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South Carolina nurses arrested for failing to provide wound care in a residential facility.

South Carolina – February 28, 2023

The South Carolina Medicaid Fraud Control Unit (SCMFCU) arrested two nurses on Neglect of a Vulnerable Adult charges last Summer after they allegedly failed to provide necessary care to maintain the health and safety of two nursing home residents. Officials said both nurses were employed as Licensed Practical Nurses at the nursing facility in Spartanburg and intentionally failed to change the victims’ wound dressings, causing their wounds to increase in size, resulting in both victims suffering unnecessary harm and risk to their physical health.  The nursing home abuse victims were classified as vulnerable adults under South Carolina law based upon their residence in a residential or skilled nursing facility. While nursing home abuse is more egregious and can be very damaging to residents, neglect although not intentional but it can be just as harmful. In cases of neglect, residential nursing home staff may fail to:

  • Care for wounds and bedsores may result. There are four stages of classification for bedsores ranging from redness to muscle and bone damage which can lead to serious infections that can cause sepsis and death.

Dangers of bedsores.

Pressure ulcers, commonly known as bedsores are classified into a series of four stages based on how deep the wound is:

  • Stage 1 ulcers have not yet broken through the skin.
  • Stage 2 ulcers have a break in the top two layers of skin.
  • Stage 3 ulcers affect the top two layers of skin, as well as fatty tissue.
  • Stage 4 ulcers are deep wounds that may impact muscle, tendons, ligaments, and bone.

When a loved one is harmed due to neglect or mistreatment, it is important to act quickly and try to iron out details with facility administration and staff. Report nursing home neglect to 911 in the event of a medical emergency. A South Carolina nursing home abuse lawyer will be able to provide guidance on recoverable compensation for any harms due to proven negligence.

Standard of care deviations.

When deviations from the resident bill of rights occurs, and sub-standard care results in harm to a resident, or outright abuse occurs, legal action may be taken against a nursing home and/or the treating medical professional because acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger are deviations from NHRA  rights.  Depending upon the outcome of that conversation, it may be time to consult with a competent South Carolina attorney, who is knowledgeable about elder law protections.

Nursing Home Reform Act.

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. Those who are incapable of daily living activities such as grooming and using the restroom are entitled to personalized care from nursing home staff, and treatment that does not violate the resident’s dignity or respect.

Hire a lawyer and follow reporting procedures.

Families of residents who suspect a nursing home is not providing the level of care needed should speak to the facility administrators, contact the local ombudsman program, and consult with a nursing home abuse attorney to see if formal action is required. An experienced attorney at the McDougall Law Firm may assist in the preparation of formal complaints or to initiate legal action against a nursing home facility in South Carolina that is charged with negligence to its residents.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.

https://www.foxcarolina.com/2022/12/05/upstate-nurses-arrested-after-allegedly-failing-provide-care-two-nursing-home-residents/

  1. Nursing Homes | CMS
  2. https://www.congress.gov/bill/100th-congress/house-bill/3545/titles
  3. https://www.scdhec.gov/sites/default/files/Library/Regulations/R.61-17.pdf

 

 

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