Discovering that your loved one may have been physically abused in a nursing home is devastating. You trusted this facility to care for someone you love, and instead, they may have been harmed. The guilt, anger, and fear you’re feeling right now are completely understandable.
At Briggs Law Group, our Charleston nursing home abuse lawyers represent families facing this nightmare. Physical abuse in nursing homes happens more often than most people realize, and understanding the warning signs can make all the difference for your loved one’s safety.
What Constitutes Physical Abuse in Nursing Homes?
Physical abuse means any intentional act that causes physical harm or injury to a resident. This goes beyond neglect. Physical abuse is deliberate.
Common forms include hitting, slapping, pushing, kicking, pinching, or shaking residents. It can also include inappropriate restraint use, rough handling during transfers, force-feeding, or withholding mobility aids like walkers or wheelchairs as punishment.
Physical abuse is different from neglect, though both are serious. Neglect happens when staff fail to provide adequate care, leading to bedsores, malnutrition, or dehydration. Physical abuse is an intentional act meant to harm or control. Both violate South Carolina law, but they require different legal approaches.
The impact extends beyond visible injuries. Residents who experience abuse often develop anxiety, depression, and a fear of caregivers. The psychological trauma can be as damaging as the physical harm.
Warning Signs of Physical Abuse in Nursing Home Residents
Recognizing the signs early can help you protect your loved one before the situation worsens.
Physical signs include unexplained bruises, welts, cuts, or burns, particularly in unusual locations. Frequent injuries that staff can’t adequately explain should raise concerns. Broken bones, sprains, or dislocations without a clear cause deserve investigation. Bruising on inner arms, wrists, or ankles may indicate rough handling or inappropriate restraint use.
Behavioral changes often accompany physical abuse. Your loved one may become withdrawn, anxious, or fearful around certain staff members. They might flinch when approached or seem reluctant to speak in front of caregivers. Some residents become unusually quiet, while others display new agitation or aggression.
Pay attention to what your loved one tells you. Even residents with cognitive impairment may try to communicate that something is wrong. Take these statements seriously, even if your loved one has memory issues.
Environmental red flags at the facility signal problems. Frequent staff turnover, understaffing, residents left unattended, unsanitary conditions, or lack of supervision all create environments where abuse is more likely. If staff seem defensive, unwilling to answer questions, or restrict your access to your loved one, investigate further.
If you’ve noticed these warning signs, call Briggs Law Group at (843) 429-6726 for a free consultation about your Charleston nursing home abuse concerns.
Why Physical Abuse Happens in Nursing Facilities
Chronic understaffing is one of the most significant risk factors. When facilities don’t hire enough caregivers, staff become overwhelmed. Exhaustion and stress can lead to frustration that some workers take out on vulnerable residents. Understaffed facilities also lack adequate supervision.
Inadequate training contributes to the problem. Some staff receive minimal training in proper care techniques or de-escalation strategies. Without this training, workers may resort to physical force when dealing with challenging behaviors.
Poor screening and hiring practices allow individuals with violent tendencies to work in elder care. Some facilities fail to conduct thorough background checks because they’re desperate to fill positions.
Lack of oversight creates an environment where abuse continues unchecked. If management doesn’t take complaints seriously or retaliates against staff who report concerns, abusers face no consequences.
What to Do if You Suspect Physical Abuse
If you believe your loved one is being physically abused, act quickly. Their safety is the priority.
First, ensure your loved one’s immediate safety. If they’re in danger, consider removing them from the facility. You may need to consult with their doctor or contact Briggs Law Group to discuss the safest approach, but protecting them comes first.
Document everything thoroughly. Take photographs of visible injuries. Get copies of all medical records, incident reports, and care notes. Write down dates, times, and descriptions of injuries or concerning behaviors. Keep detailed notes of conversations with staff.
Report the abuse to multiple authorities. In South Carolina, you must report suspected elder abuse to the Department of Social Services Adult Protective Services (APS) at 1-888-227-3487 (1-888-CARE4US). Also report to the South Carolina Department of Health and Environmental Control, which licenses nursing homes. If the abuse was severe, file a police report.
Contact an attorney experienced in nursing home abuse cases. At Briggs Law Group, we handle elder abuse and nursing home negligence cases throughout Charleston and the surrounding area. We can investigate what happened, preserve evidence before it disappears, and hold the facility accountable. Your consultation is completely free.
Talk to your loved one’s doctor about the injuries and needed treatment. Medical records documenting abuse-related injuries strengthen your case.
