South Carolina – August 23, 2021

Nursing home and other long-term care facilities in South Carolina have a specific Bill of Rights that all residential facilities must operate under, outlined in Title 44 of South Carolina Code, and referred to as the “Bill of Rights for Residents of Long-Term Care Facilities.”  All resident rights must be explained verbally and in writing, and they should be posted throughout the community locations in the facility. Procedures for grievance actions are outlined in this document and family members who find themselves concerned that their loved ones may not be receiving proper care under this law should speak with a nursing home abuse attorney in South Carolina.

Rights for residents.

The rights afforded to patients include the right to participate in their care and treatment plans, choose their own physician and to be fully informed of changes in care and treatment, including updated prognosis, in addition to the right to refuse to participate in experimental research. The law also says that residents must be treated with respect and dignity and given privacy during treatment and personal care. Family members, or loved ones of residents must be allowed access to the resident and residents must be allowed to meet and participate in social, or religious activities of their choosing. These rules, along with others including the Federal protections, protect the vulnerable patient population in South Carolina nursing homes and long-term care facilities from nursing home abuse and neglect.  Family members who notice signs of abuse should contact an experienced nursing home attorney for guidance on next steps to correct the negative interactions of staff members.

Facility duty of care.

Nursing home abuse attorneys in South Carolina can explain how a duty of care may have been ignored when a resident suffers any type of abuse from staff members.  The protections outlined in  The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 outline the specific duty of care recommended for residents of long term living.  Individuals who believe that a nursing home is not treating its residents with quality care and respect according to the new guidelines of the Centers for Medicare and Medicaid should contact a nursing home attorney to communicate the concerns on a resident’s behalf when negligence, or abuse is suspected.

Seek legal counsel.

When sub-standard care causes a resident to become depressed, suffer bodily injury, lose weight, and become nutritionally compromised, it may be accidental negligence due to staff, or supply shortages, or it may be considered abuse.  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 the Nursing Home Reform Act  rights.  Call an experienced attorney at the McDougall Law Offices, to discuss concerns if you believe a loved one is being mistreated at a nursing home in South Carolina.

 

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

 

Sources.

https://www.scstatehouse.gov/code/t44c081.php

https://www.congress.gov/bill/100th-congress/house-bill/3545/titles

https://www.medicare.gov/nursinghomecompare/About/howcannhchelp.html

https://www.medicare.gov/nursinghomecompare/search.html

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