South Carolina – June 14, 2021

There are situations where a nursing home may not be providing the proposed level of care to a resident that was promised upon moving in, and the facilities may fall short of providing services as outlined in the Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987.  In these cases, it may be prudent to speak with a nursing home abuse attorney in South Carolina who can guide actions to resolve problems, reach out to the resident ombudsman for the state and initiate action against more serious allegations of abuse that may be harmful to the resident. The South Carolina ombudsman’s job is to advocate for residents and investigate complaints by interviewing residents and staff members on site.

Fear of retaliation.

Families may be concerned that complaining, or calling attention to mishaps, or poor care of their loved one may cause conflicts between employers and staff members, who may subsequently retaliate against the resident when there is no one around to protect them.  Residents sometimes are too fearful to stand up for themselves and may request family intervention to solve the problems. There are procedures that may be taken that can guarantee some level of anonymity if they are handled correctly, and may require the assistance of legal counsel.  Contact an experienced nursing home attorney if you believe a nursing home administrator, staff nurse, or assisted living care worker has caused harm, through neglect, or abuse, to a resident loved one.

Types of complaints.

Common complaints surrounding nursing home residents stem from deviations in quality medical treatment modalities, environmental cleanliness, meals, or engaging interaction from staff and the closed living community activities.  Secondary complaints often surround price changes with additional services representing a la carte type add-on charges that were not clearly discussed at the time of moving to the facility.   An elder law attorney may be able to review the resident contract with the facility to ascertain if add-on charges are included in the contract language.

Communication toward resolution.

A meeting between caregivers, the administrative personnel, and the resident (accompanied by their family members) is the best way to openly discuss and address everyone’s concerns before they become dangerous living situations that may be emotionally, or physically harmful to a nursing home resident.  If these meetings are not fruitful, assistance from an experienced nursing home lawyer may be necessary.  A competent South Carolina attorney can assist with a formal complaint against a nursing home caregiver and facility, and civil action when it is necessary.

Seek legal counsel.

Nursing home residents who are suffering with violations of the Resident’s Bill of Rights, or those that are concerned about ill treatment at a resident care home should contact an experienced attorney at the McDougall Law Firm.  Damage compensation may be available to assist with changes of nursing homes, bills related to physical, or emotional injury, and in the worst case scenario, an attorney can initiate a wrongful death lawsuit when a nursing home resident dies because of lapses in care at a South Carolina nursing home.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.

https://aging.sc.gov/programs-initiatives/long-term-care-ombudsman

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

 

 

 

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *