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.
The results described above are specific to those cases and are not intended to predict or guarantee the outcome of any future case. Each case is unique, and outcomes depend on the particular facts and legal circumstances involved. Hiring a lawyer is an important decision that should not be based solely on advertisements.
What Is Nursing Home Sexual Assault?
Warning Signs of Nursing Home Sexual Abuse
- Unexplained bruising, particularly around the inner thighs, breasts, or genital area
- Torn, stained, or bloody underclothing
- A new or worsening sexually transmitted infection
- Sudden fear or anxiety around a specific staff member or resident
- Withdrawal from activities the resident previously enjoyed
- Trouble sleeping, nightmares, or agitation during personal care routines
- Unexplained genital pain, bleeding, or irritation
When Negligence Leads to Sexual Abuse in Charleston Nursing Homes
Who Can Be Held Liable for Nursing Home Sexual Assault?
- One example is negligent supervision. Nursing homes have a duty to monitor and protect their residents. If a staff member or another resident assaults a resident because the facility failed to adequately supervise, then the facility is negligent.
- Negligent hiring: If an employee has a history of sexual misconduct, the facility is responsible for discovering that information during a proper background check. Hiring someone with a known history of misconduct, or failing to screen at all, creates direct liability.
- There is vicarious liability for employee conduct. Generally, an employer is responsible for an employee’s actions taken within the scope of their job. However, the employee remains personally responsible for their own criminal conduct.
- Subcontractor liability: Therapy providers, staffing agencies, and other contractors working inside a facility may share responsibility for their employees’ conduct. A nursing home cannot avoid liability by hiring outside contractors to provide care.
- Liability for resident-on-resident assault: A nursing home can be held liable even when an assault is committed by another resident, not a staff member. If the facility knew or should have known about a dangerous resident and failed to take reasonable steps to protect others, that failure constitutes negligence.
Compensation Available in Charleston Nursing Home Sexual Abuse Cases
- Economic damages cover the direct financial costs of the assault, including medical bills, hospital treatment, physical therapy, psychological counseling, and transportation to medical appointments.
- General damages address the more difficult to quantify, yet very real, impact of the assault. This includes pain and suffering, post-traumatic stress disorder, depression, anxiety, damaged family relationships, loss of dignity, and humiliation. These damages often comprise the largest portion of a sexual assault claim because the trauma extends far beyond physical injury.
- Punitive damages may be available under South Carolina Code Section 15-32-510 if there is clear and convincing evidence that the responsible party acted with willful, wanton, or reckless disregard. Direct sexual assault often meets this high legal standard.
What Families Should Do If They Suspect Sexual Abuse
- Seek immediate medical attention. A medical exam will document any injuries and preserve evidence.
- Report the incident to local law enforcement. Sexual assault is a crime, and a police report creates an official record.
- Notify South Carolina Adult Protective Services. You can reach APS at 1-888-CARE-211 to begin a formal state investigation.
- Document everything you observe. Write down dates, times, behavioral changes, and conversations with facility staff.
- Request your loved one’s medical and care records. These records may reveal supervision gaps or prior warning signs.
- Before speaking further with the facility, contact a nursing home sexual assault attorney. An attorney can preserve evidence and protect your loved one’s legal rights from the outset.
Can a Nursing Home Successfully Defend a Sexual Assault Case?
Contact Our Charleston Nursing Home Sexual Assault Lawyers
If your loved one has been sexually assaulted in a nursing home or assisted living facility in the Charleston area, you do not have to face it alone. For years, Hughey Law Firm has represented victims of nursing home abuse throughout the Charleston metro region and across South Carolina, handling every case with the seriousness and compassion it deserves.
We work on a contingency basis, so you will not pay any attorney fees until we win your case.
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 for 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
How long do I have to file a nursing home sexual abuse lawsuit in South Carolina?
In most cases, the deadline is three years from the date of the incident or its discovery. Since evidence can disappear quickly, you should contact an attorney as soon as possible to protect your family’s rights.
What evidence is used in a nursing home sexual assault claim?
Important evidence includes medical exam records, staffing schedules, employee background check files, prior incident reports, witness statements, and the facility’s own internal investigation documents.
Can residents with dementia legally consent to sexual activity?
Often not. A resident with significant cognitive impairment may lack the legal capacity to consent, even if they do not resist. This is a critical issue in many nursing home sexual assault cases.
How do I report nursing home sexual abuse in South Carolina?
Report it to local law enforcement and to South Carolina Adult Protective Services at 1-888-CARE-211. You can also file a complaint with the South Carolina Department of Health and Environmental Control.
What types of compensation are available in cases of sexual abuse in nursing homes?
It can include payment of medical bills, reimbursement for psychological counseling, compensation for pain and suffering, and payment for post-traumatic stress disorder, anxiety, and loss of dignity. In some cases, punitive damages may be awarded under South Carolina Code Section 15-32-510.
Can a nursing home be held liable if another resident committed the assault?
Yes. If the facility knew or should have known that a resident posed a danger but failed to take reasonable steps to protect others, the facility can be held liable for a resident-on-resident assault.
What should you do if you suspect your loved one was sexually assaulted in a nursing home?
Seek immediate medical attention, report the incident to law enforcement, and notify South Carolina Adult Protective Services at 1-888-CARE-211. Document everything, request medical and care records, and contact an attorney before speaking further with the facility.
Can a nursing home be sued for sexual abuse by an employee?
Yes. Facilities can be held liable for negligent hiring if they failed to properly screen an employee and for negligent supervision if inadequate staffing or oversight allowed the assault to occur.
Who can be held liable for nursing home sexual assault?
The facility may be held liable for negligent supervision or hiring, or for failing to protect residents from a known dangerous individual. Depending on the facts, individual staff members and outside contractors may also bear responsibility.
What are the warning signs of sexual abuse in nursing homes?
Warning signs include unexplained bruising near the genitals or inner thighs, torn or bloody underclothing, new sexually transmitted infections, sudden fear of a specific person, withdrawal, and agitation during personal care. These signs require immediate attention.