Blog - Dan Pruitt | Injury Lawyer Greenville SC, Nursing Home Injury Attorney

April 1, 2020

Are Nursing Homes In Greenville Ready For Covid-19?

COVID-19 is sweeping across the United Stated and disrupting the lives of Americans. People are rightly concerned about their health and well-being, especially for the elderly and vulnerable among us. The US Centers for Disease Control and Prevention (CDC) says that those who are 60 years of age and over, as well as those with chronic health conditions, have a higher risk of becoming seriously ill due to coronavirus. Are nursing homes and other assisted living facilities in Greenville and throughout SC ready?

What are the directions from the state?

According to Greenville News, nursing homes around the state are now limiting visitation as a precaution against the spread of coronavirus. Also known as COVID-19, the symptoms of this disease are generally mild. However, those in nursing homes face a heightened risk of serious illness if they contract coronavirus.

We have a reason to be concerned about our loved ones in nursing homes. As of this writing, most of the deaths due to COVID-19 in this country have centered on a single nursing home in Kirkland, Washington. This incident, along with the growing threat to the elderly population, led President Trump to say that “We are strongly advising that nursing homes for the elderly suspend all medically unnecessary visits.”

Randy Lee, president of the South Carolina Health Care Association, says that the state’s long-term care facilities are already restricting visits. Still, most have not closed their doors to visitors entirely. This may change as COVID-19 spreads throughout the country.

Contact an attorney if you need help

If you or someone you care about has questions about COVID-19, please refer to official statements from federal and state authorities. At the Dan Pruitt Law Firm, we are here if you think that your loved one has been mistreated in a nursing home due to the COVID-19 outbreak. Whether your loved one has contracted this virus or been mistreated due to a staff shortage, we want to help. You can contact our Greenville nursing home abuse attorney for a free consultation today to find out what your next steps should be.

March 25, 2020

Are There Adult Daycare Employee Requirements in South Carolina?

Caregivers have an incredibly tough job. Whether you are a family member or close friend who cares for an elderly or disabled adult, you may need assistance from time to time. One option that many people in the Greenville area take advantage of is adult daycare. While these services can provide a needed break for caregivers, it is important to ensure that your loved one is in good hands. There are times when elder abuse occurs at adult daycares.

What is adult daycare?

According to data from AARP, there are more than 4,600 adult daycare centers in these US. The Greenville, South Carolina area has many daycares that cater to the needs of elderly and disabled adults.

An adult daycare designed to relieve caregivers of their duties for the day. The adult daycare will ensure that the recipient still receives the care they need in a safe and friendly environment. The National Caregivers Library says that there are three main types of adult daycares:

Those that focus on social interaction
Those that provide medical care
Those dedicated to Alzheimer’s care

Are adult daycare employees medical professionals?

Depending on the type of daycare your loved one requires, there may be medical professionals on an adult daycare’s staff. This should be the case for daycares that specialize in assisting attendants with their basic medical needs, including vital sign monitoring and dispensing of medication. For facilities that cater to Alzheimer’s and dementia patient care, the staff should be trained to handle situations that arise.

The South Carolina Department of Health and Environmental Control (DHEC) regulates daycare facilities for adults in the state.

It is important for caregivers to understand what kind of care their loved one requires before making a decision about which adult daycare to use. Please ensure that the daycare employees are properly certified to handle your loved one’s particular medical needs.

If you suspect abuse

If you suspect that your loved one has been abused while attending adult daycare, let the Dan Pruitt Law Firm help. You do not have to handle this by yourself, and we will work to secure the compensation your loved one is entitled to. You can contact our Greenville adult daycare abuse attorney for a free consultation today to find out what your next steps should be.

March 18, 2020

What Kind Of Abuse Can Occur At An Adult Daycare?

Adult daycares can be incredibly helpful for caregivers. All too often, those caring for the elderly and disabled face “caregiver burnout,” which can be detrimental to a person’s well-being. Adult daycares provide a much-needed break for caregivers and can be wonderful experiences for attendants.

However, there are times when those who attend adult daycare face abuse and neglect. Here, we want to discuss what this looks like and what you can do if you suspect your loved one has been abused at adult daycare in Greenville, South Carolina.

Different types of adult daycare

There are three basic types of adult daycare, all designed to meet the varying needs of elderly and disabled citizens and their families. Some daycares focus on helping the elderly stay socially interactive, with less of a focus on medical care.

Other adult daycares are designed to provide limited medical care and mobility needs for an elderly or disabled person for a limited amount of time each day. Finally, there are adult daycares that specialize in helping those dealing with dementia and Alzheimer’s.

