Nursing Home Lawyer Greenville, SC

Our trusted nursing home lawyer Greenville, SC, relies on from Poliakoff & Associates, P.A., knows that you may be surprised to learn that your loved one is experiencing elder abuse from people at their nursing home. Most family members take a great deal of care to ensure that they are placing their loved ones in a nursing home facility that will take care of their needs and help with medical concerns they may have. When you speak with your loved one, and they indicate that they are being abused or neglected in some way, we understand that this news can be shocking and, in some cases, it may be hard to believe. Your loved one may have a history of exaggerating things or being dramatic, but we encourage you always to take an indication of abuse seriously. Our Greenville, South Carolina nursing home lawyer wants to help you see the signs of abuse. For more information on helping your family member, please call us now. 

Understanding the Signs of Elder Abuse

Many times, family members and loved ones do not see the signs of elder abuse. Especially when it occurs in nursing homes, these people may have so much experience with elder abuse that they know how to hide it well. That is why we want to equip our clients with the knowledge to spot elder abuse, verify their loved one’s stories, and have an attorney they can trust. 

• Physical Abuse: Our Greenville nursing home lawyer knows that this is one of the most common kinds of abuse to spot. You must take care to learn about your loved one’s habits: are they mobile? Are they in a wheelchair or a walker? When they begin having unexplained injuries like bruising, cuts, and broken bones (especially those who are immobile), these are signs that abuse may be occurring.
• Psychological Abuse: This does not come with clear signs like physical abuse might. Your loved one may begin showing signs of fear around certain people in the nursing home, or they may, in general, be more anxious, stressed, and afraid. Never think this is a routine change in behavior. 
• Financial Abuse: When your elderly family member is in a nursing home, it is crucial to have someone they trust monitoring their finances. When things begin to change suddenly (they rewrite their will or move money around they normally wouldn’t) you want someone to see it quickly and bring it to your attention.

When You Have Signed a Nursing Home Arbitration Agreement

It is very common for nursing homes to require men and women to sign an arbitration agreement before moving into the facility. These agreements may include a broad range of stipulations; however, as a Greenville, SC nursing home lawyer, we find that most include the following terms:

• All complaints must be processed through arbitration
• No civil court can intervene
• The resident will be responsible for any legal fees
• Any and all action taken is to remain confidential

For rather obvious reasons, family members and residents may raise an eyebrow when reviewing an agreement like this. That being said, because nursing home care may be necessary, arbitration agreements are typically signed by residents because they feel like they have no other choice. When abuse or neglect arises, a situation involving an arbitration agreement can be worrisome. 

If you or a loved one has signed an arbitration agreement and believe abuse or neglect is taking place, please know that you may have options and rights. One of these rights includes the ability to speak with a nursing home lawyer in Greenville, SC. You should do so. A good lawyer can discuss your case and review the arbitration agreement. In many of these agreements, some weak spots or vulnerabilities leave room for legal recourse. Even if there are no weak spots, having a nursing home lawyer Greenville, SC, has to offer on your side can be invaluable. 

If you choose to explore your legal options, you should remember the following:

• Make a formal report/complaint about your concerns to the facility
• Gather evidence and proof, and keep this documentation safe
• If your loved one is in immediate danger, you should remove them from the facility and/or call 911
• Avoid listening to people who tell you not to call a nursing home lawyer in Greenville, SC

At Poliakoff & Associates, P.A., we can help you to explore any options available and let you make a sound, practical decision based upon what we analyze. Rest assured, we are against abuse and neglect in a nursing home and will do our best to get justice. 

How Can I Get a Copy of My Medical Records (or My Loved One’s) from the Nursing Home

Because of privacy regulations through HIPAA and common misconceptions of the laws that apply to obtaining these records, it can be difficult to get medical records from a nursing home or any other medical facility. This difficulty is not only on the part of the person seeking these records but also may fall on the facility. 

That being said, there are federal and state laws that ensure patients and authorized representatives can access their medical records – as long as the laws are complied with. These laws include the right to inspect, review, and copy the records of a person living in a nursing home. 

