Hospitals are held to a certain standard of care. When they fail to meet that standard and a patient is injured as a result, the hospital can be held liable for medical malpractice. The same is true for nursing homes. Residents of nursing homes have the right to receive proper medical care and attention. If a resident was injured because a nursing home owner or employee was negligent, the resident can sue the nursing home for malpractice.
Under South Carolina law, a nursing home can be liable for medical malpractice. Most medical malpractice claims are based on the legal theory of negligence. In other words, the key question in these claims is whether a health care provider was negligent when treating a patient. A nursing home is negligent if it fails to properly care for its residents.
In order to be successful on a negligence claim, the resident must be able to prove that the nursing home owed a duty of care to the resident, that the nursing home breached that duty by failing to exercise the proper standard of care, that the resident was injured, and that the nursing home was the cause of that injury. Each of these elements must be proven if the nursing home is going to be held liable for medical malpractice.
Nursing homes should be safe and comfortable places for our aging loved ones. Simply put, nursing home negligence is unacceptable. If you or a loved one was injured while living at a nursing home, you should speak with an experienced attorney to find out whether you have a malpractice claim.