South Carolina Home Health Care Abuse Lawyer
There is a large population of our elderly citizens who are healthy enough and sharp enough to continue living in their homes, so long as they have some help. The good news is that there are plenty of conscientious, kind-hearted, and qualified people who have been able to step up as home health aides. But the bad news is that no profession is perfect. That means aides who might unqualified, negligent, or worse. Those that believe their elderly loved one is being mistreated—be it intentionally or not—should contact our South Carolina home health care abuse lawyer for guidance on investigating and finding it if legal action needs to be taken.
Mann Blake & Jackson has taken on hard cases and won big victories. Our settlement verdicts have reached the $50 million threshold and beyond. We want to fight for you next. From our Columbia office, we serve all of South Carolina. Call today at (803) 525-1645 or contact us online to set up a consultation.
What Is Negligence in Home Health Care?
Any personal injury lawsuit revolves around the legal definition of negligence. There are several factors involved in proving negligence, but one of the most basic is establishing that a reasonable standard of care was not provided. The state of South Carolina does not expect home health aides to be perfect. What the state does expect is that their job qualifications, performance, and effort will fall within this broad standard of reasonableness.
Reasonableness can be in the eye of the beholder—and the beholder in this case would be a jury if the case goes to court. What that means is that the experience and presentational skill of a South Carolina home health care abuse attorney might be critical in how a jury perceives the reasonableness (or lack thereof) on the part of the home health provider.
Expert witness testimony can be important in shaping the correct understanding of reasonable care. This is particularly true in medical cases. If the lawsuit involved a car accident, an individual juror would likely have their own strongly held view of what constitutes reasonable behavior behind the wheel. But the typical juror will not have familiarity with home health care, or other subject matters associated with medical malpractice. That’s where an experienced lawyer, one who is networked with respected expert witnesses, can be a valuable asset to their client.
The cases of abuse can broadly fall into these four categories…
A home health aide that makes repeatedly derogatory comments to the elderly person may be guilty of emotional abuse. This can include using foul language and attempts to verbally humiliate the victim.
This form of abuse goes beyond the act of striking the elderly person, which is also a criminal offense. It can also include negligence in caring for the home and allowing it to become unsanitary and dirty. Physical abuse can include negligent behavior in any tasks that involve needing to move the elderly person around—i.e., in and out of a wheelchair or up and down stairs.
This needs to be investigated by the police and the District Attorney for criminal charges, along with a South Carolina home health care abuse lawyer for a civil lawsuit. But it is a tragic reality that the sexual assault and rape of the elderly does happen, and justice must be sought.
Is a home health aide managing to get authorization to use ATM machines or otherwise access bank accounts? Is the aide using their access to the home to find out password information for stock portfolios or other assets. All of this falls into the category of financial abuse.
In cases that are also criminal, the investigation of our home health care abuse attorneys can benefit from the work also being done by law enforcement. The formal filing of criminal charges can dramatically strengthen a civil lawsuit. Even if charges are not filed, evidence may come to light that will at least demonstrate negligence—which means, if proven, that the elderly victim is entitled to financial compensation.
Relentless Lawyers for Serious Cases
Mann Blake & Jackson has demonstrated a track record of fighting for and delivering for our clients, including cases where the odds may seem long at first. We pride ourselves on doing the hard legal footwork, the intense negotiation with insurance companies over liability, and—when necessary—the litigation that’s needed to secure a fair settlement.
We've Fought and Beaten Government Agencies
We've recovered over $100M in verdicts, settlements, and awards for our clients, much of that against government agencies. We know what you're facing, and we're the team to help you win.
These Cases Are Close to Home For Us
Not only are we North and South Carolina attorneys, but our families, friends, and neighbors have fallen victim to the injustices at Camp Lejeune. We'll fight vigorously for you and your family not just because it's the right thing to do, but because we've been hurt by this too.
We Know How to Protect and Service Our ClientsWe've fought for whistleblowers. We've fought for catastrophic injury victims. We know this can feel like a daunting road, but we have the experience and know what it takes to provide you the justice you deserve.
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