What does adult daycare abuse look like?

The abuse that an elderly or disabled person could face while attending adult daycare is similar to other types of elder abuse. According to the National Council on Aging, nearly one out of every 10 Americans aged 60 or over have experienced some form of elder abuse. However, instances of abuse are vastly underreported, so this number is likely much higher.

There are various ways in which an adult daycare attendant could be abuse, including the following:

Physical abuse can include any physical pain or injury inflicted on an older adult.
Sexual abuse includes a range of actions that could occur to an older adult, including touching, fondling, intercourse, or any other sexual activity.
Emotional abuse can include both verbal and non-verbal actions, including verbal assaults, threats of abuse, intimidation, or harassment.
Passive neglect can include failing to provide for an attendant’s basic needs, including food, clothing, shelter, or medical care.

Contact an attorney as soon as possible

If you suspect that your loved one has been abused while attending adult daycare, you need to contact an attorney immediately. Our Greenville adult daycare abuse attorney offers a free consultation of your case to find out what your next steps should be. The Dan Pruitt Law Firm is ready to help.

March 11, 2020

Horrific Case Of Assisted Living Facility Abuse Raises Local Questions

When you make the choice to put your loved one in an assisted living facility, you expect that they will be properly cared for. Regardless of why a person is in assisted living, they should be treated with respect and dignity. An incident that took place late last year in neighboring North Carolina raises many questions about the safety of elderly residents in nursing homes here in Greenville, South Carolina.

They operated a “dementia fight club”

In October 2019, police in Winston-Salem received a tip about elder abuse occurring at Danby House, an assisted living and memory-care facility. Their investigation subsequently led to the arrest of three employees who were running a makeshift fight club. Their fighters were the dementia patients they were supposed to be caring for. All three employees were arrested and charged with assault on an individual with a disability.

According to police reports, the employees filmed residents in Danby House’s “special care unit” fighting in residents’ rooms while other healthcare workers at the facility watched and recorded the incident on their own phones. In one incident, the “fighters” were 70 years old and 73 years old. Video shows one patient falling onto the bed while being assaulted and calling for help.

Could this happen in Greenville?

Yes, this could certainly happen in our area. Any person who has a loved one that resides in an assisted living facility needs to be aware of the signs and symptoms of abuse. Visit your loved one frequently and look out for the following:

Malnutrition or dehydration
Bedsores, pressure sores, pressure ulcers
Any unexplained weight loss
Suspected physical injury evidenced by painful reactions when touched
Unexplained bruises, torn skin, broken bones, or broken teeth.

You should also be aware of behavioral indicators of abuse that may not have physical signs, including:

Anxiety
Confusion or disorientation
Defensiveness
Depression
Fear of certain members of staff or volunteers
Fear
Helplessness
Hesitation to talk openly
Giving implausible excuses
Non-responsiveness
Withdrawal
Agitation
Anger

Contact a skilled nursing home abuse attorney today

If you suspect your loved one has been abused in an assisted living facility, you should contact an attorney as soon as possible. The Greenville assisted living abuse attorneys at the Dan Pruitt Law Firm offer a free consultation of your case so we can discuss the steps necessary to protect your loved one and secure the compensation they deserve.

March 5, 2020

Can An Assisted Living Resident Be Evicted?

Getting your loved one into an assisted living facility is often not an easy task. Finding the right facility, one that is affordable and that provides quality care, can be complicated. However, you may wonder if your loved one can ever be evicted from an assisted living facility in South Carolina. There are times when a resident may face eviction, but this should not be commonplace.

Possible reasons for a nursing home eviction

A Kaiser Health News article has pointed out that assisted living facilities across the country are evicting residents who have “grown older and frail,” stating that they can no longer care for them. Evictions are the top grievance about assisted living facilities in the US. As the average age of the US population continues to increase, assisted living facilities gain more importance.

Unlike nursing homes, assisted living facilities typically do not have to document the reason why they are no longer able to provide an adequate level of assistance for a resident. Nursing home residents are afforded more federal protections.

Many evictions are due to a facility claiming they can no longer provide the care necessary to the resident. Other evictions are prompted by a change in management or ownership of a facility.

Some evictions, however, target residents whose family members complain about their loved one not receiving adequate assistance or those who complain about abuse. These instances are often retaliation by the facility against the family members.

