South Carolina – December 7, 2020

Long term care facilities including nursing homes, and assisted living facilities in South Carolina are associated with the long term care ombudsman program in the state that was put into place to investigate complaints filed by residents, or loved ones who may be concerned about the level of care they are receiving at a long term residential care center. Elder law attorneys  in concert with long term care ombudsmen can:

  • Advocate for residents and family members through education on their benefits and rights according the state and federal law,
  • Assist with qualify of care and life concerns,
  • Answer questions and help with the formal grievance processes,
  • Educate and offer resources for residents, caregivers and community about issues arising at long term care facilities and how they might be addressed.

Grievances.

Grievances against long term care facilities and nursing homes may allege negligence and/or abuse in specific cases regarding 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 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, basic needs neglect, lack of assistance with personal hygiene, and inadequate social and emotional support for residents.  Neglect is often caused by poor training, reduced staff, lack of supplies and poor management.

Standard of care.

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.

Report concerns. 

If a resident, visitor, or loved one suspects abuse, or neglect in a South Carolina nursing home or long term care facility they should contact the South Carolina Department on Aging at 1-800-868-9095 for assistance.  They may be able to assist with resident rights violations, improper discharge, or transfer of residents, benefit eligibility and any other deviations from the standards against abuse, neglect, or exploitation.  If the Department cannot be of assistance, consultation with a nursing home abuse attorney may also prove beneficial.

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://aging.sc.gov/

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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