What is the difference between a civil and criminal nursing home abuse case?
The difference between a civil and criminal nursing home abuse case in South Carolina is significant. In a criminal case, the state is the plaintiff and the accused is the defendant. The prosecution must prove beyond a reasonable doubt that the accused is guilty of a crime. If found guilty, the accused will face criminal penalties such as jail time, fines, and restitution. In a civil case, the victim or their family is the plaintiff and the accused is the defendant. The plaintiff must only prove their case by a preponderance of the evidence. This legal standard is much lower than reasonable doubt, meaning the plaintiff must only show that it is more likely than not that the accused violated the law. If found liable, the accused may be ordered to pay monetary damages to the plaintiff. In South Carolina, nursing home abuse can be prosecuted both civilly and criminally. In criminal cases, the accused may face criminal penalties in addition to potential restitution payments to the victim or their family. In civil cases, the accused may be ordered to pay the damages claimed by the victim or their family as a result of the abuse.
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