Abuse can also occur at assisted living facilities

Elder abuse is vastly underreported in the US, though we know that it occurs at alarmingly high rates. This abuse can occur in assisted living facilities in the following ways:

Physical abuse
Sexual abuse
Financial abuse
Emotional and psychological abuse
Neglect of basic necessities
Neglect of medical care

You may need assistance

If you or a loved one are facing eviction from a nursing home or if you suspect your loved one has been abused, you need to seek legal assistance. The Pruitt Law Firm specializes in assisted living abuse cases in Greenville, and we are here to ensure your loved one is properly cared for. You can contact the Greenville assisted living attorneys at the Dan Pruitt Law Firm for a free consultation today to find out what your next steps should be.

February 19, 2020

Are Cameras Allowed In SC Nursing Homes – The Granny Cam Debate

Nursing home abuse is abhorrent, but it happens. There are times when nursing home employees and volunteers abuse and neglect the residents they are supposed to care for. This abuse happens in a wide variety of ways, and there have been stories of abuse cases being discovered by relatives who put cameras in their loved one’s nursing home room. These cameras have been dubbed “granny cams,” but are they legal?

Granny cams in SC nursing homes

South Carolinians have debated about the use of granny cams for years. A 2015 article in The State discusses a proposed bill that was moving through the Senate medical affairs subcommittee that would allow cameras to be placed in nursing home resident’s rooms by their family members. At the time, the AARP said that video cameras can be “a tool to assist family caregivers, especially caregivers from other states, in checking on their loved ones.”

The bill failed to pass out of the committee, and as of now, SC law does not allow the use of cameras in nursing homes.

Why would this not be allowed?

There are various reasons why this is not allowed right now, and they center around privacy. Those who oppose the camera say that they infringe on the privacy rights of residents, particularly other residents in the room and those who could be inadvertently captured on film. There is also the worry that staff members of the nursing home will not consent to have their images captured.

Some of the biggest detractors of this bill were lobbyists for the nursing home industry. It is telling that they do not want this bill to pass. What are they trying to cover up?

Seek assistance if you suspect abuse

If you suspect that your loved one has been abused by nursing home staff, seek legal assistance immediately. At the Dan Pruitt Law Firm, you can contact our Greenville nursing home abuse attorneys for a free consultation of your case. Let us investigate what happened to your loved one so we can secure the compensation they deserve.

February 12, 2020

SC Lawmakers Could Ban Cell Phone Use While Driving

Lawmakers in this state have had enough of drivers using their cell phones while driving. At least, that may be the case. The SC Legislature is back in session, and they are considering making changes to state law that could affect how you use your phone while driving.

What are the proposed changes?

South Carolina lawmakers seem to be borrowing from our neighboring state of Georgia. They passed a law in 2018 that prohibits drivers from holding a phone at all, even if they are making a call. The proposed bill in SC, which is in front of the Senate Transportation Subcommittee, would do the same.

This would mean that drivers can only talk on a cell phone while driving if they use it completely hands-free. They could not touch the screen for any reason.

Texting and driving is already off-limits

SC law already makes texting and driving illegal. However, law enforcement officials in the state say that the $25 fine is not enough of a deterrent to keep drivers from using their phones behind the wheel. They also say the law is virtually unenforceable because drivers can say they were just using the phone’s GPS or trying to make a call – both of which are legal under the current law.

The new law change, if passed as written, would clear up any ambiguity about whether holding the phone is illegal. It would also slap drivers with a stiffer penalty. The proposed changes would see drivers fined up to $150 for a first offense and up to $400 for a second offense. Drivers would also be penalized two points on their license for a first offense and four points for a second offense.

Distracted driving is dangerous

If you or someone you care about has been injured by a distracted driver, contact the Dan Pruitt Law Firm Greenville car accident attorneys for a free consultation today. We will investigate your case and secure the compensation you are entitled to.

February 5, 2020

New Legislation Could Help First Responders Get Mental Health Coverage

First responders have some of the hardest jobs there are. Police officers, firefighters, and EMS personnel all see things on a daily basis that most of us never see in our lifetimes. First responders have higher rates of mental health illnesses and injuries caused by the work environment, including post-traumatic stress disorder (PTSD). Unfortunately, many of those suffering have not been able to get workers’ compensation coverage for these injuries.

A new bill may change access to coverage

The SC Legislature is back in session and legislation was pre-filed by several lawmakers who worked as first responders. Representative Chris Wooten of Lexington said, “You are a tough guy. You can handle things. You’re a man’s man.’ And then you realize that you can’t handle this stuff by yourself. There are some trauma and things that go in your head that you just can’t get rid of and internalize those.”

Wooten is part of an eight-member caucus made up of lawmakers in SC who were all first responders. They understand that mental injuries and stress caused by the job if left untreated can lead to PTSD, substance abuse, depression, and high rates of suicide.

