South Carolina – February 5, 2021

Resident Bill of Rights.

Nursing home residents have rights under federal and state law, and attorneys at McDougall Law Firm can explain the impact of those rights on 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.

Personal family considerations.

Before settling on a residential nursing facility that covers the required needs of a family, prospective residents, and families should investigate all clues that might reveal violations of a resident’s bill of rights.  To minimize risks to residents, and to keep them in the best emotional spirits through family interaction, consideration should be made regarding:

  • distance from home to establish a regular visiting schedule,
  • costs associated with care that are within a family’s means,
  • the size of the facility with regard to abuse. A large one may have a list of services with more staff, but it could just increase exposure to more people who could be acting in a negative fashion; compared to intimate settings offering less services that may allow for abuse, due to the lack of constant oversight from administrators and other staff members, and
  • the comfort and safety of a loved one.

Common forms of abuse.

Nursing home abuse can occur during various daily living situations through methods of:

  1. Verbal abuse – The directed use of oral, written language, or improper gestures that include critical, offensive, and belittling terms to residents, or their families.
  2. Sexual abuse – sexual harassment, sexual coercion, or sexual assault.
  3. Physical abuse – affect control by the 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 taking them from their personal space, or even confinement to his room (with/without roommates) against the resident’s will, or the will of the resident’s legal representative.
  6. Unintentional Abuse – warning signs may include developing bed sores, exacerbation of conditions like diabetes due to changes in medication, diet and exercise, frequent falls, or poor hygiene such as lack of bathing, or brushing teeth.

 Contact an experienced nursing home abuse attorney if you believe any form of abuse is occurring with your loved one, or another resident at the nursing home.

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.

Hire a lawyer.

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.scstatehouse.gov/code/t44c070.php

https://www.scstatehouse.gov/code/t43c035.php

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

 

 

 

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