, they represent different forms of harm. Understanding the signs of each and knowing your legal options can help you protect your loved one’s well-being and seek compensation for the harm they’ve endured.

What Is Nursing Home Negligence?

Nursing home negligence occurs when staff or the facility fails to meet the expected standard of care, causing harm. These failures are often unintentional and arise from mistakes, oversights, or insufficient resources. Studies indicate that up to 95% of residents may experience neglect or see another patient being neglected when living at care facilities.

Common types of nursing home neglect include:

Type of Neglect	Description	Signs To Look For
Medical	Failing to monitor health conditions or provide medications as prescribed.	Missed or incorrect medication doses Frequent health crises or worsening conditions Unexplained hospital visits
Basic Needs	Neglecting to supply sufficient food and water or maintain a clean environment.	Noticeable weight loss or dehydration Dirty or cluttered living spaces Complaints of hunger or thirst
Hygiene	Ignoring a resident’s need for bathing, grooming, or changing soiled clothing.	Bedsores, infections, or rashes Strong body odors Dirty clothing or bedding
Safety	Overlooking environmental dangers or failing to repair broken equipment.	Frequent falls or unexplained injuries Broken or unsafe equipment Slippery floors or poor lighting

What Is Nursing Home Abuse?

Abuse in a nursing home is an intentional act that causes harm, whether physical, emotional, or financial. Unlike negligence, abuse involves deliberate actions taken by staff, caregivers, or other residents. Emotional and physical abuse are the most common, with 29% of residents experiencing physical harm and 40% of staff admitting to emotional abuse in one study. Here’s a closer look:

Type of Abuse	Description	Signs of Mistreatment
Physical	Intentionally causing physical harm through hitting, pushing, or restraining.	Bruises, cuts, or unexplained injuries Frequent trips to the hospital Fearful or flinching behavior around certain staff
Emotional/Psychological	Using threats, humiliation, or intimidation to inflict mental distress.	Sudden withdrawal or depression Unexplained changes in mood or behavior Avoiding certain caregivers or making less eye contact
Financial	Exploiting a resident’s finances through theft, fraud, or manipulation.	Unusual bank withdrawals or unpaid bills Missing valuables Gifts or financial benefits going to a caregiver
Sexual	Forcing or coercing sexual acts or inappropriate touching without consent.	Bruising or irritation in sensitive areas Discomfort or fear around specific staff Unexplained infections or changes in demeanor

Legal Recourse for Nursing Home Negligence or Abuse

Abuse and neglect differ in intent, but both inflict harm on vulnerable nursing home residents. Families have the right to seek compensation when this occurs. If your loved one has experienced neglect or abuse in a nursing home, take legal action against those responsible by following these steps:

• File a complaint. Report the abuse or neglect to the appropriate authorities. In South Carolina, this includes contacting the Long Term Care Ombudsman or the Department of Public Health (DPH). If the situation involves immediate danger, call 911.

• Consult an attorney. Reach out to a skilled lawyer experienced in nursing home abuse cases. They will evaluate the situation, explain your legal rights, and guide you through the next steps.

• Submit a Notice of Intent to Sue. Before filing a lawsuit, South Carolina law requires a Notice of Intent to File Suit, supported by an expert affidavit outlining the claim.

• Participate in mediation or file a lawsuit. Many cases proceed to mediation first, allowing both sides to discuss a resolution. If mediation fails, your attorney can file a lawsuit, initiating the legal process for accountability and compensation.

Protect Your Loved One in a Nursing Home

Pursuing a claim for nursing home negligence or abuse can be challenging. An experienced attorney can support you by gathering evidence, proving liability, and seeking a settlement for medical costs, pain, and suffering.

At Berly Rouse, we handle personal injury cases, including nursing home malpractice. We understand South Carolina’s laws and are committed to holding negligent or abusive facilities liable for the harm they cause.

Your loved one deserves respect, dignity, and proper care. If you suspect neglect or abuse, contact Berly Rouse for a free consultation. Together, we can work to protect your family and hold those responsible accountable.

Categories: Nursing Home Malpractice