When a South Carolina family makes the hard, sad decision to send their mom or dad to a nursing home or assisted living facility, they expect the facility to treat them with compassion, respect, and the proper level of professional medical and nursing care. All too often, these providers fail their residents. When your mom or dad gets hurt as a result, it’s important to understand their legal rights. Because we can't wave a magic wand and undo the past, one of the best ways to stand up for victims is to seek a settlement to compensate for the harm.
In South Carolina, personal injury settlements in nursing home neglect cases are based on “damages.” Damages measure harms and losses caused to a victim in two categories: economic and non-economic. Economic damages are easy to put a dollar value on and include things like medical bills. Non-economic damages compensate victims for losses that can't be easily calculated, such as pain and suffering, permanent injury, and emotional distress.
Unfortunately, South Carolina law limits non-economic damage recoveries in nursing home and most assisted living facility negligence cases. I’ll break down what non-economic damages are, what those limits are, and how they might affect your claim if your loved one has been neglected or abused in a nursing home.
But first, I’ll address why these limits exist.
Why Does South Carolina Limit Settlements Amounts in Nursing Home and Assisted Living Facility Neglect Cases?
This is the result of “tort reform.” Maybe you've heard politicians pound their chest about it, spouting how personal injury lawyers are driving health care providers out of business and making health care costs skyrocket. Quick, name a single provider that actually went out of business because it had to pay a settlement for its wrongdoing. Now, cite the government study showing health care negligence settlements make medical costs skyrocket.
Exactly- You can't.
Here's why: the facilities and providers in medical malpractice and nursing home or assisted living facility neglect cases don't personally pay settlements. Insurance companies do, and they can easily afford to pay with their gazillions of dollars.
The sad reality of tort reform is that it hurts victims. They pay the price by having settlements potentially discounted regardless of the severity of their injuries.
When the deck’s already stacked against you, don't risk exposing yourself to getting cheated more. Insurance companies in nursing home and assisted living facility cases fight extremely hard to prevent settlements. They have lawyers on their side; you need one, too.
Get your questions answered in a free, no-pressure strategy session with a Spartanburg, SC nursing home neglect attorney. Call toll-free at 888-230-1841 or fill out a Get Help Now form.
Let's talk about what non-economic damages mean.
What Are Non-Economic Damages in South Carolina?
In South Carolina, economic damages cover monetary costs and losses like medical expenses or rehabilitation fees. Non-economic damages cover the harder-to-measure impacts of an injury or neglect. In nursing home neglect cases, these damages often include:
- Pain and suffering. Physical pain and emotional anguish caused by neglect or abuse should be part of the damage award.
- Physical disability. Your loved one deserves compensation for anything that became harder or impossible as a result of their injuries.
- Loss of enjoyment of life. This protects human dignity by compensating for the things mom or dad loves to do that they miss out on because of their injuries.
- Emotional distress. The frustration, embarrassment, depression, and anxiety that can come from being injured, mistreated, neglected, or living in fear of harm is an essential part of their recovery.
While these damages may be more difficult to quantify than economic damages, they are critical because they address the human impact of neglect. That's why I call it “human loss.” Human loss damages exist because they address the dignity and respect for human life we expect to be protected and preserved in nursing homes and assisted living facilities.
Proving non-economic damages is a challenge. You need a professional to help you do it. An experienced personal injury lawyer who handles nursing home or assisted living facility cases can craft the story of how your mom or dad's injuries at the facility affected their life.
When your loved one is already limited in how much they can recover, it's vital to maximize what they can get. An effective story told by a professional storyteller – and experienced personal injury attorney – will help you maximize a settlement for your loved one’s nursing home neglect or abuse.
Let me help you tell the story of your loved one’s suffering from assisted living facility negligence. I'm a Spartanburg, SC personal injury attorney. Call me toll-free at 888-230-1841.
South Carolina’s Limit on Non-Economic Damages
South Carolina law places limits, or "caps," on the amount of money a victim can receive in non-economic damages in nursing home neglect cases.
In South Carolina, nursing home neglect cases are treated like medical malpractice cases. Medical malpractice occurs when a health care provider, like a doctor, nurse, or nursing home staff member, fails to meet the standard of care, resulting in harm to the resident. Basically, “the standard of care” means safety rules designed to protect patients.
