South Carolina – November 6, 2020

The mission of the South Carolina Department of Labor, Licensing and Regulation (LLR) is to promote the health, safety, and economic well-being of the public through regulation, licensing, enforcement, training, and education.  The health professional boards have committed to expediting licensure during the public health emergency to ensure South Carolinians have access to all needed healthcare resources, specifically the State Board of Nursing, whose mission is to assure safe initial practices and continuing competency in the practice of nursing. Complaints against nurses are investigated and disciplinary action taken when necessary. Contact an experienced nursing home attorney if you believe a nursing home staff nurse has caused harm to a resident loved one. The recent change could benefit nursing homes with the provision of more qualified care givers.

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.

The State of South Carolina has a complaint program with a special staff of surveyors available to visit nursing home and long term care facilities who have complaints against them.  The process involves the same steps as care surveys, but with a focus on the complaint at hand.  Individuals can register complaints 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. Please give us the facility name and the full details of your concern via the Hotline or email address below.

Standard of care.

When deviations from the resident bill of rights occurs, and 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://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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