Charleston Nursing Home Fatality Lawyers

Elder Law Attorneys for Wrongful Death Cases in Dorchester and Berkeley County

South Carolina houses 189 nursing homes. Of these facilities, 63 show serious deficiencies, and 128 face infection-related problems, jeopardizing residents’ safety and well-being. Furthermore, these issues have led to substantial penalties totaling $4.89 million, signaling a worrisome neglect and substandard care trend.

The Steinberg Law Firm, with its team of nursing home injury and wrongful death attorneys, plays a pivotal role in championing the rights of vulnerable residents and safeguarding them. Our attorneys actively investigate cases involving neglect, abuse, and wrongful death ensuring that those who are responsible are held accountable. Our Charleston nursing home abuse and neglect attorneys are instrumental in pursuing justice, securing compensation, and enhancing conditions for nursing home residents. If your loved one has suffered severe or fatal injuries from a nursing home, contact our personal injury attorneys at 843-720-2800 to learn about legal steps and remedies you can take. 

Fatal Nursing Home Injuries 

Nursing homes are responsible for ensuring their residents’ safety and well-being, and neglect or abuse can lead to dire consequences. Recognizing the common types of fatal injuries in nursing homes is essential for raising awareness, improving care standards, and holding negligent facilities accountable. 

Falls

Falls are a significant concern in nursing homes, often leading to fatal injuries. According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of injury-related deaths among adults aged 65 and older. 

Pressure Ulcers (Bedsores)

Untreated pressure ulcers, or bedsores, can progress to severe infections like sepsis, which can be fatal. The Agency for Healthcare Research and Quality (AHRQ) states that pressure ulcers are associated with increased mortality rates in nursing home residents.

Medication Errors

Medication errors, such as incorrect dosages or administration, can lead to adverse drug reactions or complications that prove fatal.

Choking

Residents may choke on improperly prepared or administered food, leading to asphyxiation. Choking incidents can be fatal if staff members do not respond promptly. 

Infections

Nursing home residents, particularly those with compromised immune systems, are susceptible to pneumonia and urinary tract infections. Inadequate infection control measures can lead to the spread of illnesses and subsequent fatalities. 

Physical Abuse

Physical abuse by staff or other residents can result in fatal injuries, including head trauma, fractures, and internal injuries.

Dehydration and Malnutrition

Failure to provide adequate hydration and nutrition can lead to severe health complications and death in nursing home residents.

It is essential to note that many of these injuries are preventable with appropriate care, monitoring, and staff training. A study examined the records of 555 residents from 32 nursing homes who returned to their respective nursing homes following hospitalization. The researchers found that among the 555 long-term care residents involved in 762 discharges, adverse events emerged in 37.3% of cases. A significant 70.4% of these events were deemed preventable or could have been improved with intervention. 

Liability for Charleston Nursing Home Fatalities

Proving that a nursing home is liable for a fatal injury typically involves gathering evidence and building a solid case. An experienced attorney with a history in nursing home neglect cases resulting in death can guide you through the process and help you gather relevant evidence.

Important Evidence in Charleston Nursing Home Wrongful Death Cases

Evidence not only sheds light on the truth but also empowers personal injury attorneys to advocate effectively for those who have lost their loved ones in nursing home settings, ensuring their rights are upheld, and justice is served. Critical pieces of evidence can include the following:

• Medical records
• Autopsy and death certificate
• Witness statements
• Expert witnesses
• Photographs and documentation
• Incident reports
• Staffing records
• State and federal regulations
• Medical expert opinion
• Prior complaints and violations

Depending on the evidence you gather, you may need to file a lawsuit against the nursing home for wrongful death or negligence. Your attorney will guide you through this process.

The case may be resolved through a settlement with the nursing home or proceed to trial, where the evidence will be presented to a judge or jury. Proving liability for a fatal injury can be challenging, but with thorough investigation and proper legal representation, you can seek justice for your loved one.

Types of Challenges in Charleston Nursing Home Fatal Injury Cases

Proving that a nursing home is responsible for a fatal injury is a complex and intricate process, and personal injury attorneys play a critical role in securing compensation. Typical challenges faced in nursing home fatal injury cases include:

Limited Physical Evidence

Unlike other personal injury cases where there may be clear physical evidence, nursing home cases often lack definitive proof of wrongdoing. 

Vulnerable Witnesses

Many nursing home residents are elderly and may suffer from cognitive impairments or other health issues that make them unreliable witnesses. This can make it challenging to gather firsthand accounts of the events leading up to the fatal injury.

Medical Complexity

Nursing home cases often involve complex medical issues. Establishing a direct causal link between the nursing home’s actions or neglect and the fatal injury requires expert medical testimony, which can be costly and difficult to obtain.

Lack of Documentation

Nursing homes may not adequately document incidents or alter records to cover up negligence or abuse. Proving such alterations can be a significant challenge.

Expert Witnesses

Relying on expert witnesses is often necessary, but finding qualified experts who can provide credible testimony can be challenging and expensive.

Burden of Proof

The burden of proof in civil cases rests on the injured party or their family. Establishing liability by a preponderance of the evidence can be daunting, particularly when the negligent party has access to legal resources.

Nursing home injury cases are inherently complex due to the unique circumstances and challenges they present. Despite these complexities, our dedicated legal professionals work tirelessly to hold negligent nursing homes accountable and seek compensation for families who have suffered the loss of a loved one due to preventable injuries.

Are You Concerned About How Your Loved One Was Cared For?

If you had a loved one or family member in a South Carolina nursing home, and they tragically died amid questionable circumstances, their death may very well have been entirely preventable. At the Steinberg Law Firm, our Charleston nursing home attorneys have extensive experience investigating our clients’ claims and pursuing the relief their family is entitled to. We are a five-star rated personal injury and wrongful death firm committed to pursuing justice on behalf of families in Charleston, Summerville, Goose Creek, and throughout South Carolina. We provide free consultations during which we will answer your questions, clearly explain the recovery process, and outline your options. If you decide to bring the Steinberg Law Firm on to your case, we won’t collect any fee unless we can connect your family with compensation. To learn more, and to schedule a free consultation today, call 843-720-2800. You can also complete our secure online contact form, and one of our Charleston nursing home injury lawyers will be in touch shortly.