South Carolina – November 30, 2020

Nursing home negligence and abuse are different in many ways, but the outcomes can be just as harmful for South Carolina long term care residents.  The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987 created uniform guidelines for long-term care facilities receiving federal Medicaid and Medicare funding that grant all nursing home residents the rights to maintain and receive adequate nutrition, personal hygiene, mental and emotional support, and social involvement. If an individual, or their family member suspect a resident’s rights are being violated, they should contact a nursing home abuse attorney.  

Neglect.

Nursing home abuse attorneys can help with violations of the nursing home rights that can be considered negligence of care. While it is different from abuse, but the outcomes may be the same when exacerbated illness, or death is the result. The National Center on Elder Abuse (NCEA) estimates that over 90% of nursing home residents have been neglected, or witnessed neglect in a long term care facility.  Deviations from the care outlined under the resident bill of rights could have serious consequences resulting in the exacerbation of pre-existing illness, or death.  Nursing home neglect is a form of elder abuse involving the substandard care of a resident, or a breach of duty that harms a resident in a nursing home and may include:

  • Medical neglect – existing health conditions can become worse when care and proper medication are not given.
  • Neglect of basic needs – access to water, shelter and clothing.
  • Neglect of personal hygiene – daily practices afforded to keep a person clean through bathing, clean laundry and attend to dental hygiene, measures to keep a body healthy.
  • Social and emotional neglect – failure of caregivers to respond to resident needs, and the lack of community leaving residents alone, or through mistreatment.

Nursing home negligence can be caused by:

  • Understaffing
  • Inadequate training
  • Lack of necessary supplies
  • Sub-par hiring practices

South Carolina procedures.

South Carolina nursing home facilities have standard operating procedures in place that reference state statute, requiring administrative personnel to protect residents.  If residents suffer harm directly related to a negative nursing home encounter, whether it is due to negligence, or abuse, exacerbating an existing health condition, or placing them in direct danger, a skilled nursing home lawyer can help.  Through a formal complaint from the resident, or loved ones, legal counsel can identify the appropriate legal cause of action in support of the duty of care outlined in the Resident Bill of Rights set forth 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 neglect that has exacerbated illness, 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://ncea.acl.gov/

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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