The new legislation, if passed as written, would add more coverage through the state’s workers’ compensation system for mental injury caused by significant traumatic experiences. Under the proposed legislation, the first responders who need mental health treatment will be able to receive $15,000 per person.

Right now, Gov. McMaster has set aside $500,000 to help first responders suffering from PTSD. However, Tri-Count Fraternal Order of Police President John Blackmon says that is not enough.

Not all work injuries look the same

Most people think of work injuries as only visible traumatic injuries. However, as Rep. Wooten and others point out, many work injuries are mental injuries that are not immediately visible. That does not make them less severe or debilitating. At the Dan Pruitt Law Firm, you can contact our Greenville workers’ compensation attorneys for a free consultation today to find out what your next steps should be. The Dan Pruitt Law Firm is ready to help.

January 30, 2020

Widow Awarded Settlement After Crash On Icy Road

Car accidents are not uncommon in our area. While many are relatively minor, there are some accidents that cause serious injuries and fatalities. Car accidents happen in a variety of ways and are usually caused by driver errors. However, there are times when other parties contribute to a crash and should be held accountable. In Greenville, a widow was awarded a $350,000 settlement due to the actions of agencies involved in the aftermath of a separate crash her husband was there to help with.

What happened in this incident?

The incident in question happened on Dec. 16, 2016, when a Greenville man was called to a crash scene to help one of his coworkers who was involved in the accident. Greenville police were the first to arrive at the scene of a crash in which a driver skidded off the roadway due to icy conditions. The officer told the driver he could call a coworker to pick him up.

A coworker arrived at the crash scene and began walking up the interstate to help his colleague. That was when he was struck by another vehicle that slid on ice. The man was thrown over a concrete retaining wall and down an embankment. He died at the scene, and three others were injured.

The man’s widow filed a lawsuit that alleged that the officer and other agencies were at fault for “allowing Clay to exit his vehicle and walk about the area of the accident when they know or should have known it was extremely dangerous and that was an area where pedestrians are prohibited.”

The lawsuit claims the agencies failed to properly train employees to handle emergency situations. The City of Greenville agreed to pay $75,000 from Travelers Indemnity Company. The Department of Public Safety agreed to pay $50,000 and the Department of Transportation agreed to pay $225,000 through the state’s Insurance Reserve Fund.

Seek assistance if you are injured

If you or someone you love has been injured in a crash that was caused by another person’s negligence, contact the Dan Pruitt Law Firm today. Our Greenville car accident attorneys offer a free consultation, and we want to work on securing the compensation you need.

January 22, 2020

Can A Bar Be Held Liable For A Drunk Driver’s Actions?

Drunk driving accidents often result in serious injuries and property damage. Preventing drunk driving accidents is one of the top priorities of law enforcement in Greenville and around South Carolina. However, these incidents happen at alarmingly high rates.

Understanding a recent case

In 2017, a woman pleaded guilty to felony DUI for the January 2016 death of another man. According to authorities, the man was riding his Honda motorcycle on SE Main Street in Simpsonville when he stopped to turn into a parking lot. That was when the woman, driving a Ford 4S, slammed into the rear of the man’s motorcycle. He was ejected and killed on the scene.

The man’s estate filed a lawsuit against both the woman and Full House Sporzaria, a sport’s bar in Simpsonville. The lawsuit alleged that the bar “failed to reasonably serve alcohol” to Fuller. The lawsuit said that the woman “miserably failed all field sobriety tests and ultimately registered a blood alcohol level over twice the legal limit several hours after the wreck.”

Police testified that her blood-alcohol level was .168, over double the legal limit.

Many people do not realize that restaurants and bars can be held liable if it is found they irresponsibly serve alcohol to a person who is visibly intoxicated, who then causes serious injuries or a fatality.

A jury in the case awarded a massive settlement to the Gibson estate – $2,523,500 in actual damages as well as $5 million in punitive damages. An attorney for the Gibson estate said that this award sends “a firm message from the community on drunk driving.”

Drunk driving accidents are a major concern in South Carolina

According to the state Department of Public Safety, out of the nearly 1,000 total fatalities in traffic crashes during the latest reporting year, 313 of them were the result of alcohol-impaired driving. Each year, approximately 30% of all traffic crash fatalities are related to alcohol-impaired incidents.

Seek help for your case

If you or someone you love has been injured due to the actions of a drunk driver, contact the Dan Pruitt Law Firm today. Our Greenville car accident attorneys are ready to help you through this. Let us investigate what happened so we can secure the compensation you deserve.

(864) 280-7660