Nursing Home Wrongful Death in South Carolina | 1.18.2022

If your loved one has passed away due to severe abuse or neglect in a nursing home or other extended care facility, then you may be able to work with our nursing home negligence attorneys to file a lawsuit against the facility and its staff. At Cavanaugh & Thickens, we have seen first-hand the pain nursing home neglect can have on loved ones, and we are here to help you through this difficult time.

Our experienced legal team can help you evaluate the case and potentially recover compensation for medical expenses, funeral costs, pain and suffering, and much more. Let our team help you and your family get the justice you deserve. Contact us whenever you’re ready to begin your road to recovery and justice – we’re here for you 24/7.

How a Nursing Home Wrongful Death Happens?

When your loved one enters a nursing home, extended care, or rehabilitation facility, you expect them to receive excellent care and treatment. When staff members fail to uphold these expectations, the consequences can be devastating and even life-threatening to the patient. A few ways wrongful death cases may happen in an extended care setting can include:

  • Failure to provide enough staff to handle the number of residents admitted
  • Failure to provide adequate resources to staff
  • Abuse or negligent injury to residents
  • Failure to diagnose and treat medical conditions such as bedsores or sepsis
  • Neglect of residents’ health care needs
  • Failure to properly administer medication, and more.

If your loved one was being neglected by staff in any of the previously mentioned methods or another, we are so sorry. We understand that you and your family most likely took great care in selecting a facility that you believed would best care for your loved one, and you are devastated that your sincere expectations were not met. Our team of experienced nursing home neglect attorneys can help you fight to hold those responsible for your loss accountable and recover the compensation you deserve under South Carolina law. Simply call (803) 888-2200 or fill out our consultation form to schedule your free consultation with one of our award-winning attorneys.

If I Hire an Attorney, What Will The Legal Process Look Like?

While every case is different depending on the circumstances and specifics of the case, the general process is as follows.

1. Hire an experienced attorney. You don’t have to hire an attorney, but there are many benefits to doing so. For instance, attorneys should have an in-depth understanding of the federal and state laws governing nursing homes and extended care facilities and can help you verify whether these requirements were met.

2. Pleadings. Pleadings are the documents filed when your attorney files a lawsuit on behalf of you and/or the estate (plaintiffs) against the negligent parties (defendants) with the court. The defendant will then respond with pleadings of their own, explaining their side of what happened. Many cases involving nursing home negligence also involve potential medical malpractice, and a Columbia, SC nursing home negligence attorney can help you ensure that the specific pleading requirements for med-mal cases are also met.

3. Discovery. This is when both sides exchange information and evidence to learn the details of the case. Nursing homes and rehabilitation facilities must keep specific records under federal and South Carolina law. An experienced nursing home negligence attorney will request all relevant records and evaluate them for compliance. Additionally, most facilities have internal standards which should be vetted for compliance.

4. Settlement. Many nursing home negligence and wrongful death cases settle outside of court. This means both sides come to an agreement on a settlement amount. An attorney can help you evaluate a settlement offer based on their experience and the facts of the case.

5. Trial. Sometimes the parties cannot come to an agreement on a settlement amount. In this case, it will proceed to trial in front of a jury who decides the final verdict.

At Cavanaugh & Thickens, our team works on a contingency fee basis, meaning you owe us nothing out-of-pocket: no upfront charges, no consultation fees, and no retainer fee. To schedule your free consultation, call (803) 888-2200 or fill out our online form.

Who Can File a Nursing Home Wrongful Death Lawsuit?

Under South Carolina law, the executor or administrator of the deceased person’s estate can file the wrongful death claim. If the deceased did not have a will, name the executor, or the executor does not wish to serve, then the court may name someone pursuant to South Carolina probate law.

Who Receives Compensation From a Nursing Home Wrongful Death Lawsuit?

The damages recovered in a nursing home wrongful death case go to the deceased person’s family members. In South Carolina, family members may include:

  • The deceased’s surviving spouse and/or children.
  • If not applicable, then the deceased’s surviving parents
  • If not applicable, then the deceased’s other heirs

Have a question about who can file a nursing home wrongful death case in SC or who receives compensation from the case? We’d be more than happy to answer them for you. Call (803) 888-2200 and we’ll explain everything you need to know to move forward.

Why File a Lawsuit for a Nursing Home Wrongful Death?

In addition to providing family members with significant compensation for their untimely loss, filing a wrongful death case against nursing homes and accompanying parties can:

  1. Encourage nursing homes to change their policies and behavior to protect current and future residents and families, and
  2. Hold the nursing home responsible for your loss.

No one should lose a loved one, especially somewhere they are supposed to be cared for and supported. Our award-winning nursing home negligence attorneys are here for you 24/7 at (803) 888-2200 or via our online chat and consultation form. Our firm offers virtual and in-person consultations for your convenience.

South Carolina Nursing Home Negligence and Wrongful Death Attorneys

With over 60 years of combined experience, the award-winning legal team at Cavanaugh & Thickens helps clients get the justice they deserve following nursing home negligence, medical malpractice, and wrongful death cases every day. We can help you through this difficult time. Our team is here for you 24/7.

Disclaimer: The opinions and ideas in this article are for informational purposes only and are not intended as legal advice. Each case is different and must be evaluated based on its own particular facts and merits.

SCHEDULE A FREE CONSULTATION

Schedule a free consultation with a Columbia, SC personal injury attorney about your case. Fill out the form below to get started.