South Carolina – January 1, 2021

Residential care facilities. 

 In the United States, assisted care facilities have been created to address the structured care and services to residents that can no longer safely complete the activities of daily living, or need the socialization that a communal care entity can provide.  These entities should not operate without a state license, and must follow federal and state laws regarding the resident bill of rights identified in The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987.  Regulation ensures residents are receiving a proper level of care while living in nursing homes and assisted living facilities. Nursing home attorneys assist individuals and family members who suspect abuse and harm against loved ones living in long term skilled facilities.

South Carolina standards.

 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.

Abuse and neglect are slightly different, but cannot result in similar negative outcomes to residents.  A nursing home facility can be held liable for any personal injury, or neglect causing harm to a resident, or patient in their care.  Abuse can occur through deliberate actions to cause bodily injury, emotional abuse, exploitation, and sexual abuse, along with neglectful treatment leading to resident harms.  A licensed provider’s negligence may have occurred through:

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

 A nursing home abuse attorney can give concerned individuals some guidance on legal action against abuse, or neglect.

Damages.

  •  Medical expenses when the actions of nursing home personnel leave a resident with the need for increased medical care, such as surgery when a person falls out of bed and breaks their hip.
  • Lost wages in cases where residential living was necessary for the rehabilitation of a younger individual, and harm leads to the inability to work after leaving assisted care.
  • Non-economic damages when it can be proven that actions by residential care personnel negatively and permanently affect a victim’s quality of life
  • Punitive damages in nursing home injury cases are limited to the greater of three times the actual damages, or $500,000, meant to punish individuals, or entities who caused harm.

South Carolina Department of Aging. 

The South Carolina Department on Aging  may be able to answer questions from residents, or families who believe their loved ones have been abused by calling 1-800-868-9095 for assistance.  It may be wise to consult with an experienced nursing home abuse attorney to start an investigation when nursing home abuse signs are recognized.

Seek legal counsel.

Contact an experienced attorney at the McDougall Law Firm if you, or a loved one suffered injury, or any type of abuse because of negative nursing home practices, inadequate precautions, neglect, or forced treatment modalities.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.

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

 

 

 

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