South Carolina – September 11, 2021

When sub-standard care, or blatant actions of abuse cause harm to a nursing home resident, corrective actions may need to be taken that include reporting the suspicion of abuse to the administration, contacting a South Carolina Nursing Home Resident Ombudsman, or taking legal action to recover compensation.  Legal action may be taken against a nursing home and/or staff members, or treating medical professionals if acts of negligence cause, or exacerbate existing health conditions, or place residents in danger because they are deviations from the Nursing Home Reform Act  rights.

Signs of abuse.

  • Bodily Injury – Physical abuse may reveal itself through unexplained bruises, signs of restraint on wrists and ankles such as cuts and abrasions, malnutrition, dehydration, and sudden/severe weight loss; and hovering of staff for fear a resident may report abusive behavior.
  • Neglect – Physical neglect is a type of abuse that may, or may not be intentional, perhaps as a result of not enough staff, or supplies at a nursing home reflected in a resident’s lack of cleanliness, nourished appearance, sanitary surroundings, and clothing.
  • Emotional Abuse can present itself through resident agitation, nervousness, fear, or sadness. Acts of emotional abuse can be intentional, but they can also be unintentional when the abuser is overly stressed and unknowingly lashing out, or harming the elderly person.
  • Exploitation Abuse occurs when someone improperly, or illegally uses or steals a resident’s funds, assets, or property.
  • Sexual Abuse could reveal itself through sexually transmitted diseases (STDs); difficulty walking, sitting, or complaints of pelvic injury; bruises, irritation, bleeding or pain on inner thighs and genital areas; bloody, torn, or stained clothing items; agitation and withdrawal from socializing; PTSD symptoms and panic attacks; unusual sexual, or inappropriate behaviors toward abuse suspect; and attempts at suicide.

Compliance to Nursing Home Bill of Rights.

A Nursing home abuse attorney in South Carolina is familiar with the standard of care required to comply with South Carolina and the Federal Nursing Home Residents’ Bill of rights.  When actions are taken that cause injury through negligence, or purposeful abuse, the protections of The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 will be used to build a case if the residential facility did not provide:

  • Medically-related social services,
  • Proper health care and dental care,
  • Accurate dispensing, receipt, and administration of medicines,
  • Dietary services that meet daily nutritional needs,
  • Services for mentally ill and special needs residents,
  • Personal, material, and financial privacy when requested,
  • Treatment that does not violate a resident’s personal dignity.

Liability may fall on more than one individual, or entity..

A nursing home facility, the corporate owner, administration, staff members, and health care professionals can be held liable for any personal injury, or neglect causing harm to a resident or patient in its care, depending on the circumstances of the case at hand.  A South Carolina Nursing Home Abuse Attorney at the McDougall Law Firm will investigate allegations of negligence, or abuse that may include:

  • negligent hiring,
  • understaffing,
  • breach of regulatory obligations to guidelines,
  • insufficient employee training, or
  • errors in treatment or medication dispensing.

Seek legal counsel.

When a resident, or loved ones believes that there has been a breach in the Resident Bill of Rights, or harmful acts have been taken against a nursing home resident, it is important to take corrective action as soon as possible.  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.congress.gov/bill/100th-congress/house-bill/3545/titles

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

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

https://aging.sc.gov/programs-initiatives/long-term-care-ombudsman-program

 

 

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