South Carolina – February 10, 2021

South Carolina continues to be hard hit by the COVID-19 virus, recording an additional 5,000 new cases on Friday.  These new figures shatter the State’s daily record and residents should be reminded that they need to continue to take precautions, including wearing masks, washing hands and social distancing.  Individuals, and/or loved ones who have suffered harm, should contact a nursing home attorney if they believe that treatment, or lack of treatment surrounding COVID-19 has caused physical injury, or death to a resident.

COVID-19 vaccination.

All of South Carolina’s long-term facilities have been matched with a vaccine provider, and 5,511 residents, along with 2,272 staff members have received their first dose of the vaccine so far.  Several facilities that did not meet federal programming criteria have been identified, and a total of 146 facilities have opted into the program intended for nursing homes, assisted living facilities and intermediate care centers.  This explains the difference between the 750 long term care facilities listed in South Carolina, but references to 850 facilities registered to the program during vaccine roll-out.

Nursing home resident “Bill of Rights.”

Nursing home residents have rights under federal and state laws, and attorneys at McDougall Law Firm can explain the impact of those rights on legal actions necessary for families and individuals who have been subject to subpar standards of care, or deviations from the resident’s bill of rights.  The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 outlines residential rights to protect approximately 1.3 million residents living in nursing homes and long-term care facilities from nursing home abuse and negligence.

Forms of long-term care facilities abuse.

Nursing home abuse can occur during various daily living situations through methods of verbal abuse, sexual abuse, physical abuse, mental abuse, and involuntary seclusion.  Unintentional abuse is also considered in legal action against care providers and may include occasions where a treatment was not entertained, or made available to a resident.  In the case of the COVID-19 vaccination, resident’s rights may support whether, or not the timely vaccination of residents occurs, or if acceptable measures are made when a resident denies the vaccine as part of their treatment.  Contact an experienced nursing home abuse attorney if you believe any form of abuse, or deviation from current standards of care is occurring with your loved one, or another resident at the nursing home.

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.

Seek legal counsel.

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/south-carolina-reaches-grim-covid-19-milestone-as-vaccine-rollout-continues/article_303d6f1c-51d2-11eb-bf2c-031a537b1fac.html

https://scdhec.gov/health-regulation/health-facility-regulations-licensing-con/medicaid-medicare-certification-1

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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