A request for any copies must be in writing. This request must be delivered to a director, administrator, manager, facility, doctor, or provider. You will also be responsible for any fees that the facility may charge. The nursing home has thirty days to respond to the request. 

If the facility needs more time to comply with the request, they must give you a written statement of the reasons for their delay. They must also give you a date on which they will provide you with the records. The nursing home has no more than 60 days to gather the requested information. 

Federal Law for Obtaining Nursing Home Records

According to federal law, the nursing home residents, or their legal representative, have the right to access all records, including clinical records, within 24 hours of notice. They must also receive photocopies of the records and at a standard rate. 

It is the right of the resident to have personal privacy and confidentiality of all their records. At any time, the resident can approve or refuse the release of any of their records to parties outside the facility. The exception to this is when they are being transferred to another facility or a release is required by law. 

Important Tips

• You don’t have to give the facility a reason for requesting the records
• You should keep all copies of the record
• When you send the initial request, make sure you include a confirmation to ensure they get it (i.e., certified mail)
• As soon as you believe abuse or neglect is going on, you should request all records
• If you are a legal representative, send proof that you have the authority to access the records
• Make sure you request a complete copy of the chart

If you are being refused your records, or those of your loved ones, you should consult a nursing home lawyer in Greenville, SC, for further help. Furthermore, if it appears as if records are being falsified or manipulated, gather any evidence you have that suggests this and call a lawyer. 

What We May Ask from You

Once you decide to call, there will be things that are expected of you. First and foremost, we would appreciate your honesty, as well as transparency. Without these things, we may be unable to do our job as best as possible. In addition to these things, we ask that you:

• Be open about what happened
• Avoid hiding anything
• Disclose anything that might be evidence
• Be specific about the case details
• Remain committed to resolving the issue
• Be patient during the legal process

Do You Need a Nursing Home Lawyer for Abuse or Neglect?

Discovering abuse or neglect in a nursing home can be highly upsetting. You want answers, and more importantly, you want these horrible actions to stop – and never happen to anyone else. Finally, you may feel that you deserve to be compensated. We understand this and want to help. Call Poliakoff & Associates, P.A., today for a consultation. 

Get Help from a Greenville Nursing Home Lawyer!

If you would like to learn more about the signs of elder abuse in a nursing home and what you can do to prevent or stop it, please contact our trusted nursing home lawyer in Greenville, SC, from Poliakoff & Associates, P.A.

What Comes Next?

When nursing home abuse is either suspected or apparent, it’s imperative to reach out to a nursing home lawyer Greenville, SC residents and their families rely on. It can be heart-wrenching to learn that your aging loved one has fallen victim to nursing home abuse, and knowing what comes next can be overwhelming. One of the first steps necessary may be to secure the safety of your loved one by searching for a new facility. Additionally, it’s only natural to have questions about the legal process and damages in particular. Our team at Poliakoff & Associates, P.A., can assist with the process by gathering evidence, gaining an understanding of the damages, and pursuing your case. 

Searching for a New Nursing Home Facility

After someone you care about has succumbed to injuries from nursing home abuse, it can be hard to feel as though you can trust them being cared for in another facility. However, know that when you take the time to choose a nursing home carefully, you can mitigate the risk of further abuse. Consider the following tips: 

1. Ask for an in-person tour of nursing homes if possible
2. Keep a mental checklist while in the facility by asking yourself the following questions: 
   1. Is the facility clean? 
   2. What do the residents look like? 
   3. Do residents look engaged and well taken care of? 
   4. What kind of social engagement is available? 
   5. Ask questions about the food served
   6. What is the staff to resident ratio? 
   7. What is the attitude of the staff? 
   8. What types of training do staff receive? 
3. Seek out recommendations from people you know who have loved ones in nursing homes. 
4. Remain keenly aware of your loved ones wants and needs
5. Be prepared for your meeting with nursing home administration with a list of applicable questions

Sometimes, it may not be possible to care for your loved one on your own, making the desire for an exemplary nursing home facility imperative. Our nursing home lawyer in Greenville, North Carolina, knows that this can be a difficult step, but moving your loved one from their current unsafe situation is critical to their well-being. 

