There is never any telling just how much compensation a
nursing home abuse claim can collect through a settlement or jury verdict award, as each
case is different from the next. However, it is generally agreed that
elders harmed through negligent or malicious caretakers should be compensated
fairly to ensure they and their families can find peace again. Let us
take a moment to look at some important nursing home abuse settlements
in South Carolina to get a better idea of just how much compensation may
Significant reward amounts in nursing home abuse cases across South Carolina include:
$950,000 settlement: An elderly woman with numerous health complications and a medical order
to “never be left alone” was allowed to use the restroom by
herself. She fell and suffered injury, only to be treated for them two
days later. She passed away from complications due to this incident. Despite
the evidence at hand, the nursing home tried to deny any liability for
what happened. Due to the staff’s decision to ignore clear medical
instructions and the egregious delay in treatment, a $950,000 settlement
was given to the decedent’s family days before a planned trial.
$280,000 settlement: An elderly woman passed away while staying in an Aiken County nursing
home facility. A postmortem check found that she had severe
bedsores and signs of prolonged dehydration. The decedent’s family was facing
an uphill legal battle, as the nursing home insisted she passed away due
to complications that naturally occur at her age. The considerable settlement
was approved possibly due to the fact that neither side was confident
in how a trial would pan out.
$2,000,000 settlement: After an elderly woman passed away in a Charleston nursing home, concerns
arose about allegations of persistent physical and mental abuse carried
out by other residents and nursing home staff. In particular, there were
scars on her body at the time of her death, indicating that she had been
seriously harmed sometime within the last five years in which she stayed
at the facility. The nursing home also did not have any well-established
regulations to prevent violent acts between residents. Even though the
nursing home claimed no responsibility, it settled for $2,000,000 just
before the trial, likely since it knew it would probably lose the case.
What is HR Bill 1215?
Earlier in the year, lawmakers introduced HR Bill 121 titled the “Protecting
Access to Care Act of 2017.” The representatives who wrote the bill
claim it would keep nursing home costs down by limiting how much noneconomic
damages plaintiffs can collect in a nursing home abuse case. The bill
proposes a new cap of just $250,000. If it passes, all three of the aforementioned
case results would have been dropped down to this minimal amount, despite
all the suffering and pain the plaintiff parties went through. The bill
is still being reviewed by Congress members but it is facing plenty of
resistance from multiple sides, especially people who have loved ones
living in nursing homes.
If you think it is unfair to limit noneconomic damages in nursing home
abuse cases to only $250,000, you should not support HR Bill 1215. You
can reach out to Congress members in your county or district, and South
Carolina Senators, to voice your concerns. You can also call
864.408.8890 to connect with Christian & Davis LLC and our Greenville nursing home
abuse attorneys. We are staunch defenders of our clients’ right
to be fairly compensated for another party’s wrongdoing and bring
nearly a century of combined legal experience to each case we take.
Contact us today to learn more about your legal options in a nursing home abuse claim
and our services.