South Carolina laws do little to protect elderly from abuse

On Behalf of | Dec 26, 2018 | nursing home malpractice

A new report examining elder abuse laws in South Carolina presents troubling possibilities for those who receive elder care in the Palmetto State, as well as those who have elderly loved ones here. According to the report, South Carolina ranks poorly in a number of areas that affect how victims fight back against abuse and the overall quality of care they may receive.

If you suspect that someone you love is the victim of elder abuse, especially while receiving elder care from professional caregivers, then you must look at your legal options carefully. A strong legal strategy is sometimes the only way to keep victims’ rights protected. The sooner you begin building these protections, the sooner you and the ones you love can begin to move on from the abuse.

Legal hurdles to justice

The study by WalletHub examines elder care issues in all 50 states, and found that South Carolina repeatedly falls short. When it comes to protecting the rights of the elderly and providing legal means to fight for justice, the state was consistently at the back of the pack.

In large part, this is because of the complex laws that are difficult to navigate for those who do not regularly defend the rights of the elderly against abuse and malpractice. For instance, the study notes that the state applies two different statutes of limitations for seeking justice in medical malpractice. If the victims bring allegations of malpractice against a private party, then they have a three-year window, but bringing similar allegations against a state-run party only allows a two-year window.

The report also indicates that alleging medical malpractice in South Carolina requires bringing an expert’s affidavit to the courtroom, or the victim may not get time to make their case at all. In addition, South Carolina is among the five states that spend the least amount of funding on preventing elder abuse, which may encourage abusers to make their home here, instead of elsewhere.

Protecting the vulnerable

We require the greatest protection when we are most vulnerable, and this is never truer than in our golden years. If you believe that someone you love suffers elder abuse in South Carolina, you must examine all the tools you have to prevent further abuse and seek justice for the victim.

A strong legal strategy keeps the rights of the victim secure while you push for justice against a system that sometimes seems to ignore those who slip through the cracks.


FindLaw Network