Gathering Evidence 

To ensure a favorable outcome against the negligent parties, the plaintiff will need to produce evidence that proves there was a 

• Duty of Care
• Breach of Duty
• Damages or Injuries Resulted

Upon review, our team will ask for any evidence to strengthen the claim and the compensation available. The evidence we may assist with gathering can include: 

• Photographs of Injuries
• Medical Records
• Your Loved One’s Account
• The Accounts of Eyewitnesses

Evidence is just the beginning of the process for proving the nursing home administration and staff were negligent. You must begin gathering evidence early on, in addition to keeping track of your observations. When you schedule your first consultation with our team, bringing any available evidence will be essential to review. 

Accessing Damages and Case Value

Amidst injuries, victims often want to know the possible value of their case and whether seeking legal action is genuinely in their best interest. The process of valuing your claim will first begin with a review of the evidence and the subsequent damages suffered by the victim. The following are some of the aspects of the case we will look at when valuing a claim: 

• Medical Expenses
• Future Medical Care
• Pain & Suffering
• Emotional Distress
• Miscellaneous Expenses

Nursing home abuse can produce devastating results, and legal action may be the only available recourse for victims. To learn more about Poliakoff & Associates, P.A., and the services we provide, schedule an appointment with our Greenville, SC nursing home lawyer without delay.

Does Your Loved One Have Bedsores?

If you suspect your loved one is suffering from nursing home neglect, you should contact a nursing home lawyer in Greenville, South Carolina right away. Nursing home neglect can lead to depression, malnutrition, and other serious medical problems for your loved one. Frustratingly, many of these health issues are perfectly preventable with proper attention.

Your loved one deserves the best care possible. They should be able to rely on their nursing home’s staff and caretakers to keep them in their best health, and in their best spirits. Unfortunately, it’s not always the case with many nursing homes. While there are plenty of reputable nursing homes, some are dangerous, sad, and abusive places, and you need to be on the lookout for any medical problems that can indicate a lack of care.

Of course, some medical problems for our older relatives typically come with age. As we get older, we get more fragile. But there are some red flags that can indicate problems at your loved one’s nursing home – particularly bedsores.

What Are Bedsores?

Bedsores (also known as pressure ulcers) are a frequently-encountered injury in patients that have been neglected. Bedsores form when there is long-term pressure applied to bony parts of the body, such as heels, ankles, or shoulders. However, bedsores can also be caused when a person’s skin stays in place while their body moves, which causes a painful sore that can last for weeks.

Bedsores primarily affect people who aren’t able to move very much on their own. If your loved one is confined to a wheelchair, or has difficulty getting up out of bed, they could be at risk of bedsores if their nursing home staff isn’t as attentive as they should be. Bedsores can usually be prevented with a minimal amount of care and attention: Moving or repositioning a person or placing a soft cushion under their affected body part is usually enough.

While they might seem like small injuries, bedsores can develop into more severe health problems if they become infected. They are also a major sign that your loved one hasn’t been receiving the care they deserve. If your relative has developed bedsores during their time in a nursing home, you should start asking questions about the care they receive – and you should reach out to a nursing home lawyer in Greenville, SC.

Contact Poliakoff & Associates, P.A. Today

Bedsores are a painful injury, but they’re perfectly preventable. Any nursing home staff should be familiar with pressure ulcers, and they should be adequately prepared to prevent them from hurting your loved one. If your relative has developed bedsores during their stay at a nursing home, it could be a sign that all is not as it seems: No matter how polished and clean a nursing home is on the outside, there’s always the chance of foul play behind the scenes.

At Poliakoff & Associates, P.A., we’re committed to ensuring your loved one gets the best care imaginable. Nobody should have to suffer through neglect as they get older, and nobody should have to deal with the pain of bedsores when they have staff on hand who should be working to prevent them.

If your loved one has suffered from bedsores during their nursing home stay, reach out to Poliakoff & Associates, P.A. to see how a nursing home lawyer in Greenville, SC can help you get the compensation you deserve.