By the way, proving the facility failed to meet the standard of care requires an expert. That's a witness you hire who's also a health care provider who can verify the facility failed to meet the standard. To win these cases, you need a good expert. A South Carolina nursing home neglect and assisted facility attorney knows how to find a solid expert and how to make sure the expert presents their report in the proper legal form. Because these cases are so hard-fought, you've got to assume it will require a lawsuit to get a settlement. You just can't go without an experienced attorney in these cases.
South Carolina Code Section 15-32-220 sets the limits a victim of nursing home neglect can recover in non-economic damages:
- $350,000 cap for a single provider. If the case involves only one provider (for example, one nursing home, which includes the staff), the maximum amount a victim can recover in non-economic damages is $350,000.
- $1.05 million total cap for multiple providers. If there are multiple providers (for example, an assisted living facility, a doctor employed outside the facility, and a nurse employed outside the facility), the total non-economic damages award is capped at $1.05 million. However, no single provider can be required to pay more than $350,000.
As with everything legal, there are some exceptions.
Exceptions to the South Carolina Nursing Home Neglect Settlement Limits
There are some situations where the caps on non-economic damages can be exceeded. Under South Carolina law, the caps do not apply in cases where:
- The defendant, meaning the facility or provider, altered or destroyed medical records to avoid liability.
- The defendant acted fraudulently or misrepresented facts related to the claim.
- The most likely scenario: The defendant was grossly negligent, meaning they acted with reckless disregard for the safety of the resident. Basically, this means you prove they exercised no care at all toward the resident. But this is easier said than done. The legal standards of grossly negligent and reckless disregard are highly technical. Providers’ attorneys can muddy the water very easily.
A seriously injured victim has a lot to gain if one of these situations applies. They are eligible for non-economic damages that exceed the $350,000 or $1.05 million caps.
If your mom, dad, or loved one suffered a serious injury in a South Carolina nursing home or assisted living facility, give them the best chance at a clear case to exceed the settlement caps if it can be done. Call me toll-free at 888-230-1841.
Impact of Caps on South Carolina Nursing Home Neglect Cases
The cap on non-economic damages can be significant for families pursuing claims for nursing home neglect. Many victims of nursing home neglect are elderly and may not have significant economic damages like lost wages or future earning potential. In these cases, non-economic damages—such as compensation for pain, suffering, and loss of dignity—are often the primary form of recovery.
That's why it's critical to hire an attorney who can tell your mom or dad’s story to earn them a settlement compensating them for the loss of dignity and pain they suffered.
How to Pursue a South Carolina Nursing Home Neglect Claim
If you believe that your loved one has been the victim of nursing home neglect, take action. Nursing home neglect can be difficult to detect, and it is often underreported. Here are some steps to take if you suspect neglect:
- Document the neglect. Keep a record of any signs of neglect, such as fractures and especially broken hips, bedsores, unexplained injuries, malnutrition, and unsafe or unsanitary facility conditions.
- Get your questions answered by the facility administrator. You've entrusted a loved one to them, and they owe you reassurance everything will be done to protect their health and safety. Ask for a meeting with the administrator to cover your concerns. Make sure the administrator answers them completely.
- Consult an attorney. Nursing home neglect cases are complex, especially when it comes to the evidence needed to prove the case, evaluating the chances for settlement, and understanding the limits on non-economic damages. An experienced nursing home negligence attorney can help you navigate the legal process, gather evidence, and pursue the settlement your loved one deserves.
- Report the neglect. You should report the neglect to the local Long-Term Care Ombudsman program. But understand this: all they can do is order corrective action and maybe a small fine. They won't get your loved one compensation, and they don't always find the neglect that got committed to hurt them.
Take Nursing Home Neglect Seriously - Get Legal Advice
Nursing home neglect is a serious issue that can cause significant physical, emotional, and psychological harm to elderly residents. In South Carolina, victims and their families have the right to pursue compensation for their losses, including non-economic damages like pain and suffering. And you should. This is often the only meaningful way to hold facilities accountable for betraying your trust in their care for your mom or dad.
Make your loved one’s voice heard when they can't speak for themselves. Defend their rights and their dignity as human beings by seeking a settlement from the facility that hurt them for the harm they have endured.
Get your questions answered in a free, no-pressure strategy session with a Spartanburg, SC nursing home and assisted facility negligence attorney. Call toll-free at 888-230-1841 or fill out a Get Help Now form.
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