South Carolina nursing home aide arrested for abusive restriction of movement on resident.

South Carolina – February 14, 2023

An investigation revealed that a South Carolina nursing home employee was abusive to an adult in their care on at least four separate dates between January 9 and February 1 of this year.  According to the South Carolina Medicaid Fraud Control Unit (SCMFCU), the 70-year-old certified nursing assistance was arrested and charged with abuse of a vulnerable adult resident.  On Jan. 9, the certified aide allegedly intentionally wrapped the victim’s head and face with clothing to restrict the victim’s movement, pushed the victim’s head into the bed and pinned the victim’s arms under the defendant’s knees and body to subdue the victim’s movement, the release said. On three other occasions, the care worker sprayed the victim’s head, face and body with an aerosol deodorant in order to control the victim’s movement, pushed the victim’s head into a bed, and pinned the victim’s arms under the defendant’s knees and body to subdue and restrict the victim’s movement.  Skilled South Carolina nursing home abuse lawyers can give guidance to victims of nursing home abuse.

Resident bill of rights.

Residents in South Carolina nursing homes have rights under The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 and under the South Carolina Omnibus Adult Protection Act, and families and loved ones need to make certain those rights are not being violated through acts of negligence or abuse at residential living facilities. Staff, administration, and consultants who are associated with a nursing home facility can be held liable for any personal injury or neglect that causes harm, exacerbates health conditions, or results in bodily injury or a premature death of a resident. Legal action may be taken against a nursing home worker and facility with the assistance of an experienced nursing home abuse lawyer based on acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger.

Common types of abuse.

1. Verbal abuse – oral, written, or improper gestures that include critical, offensive, and belittling terms.
2. Sexual abuse – sexual harassment, sexual coercion, or sexual assault.
3. Physical abuse – control by threat of corporal punishment, or hitting, pushing and painful restraint.
4. Mental abuse – humiliation, harassment, punishment, or deprivation, and gas lighting.
5. Involuntary seclusion – Separating a resident from other residents, their personal space, or confinement to their room against the resident’s will.
6. Unintentional abuse. 

Making a formal complaint.

The State of South Carolina has a complaint process for residents or loved granting direct access to a special staff of surveyors who will visit nursing home and long term care facilities to investigate complaints garnered against them.  Nursing home abuse victims can register complaints against a Nursing Home, or any other Medicare Certified healthcare facility by contacting the Bureau of Certification Complaint Hot Line at 1-800-922-6735. They can also report them to law enforcement authorities. Victims of abuse or families should consult a South Carolina nursing home abuse lawyer when the suspicion of nursing home abuse or neglect arises. Recoverable damages for harms experienced may include:

• Medical expenses when the actions of nursing home personnel leave a resident with the need for increased medical care, or long-term future care costs.
• Pain and suffering related to emotional, sexual, or physical abuse that has lasting consequences. Physical and emotional may warrant compensation.
• Non-economic damages when it can be proven that actions by residential care personnel negatively and permanently affect a victim’s quality of life.
• Funeral and burial expenses when a resident dies because of neglect, or abuse in a nursing home facility.

Hire a lawyer.

South Carolina Nursing Home Laws (S.C. Code Section 44-7-260), outline standards of care that must be upheld to maintain the well-being of nursing home residents.  When sub-standard care results in harm, or death to a nursing home resident, call an experienced attorney at the McDougall Law Offices, to discuss a potential case for recoverable damage compensation.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.

1. https://wpde.com/news/local/cheraw-healthcare-incorporated-south-carolina-nursing-home-employee-pushed-residents-head-into-bed-restricted-movement-chesterfield-county-detention-center-medicaid-fraud-control-unit
2. https://www.congress.gov/bill/100th-congress/house-bill/3545/titles
3. https://www.scstatehouse.gov/code/t43c035.php
4. https://www.scdhec.gov/sites/default/files/Library/Regulations/R.61-17.pdf