Consider finding alternative care. If you haven’t moved your loved one, start looking at other facilities or home care options. Staying in an abusive environment puts them at continued risk.
Your Legal Rights When a Nursing Home Resident is Abused
When a Charleston nursing home fails to protect your loved one from physical abuse, they can be held legally accountable.
Nursing homes have a duty of care to residents. They must provide a safe environment, hire qualified staff, maintain adequate staffing, properly train employees, and respond appropriately to signs of abuse. When they fail, and a resident is harmed, the facility can be liable.
You may be entitled to compensation for medical expenses, pain and suffering, and emotional trauma. If the abuse shortened your loved one’s life or contributed to their death, wrongful death damages may apply. Punitive damages are sometimes available in cases of particularly egregious abuse.
Beyond compensation, legal action creates pressure for systemic changes that protect other residents. Facilities that face legal consequences are motivated to improve staffing, training, and oversight.
Under South Carolina law (S.C. Code Ann. §15-3-530), you generally have three years from when the abuse occurred, or from when you discovered it, to file a lawsuit. However, evidence can disappear, and witnesses’ memories fade. The sooner you act, the stronger your case.
Call Briggs Law Group at (843) 429-6726 to discuss your legal options. We work on a contingency fee basis, which means you don’t pay us unless we recover compensation for your family.
How Briggs Law Group Handles Nursing Home Abuse Cases
When you contact Briggs Law Group about a nursing home abuse case, we start with a free, confidential consultation. We listen to your concerns, review your documentation, and help you understand whether you have a strong case.
If we take your case, we will handle a thorough investigation. This includes obtaining medical records, incident reports, and facility documentation. We interview staff, residents, and witnesses. We work with medical professionals who can evaluate injuries and connect them to the abuse.
We handle all communications with the facility, their insurance company, and their attorneys. You don’t have to face them alone. We deal with the legal complexities so you can focus on your loved one’s care.
We work on a contingency fee basis. You don’t pay us anything unless we recover compensation. There’s no upfront cost, no hourly fees, and no risk to you. We only get paid if you get paid.
Frequently Asked Questions About Nursing Home Abuse in South Carolina
How common is physical abuse in nursing homes?
Studies suggest that 1 in 10 nursing home residents experience some form of abuse or neglect, though many cases go unreported. Physical abuse, specifically, is less common than neglect, but both violate South Carolina law and your loved one’s rights.
What if my loved one has dementia and can’t clearly tell me what happened?
Residents with dementia can still be reliable witnesses. Courts understand that cognitive impairment doesn’t mean someone is making up allegations. We also build cases using physical evidence, medical records, witness testimony, and expert opinions. Your loved one’s injuries and behavioral changes speak for themselves.
Will the nursing home retaliate if I report abuse?
Retaliation is illegal under South Carolina and federal law. Nursing homes cannot discharge your loved one or treat them poorly because you reported abuse. If retaliation occurs, that’s an additional legal violation. Having an attorney involved helps prevent retaliation.
How long do nursing home abuse cases take?
Every case is different. Some settle within months, while others take a year or more if they go to trial. Timeline depends on the severity of abuse, facility cooperation, and whether liability is disputed. We work efficiently while ensuring your case is thoroughly prepared.
What if I already moved my loved one to a different facility?
Moving your loved one doesn’t affect your legal rights. Ensuring their current safety is the most important step. You can still pursue legal action against the facility where abuse occurred.
How much does it cost to hire a nursing home abuse lawyer?
Briggs Law Group works on a contingency fee basis. You don’t pay any upfront costs or hourly fees. We only get paid if we recover compensation. If we don’t win, you don’t owe us anything. Your initial consultation is completely free.
Can I sue if my loved one signed an arbitration agreement?
Many nursing homes require arbitration agreements, but these don’t prevent you from pursuing justice. South Carolina courts have ruled that some agreements are unenforceable, particularly if signed under pressure or without full understanding. We can review the agreement and explain how it affects your case.
Protecting Vulnerable Residents and Pursuing Accountability
Physical abuse in nursing homes violates the trust families place in these facilities. Your loved one deserves safe, dignified care.
If you suspect your family member has been physically abused in a Charleston area nursing home, don’t wait. The longer abuse continues, the more damage it causes. Taking action now protects your loved one and helps prevent other residents from experiencing similar harm.
Briggs Law Group understands what families go through when they discover a loved one has been abused. We handle nursing home abuse cases throughout Charleston with the seriousness and compassion they deserve. Contact us today!