Is racial or other types of bias increasing abuse or negligence in South Carolina?

South Carolina – February 19, 2023

Scholarly articles have revealed that despite the increased use of nursing homes by minority residents, nursing home care remains highly segregated. Compared to whites, racial/ethnic minorities tend to be cared for in facilities with limited clinical and financial resources, low nurse staffing levels, and a relatively high number of care deficiency citations. Residents or loved ones who believe the level of care they are receiving is subpar should review the Federal and South Carolina resident bill of rights and talk to a lawyer about elevated risks connected to perceived or actual bias. Some potential risk factors for abuse include:

Veteran status
LGBTQ+ identification
Being female
Mental decline or illness
Racial bias

Perceived bias.

If a resident or loved one believe that biased behavior is putting them at risk, they should talk to an experienced nursing home attorney who can assure them that services are supported by federal and state laws. As there are special safeguards in place for individuals suffering from mental illness and veterans, there may be an existing platform toward litigation of abuse claims. While women and LGBTQ+ individuals may be targeted, the laws in place are not as pointed as those for mental illness and veteran status but in all cases prove of abuse or neglect must be present and if a lower standard of care is delivered based on race, a formal complaint action may be required.

Report abuse, subpar care, or negligence.

Residents if they are able, or family members should report the incidence of abuse or suspected abuse or neglect. If possible, they should try to address concerns with facility administration and staff. Report nursing home neglect to 911 in the event of a medical emergency. Residents and families who feel their loved ones are being neglected in a nursing home should contact a lawyer to assist in researching and guiding further actions. Under The Federal Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987 and South Carolina Code Section 43-35-5, et seq. residents of long term care facilities are entitled to receive:

Medically related social services,
Proper health care and dental care,
Accurate dispensing, receipt, and administration of medicines,
Dietary services that meet daily nutritional needs,
Services for mentally ill and special needs residents,
Personal, material, and financial privacy when requested,
Treatment that does not violate a resident’s personal dignity.

Experienced nursing home abuse attorneys at McDougall Law Firm can assist residents and families when residents are being abused or neglected based on their race, veteran status, mental illness or sexual orientation.

Seek legal counsel.

Nursing home abuse lawyers can explain the difference between abuse and negligence in South Carolina. Residents who have questions or concerns should speak to an experienced nursing home abuse attorney at the McDougall Law Firm.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.