South Carolina – November 18, 2020

Recent AARP reports reveal that COVID-19 cases and deaths are trending downward in South Carolina nursing homes, but almost 30% of the State’s nursing homes are understaffed and 20% did not have a week’s supply of PPE.  These two events endanger treatment during the pandemic, as well as causing long waits for basic daily care for some residents who claim they must wait hours to go to the bathroom. Depression is also more pronounced as caregivers who residents have become familiar with have left their positions, and they are still limited in terms of visits from loved ones.   The Governor is positioned to develop a task force to enhance certifications for nursing home staff and evaluate other effective means to close these job shortages in the state that have such a great impact on nursing home residents and their safety.   Contact an experienced nursing home attorney if you believe the shortages in nursing home staff has caused harm to a resident loved one.

Resident Bill of Rights.

Nursing home residents have rights under federal and state law, and attorneys at McDougall Law Firm can support those rights in legal actions necessary for families and individuals who have been subject to subpar standards of care or deviations from the resident’s bill of rights.  The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 outlines residential rights to protect the approximately 1.3 million Americans living in nursing homes and long-term care facilities from nursing home abuse.  Complaints can be made 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..

Standard of care.

When 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, or nurse because acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger are deviations from NHRA  rights.  It may be time to consult with a competent South Carolina attorney, who is knowledgeable about elder law protections when a resident, or loved one wants to make a formal complaint against a nursing home nurse.

South Carolina laws.

South Carolina nursing home facilities have standard operating procedures requiring administrative personnel to protect residents.  If residents suffer harm directly related to a negative nursing home encounter that exacerbated an existing health condition, or placed them in danger, a skilled lawyer can identify the appropriate legal cause of action supporting a duty of care outlined in the Resident Bill of Rights set for by the South Carolina Omnibus Adult Protection Act.

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://www.wrdw.com/video/2020/11/19/south-carolina-nursing-homes-cope-with-staffing-shortages/

https://scdhec.gov/health-regulation/health-facility-regulations-licensing-con/medicaid-medicare-certification-1

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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