Ways in Which Nursing Homes May Be Liable for Resident Injuries

There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, false imprisonment, or violations of criminal statutes, as well as violations of regulations pertaining to their licensing, maintenance, and general operation.

An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceedings: 1) an investigation and finding by an adult protective services agency or the regulatory agency for nursing homes (in South Carolina it is the Department of Environmental Control); 2) a civil cause of action for damages; and/or, 3) a criminal prosecution. These three types of proceedings have different objectives: the objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm; the civil action is to redress damages; and the criminal prosecution is to punish the harmful conduct.