South Carolina – December 21, 2020

South Carolina long term care facilities have started administering their residents and staff with the COVID 19 vaccine.  The rollout includes prioritizing long term care facility residents who have been disproportionately compromised by the virus, killing more than 100,000 in the United States.  South Carolina State has dedicated approximately 104,000 doses of the Moderna vaccine for use at these facilities.  Residents and families may want to speak with legal counsel surrounding questions of mandated vaccination, or negative health interaction responsibility.

The Centers for Disease Control and Prevention (CDC) outline the necessary action to be taken at long term care facilities and educates administrators and staff on methods to answer resident and family concerns regarding the safety of the vaccine and any negative health interactions it may cause to residents.  The federal agency’s website says the vaccination program will be free to long-term care facilities and that CVS and Walgreens will manage the COVID-19 vaccination process, including cold chain management, on-site vaccinations, and reporting requirements.” Staff at long-term care facilities who have not already received the COVID-19 vaccine can get it as part of the initiative. If an individual, or their family member suspect a resident’s rights are being violated, they should contact a nursing home abuse attorney as there may be some hesitation to taking the shot.

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.  To deter the spread of communicable disease, South Carolina nursing homes have rules that require isolation protocols to be initiated and that has been part of the process during COVID 19.  With the transition to vaccinate more residents, administration may have to address specific nuances of the protocols so as not to isolate residents unnecessarily as reducing social interaction is a form of nursing home abuse. Residents should contact nursing home lawyers  with questions.

South Carolina Department on Aging.

The South Carolina Department on Aging  may be able to answer questions from residents who are hesitant to become vaccinated and what their rights are as they live with a group of at risk population.  They can call 1-800-868-9095 for assistance, if residents are being forced to entertain unwanted treatment, or are being abused in isolation for not taking the vaccine, they should contact an experienced nursing home abuse attorney.

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, or abuse, inadequate precautions, and neglect, or forced treatment modalities.

 

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

 

 

Sources.

 

https://www.msn.com/en-us/health/medical/sc-reserving-moderna-s-covid-19-vaccine-for-nursing-home-residents-staff/ar-BB1c3VzT

 

https://www.cdc.gov/mmwr/volumes/69/wr/mm6949e1.htm

 

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

 

 

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *