How can we find out if a nursing home has been cited for fall-related violations before?
DHEC inspection reports for South Carolina nursing homes are publicly available. As part of an initial investigation, an attorney can access and review that history. Previous citations for fall prevention deficiencies at the same facility are strong evidence of a systemic problem rather than an isolated incident.
What if we have already settled with the nursing home’s insurance company?
If a settlement has been signed, it may be difficult or impossible to pursue further claims. Before accepting any settlement offer from a facility or its insurer, it’s strongly advisable to speak with an attorney. Insurance adjusters are skilled at reaching out to families quickly after an incident, before they have had time to understand […]
What if the nursing home says our loved one refused the offered assistance?
Facilities sometimes note resident refusals of care in their records. A nursing home injury attorney will examine closely whether that refusal was properly documented, whether staff made reasonable efforts to explain the risk, and whether the facility had appropriate protocols for residents who frequently refused assistance.
Can we pursue a claim if our loved one has dementia and cannot describe what happened?
Yes. Claims involving nursing home injuries and residents with cognitive impairment are primarily based on documentary evidence, such as care plans, incident reports, staffing records, and nursing notes, rather than on the resident’s account. In many cases, the documentary record tells a clearer story than any witness could.
What if my loved one had a history of falls before moving into the nursing home?
Having a history of falls doesn’t reduce the facility’s responsibility. In fact, it increases it. Residents with a documented history of falls are higher-risk residents who require more careful assessments, more detailed care plans, and closer supervision. If a facility was aware of the resident’s history of falls and failed to implement adequate precautions, it […]