Why Do Families Throughout South Carolina Trust Hughey Law Firm for Elder Abuse Cases?
- Nathan Hughey, our founder, began his legal career defending nursing homes.
- Nathan Hughey teaches other attorneys about elder abuse law.
- Attorneys and law firms across South Carolina refer elder abuse cases to us.
- Over 70% of our caseload consists of elder abuse cases.
- Since 2007, we have resolved over 1,000 elder abuse cases in South Carolina.
How Neglect and Abuse Can Lead to Nursing Home Spinal Cord Injuries
- Inadequate supervision. Falls are the leading cause of spinal cord injuries in adults over 65, according to the National Spinal Cord Injury Statistical Center. In a nursing home, these falls are almost always preventable when staff follow each resident’s required fall prevention plan.
- Unsafe Transfers. Transferring a resident from a bed to a wheelchair or shower chair is one of the most physically demanding and highest-risk tasks in nursing home care.
- Failure to plan for fall risk. Charleston nursing homes must assess every resident for fall risk upon admission and after any significant change in their condition. Then, they must create a care plan to address those risks.
- Understaffing: When staff-to-resident ratios are too low, caregivers cannot give each resident the attention they need. High-risk residents are often left unattended for long periods of time, which creates serious danger.
- Physical abuse. In some cases, rough handling, forceful repositioning, or direct assault by staff can cause spinal trauma, which elderly residents are especially vulnerable to due to their fragile bones and connective tissue.
What Is a Spinal Cord Injury?
A spinal cord injury involves damage to the spinal cord itself or the surrounding structures, such as the vertebrae, intervertebral discs, and ligaments. This damage disrupts the transmission of signals between the brain and the body. According to the Mayo Clinic, the spinal cord is the primary communication pathway between the brain and the rest of the body. Damage to the spinal cord at any level can result in permanent loss of function below the injury site.
In a nursing home context, spinal cord injuries most commonly occur in one of four ways.
- Falls from beds
- Falls from wheelchairs
- Unsafe transfers
- Direct falls during ambulation
Elderly residents are at dramatically higher risk for serious spinal cord injuries from these mechanisms than younger patients. Additionally, pre-existing degenerative changes in the cervical and lumbar spine reduce the spinal canal’s tolerance for additional compression or displacement. Spinal cord trauma has more severe physiological consequences, progresses more rapidly, and is less amenable to recovery in elderly patients than in younger patients.
Signs and Symptoms of a Spinal Cord Injury
- Loss of movement in the arms or legs ranging from weakness to complete paralysis
- Altered sensation including numbness, tingling, or an inability to feel heat, cold, or touch
- Pain or stinging in the neck, back, or limbs which may signal nerve damage
- Loss of bladder or bowel control in a previously continent resident
- New or unusual reflexes or muscle spasms differing from the resident’s normal baseline
- Breathing difficulty or trouble clearing secretions which can signal a life-threatening cervical spinal cord injury
Long-Term Effects on Elderly Resident
- Permanent paralysis or motor deficits
- Elevated care requirements and costs result
- Secondary health complications
- Psychological consequences
- The impact on surviving family members
When a Charleston Nursing Home Can Be Held Liable for a Spinal Cord Injury
- Duty of care. Under South Carolina law and federal regulations, nursing homes must provide care that meets the highest practical standard for each resident’s physical, mental, and emotional well-being.
- Negligent supervision. A facility breaches this duty when it leaves a resident with a known fall risk or who needs help transferring unattended in a potentially injurious situation, regardless of why staff were absent.
- Failure to follow care plans. If a resident’s care plan identifies a fall risk and outlines protective steps that the facility failed to take, this documentation is direct evidence of negligence.
- Unsafe facility conditions. The facility must maintain its physical environment and can be held liable when conditions such as poor lighting or broken equipment contribute to an injury.
- Who can be held responsible. Liability may extend beyond the facility itself to the management company that controls staffing and budget decisions, as well as to third-party contractors that provide therapy or staffing services.
Important Evidence in Nursing Home Spinal Cord Injury Lawsuits
- Resident medical records and care plans
- Incident reports
- Staffing records
- Surveillance footage
- Facility inspection records
- Expert medical testimony
Compensation Available to Injured Residents and Families
- Medical expenses
- Rehabilitation and therapy costs
- Enhanced long-term care costs
- Lost quality of life
- Pain and suffering compensation
- Emotional distress
- Wrongful death damages
- Punitive damages
Steps to Take After a Charleston Nursing Home Spinal Cord Injury
- Step 1: Ensure an immediate emergency medical evaluation.
- Step 2: Document the resident’s condition and the circumstances of the incident.
- Step 3: Request and preserve all medical records and care plan documents.
- Step 4: Report the incident to South Carolina Adult Protective Services (APS).
- Step 5: Report the facility to the South Carolina Department of Health and Environmental Control (DHEC).
- Step 6: Do not give a recorded statement to the nursing home or its insurer.
- Step 7: Contact Hughey Law Firm as soon as possible.
How Hughey Law Firm Advocates for Residents Suffering Catastrophic Injuries
- We conduct thorough investigations and preserve evidence.
- We coordinate with medical experts.
- Full damage development.
- We hold ourselves accountable through negotiation and trial.
Contact a Charleston Spinal Cord Injury Lawyer Today
If your loved one has sustained a spinal cord injury at a nursing home in Charleston or elsewhere in South Carolina, the Hughey Law Firm team is ready to evaluate the circumstances and pursue accountability and compensation for your family. Spinal cord injuries are devastating and almost always preventable. The facilities responsible for them should be held accountable under the law.
Call (843) 881-8644 for a free consultation, fill out our contact form, or use live chat to speak with our team now. We represent families throughout Charleston, the Lowcountry, and across South Carolina.
Disclaimer: The information on this page is intended for general informational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes. Hiring a lawyer is an important decision that should not be based solely on advertisements. Ask us to send you free written information about our qualifications and experience before you decide. The Hughey Law Firm is located in Charleston, South Carolina.
Frequently Asked Questions
Can a spinal cord injury lead to a wrongful death claim?
Yes. If the injury causes or contributes to a resident’s death, the estate’s personal representative may file a wrongful death claim on behalf of eligible survivors, subject to specific procedural requirements and deadlines. Contact Hughey Law Firm as soon as possible after the loss.
How long do I have to file a claim?
Generally three years from the date of injury or its discovery, though medical malpractice claims require specific pre-suit notice under South Carolina law. Contact an attorney promptly to confirm all applicable deadlines.
Who can be held responsible?
Depending on the case, the facility, its corporate management company, third-party staffing agencies, contracted therapy providers, and individual staff members in cases of direct abuse may all bear liability.
Can I sue if a preventable fall caused the injury?
Yes. Falls caused by inadequate supervision, failure to follow fall prevention plans, or unsafe conditions constitute actionable negligence. The facility’s fall risk assessment and care plan often provide direct evidence of foreseeable risk and the facility’s failure to act.
How can I prove negligence caused the injury?
You must show the facility had a duty of care, breached it through specific failures in supervision, staffing, or care plan implementation, and that the breach caused the injury.
Can a nursing home be held liable?
Yes. A facility is liable under South Carolina law when its failure to provide adequate supervision, follow the resident’s care plan, or implement safe transfer procedures caused or contributed to the injury.