South Carolina – October 27, 2020

The South Carolina Governor indicated that federal aid would allow movement on the plan to reopen nursing homes to visitors.  The money would facilitate rapid result coronavirus tests to be deployed to statewide nursing homes.  Nursing home residents need to see family members as the separation between families and residents has been detrimental to their emotional health and welfare. Contact an experienced nursing home attorney if you believe isolation has caused harm to a resident loved one. South Carolina’s assisted living facilities are devastated by the deaths of 762 residents and 13 staff members confirmed to have died from the virus so far. That represents nearly 40 percent of all confirmed COVID-19 deaths in South Carolina, according to the state Department of Health and Environmental Control.

Resident Bill of Rights.

Nursing home residents have rights under federal and state law, and attorneys at McDougall Law Firm can review those rights with families and individuals thinking about nursing home placement, or the benefits of long term care facilities.  The Centers for Medicare and Medicaid recently provided an icon that reveals nursing homes with reported violations of care on the agency’s Nursing Home Compare website.  The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 outlines residential rights to protect the approximately 1.3 million Americans living in nursing homes and long-term care facilities from nursing home abuse.  Part of those rights outlines the negative impacts of isolation from other residents and visitors.

Standard of care.

When deviations from the resident bill of rights occurs, and sub-standard care results in harm to a resident, or outright abuse occurs, legal action may be taken against a nursing home and/or the treating medical professional because acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger are deviations from NHRA  rights.  Depending upon the outcome of that conversation, it may be time to consult with a competent South Carolina attorney, who is knowledgeable about elder law protections.

South Carolina laws.

South Carolina nursing home facilities have standard operating procedures requiring administrative personnel to protect residents.  If residents suffer harm directly related to a negative nursing home encounter that exacerbated an existing health condition, or placed them in danger, a skilled lawyer can identify the appropriate legal cause of action supporting a duty of care outlined in the Resident Bill of Rights set for by the South Carolina Omnibus Adult Protection Act.  Contact an experienced attorney at the McDougall Law Firm if you, or a loved one suffered injury, or an untimely fatal outcome caused by unsafe nursing home practices, inadequate precautions, and neglect.

 

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.

https://www.postandcourier.com/health/covid19/plan-to-reopen-sc-nursing-homes-to-visitors-hinges-on-federal-stimulus-mcmaster-says/article_8d46aff2-db62-11ea-90c4-0f9f7d29fec7.html

https://www.scdhec.gov/sites/default/files/Library/Regulations/R.61-17.pdfd

https://www.scstatehouse.gov/code/t44c070.php

https://www.scstatehouse.gov/code/t43c035.php

 

 

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