Elder Abuse in South Carolina: What Families Need to Know
South Carolina’s Omnibus Adult Protection Act requires specific organizations, such as nursing homes, to provide adequate care and protect older adults from abuse. The Act also establishes abuse reporting guidelines and authorizes certain entities to investigate incidents of elder abuse. Understanding these laws can help you pursue legal action if you or your loved one is a victim of elder abuse in South Carolina.
Who Do I Call About Elder Abuse in South Carolina?
Quick answer: It depends on where the person lives. South Carolina’s adult protection law, Title 43, Chapter 35 of the state code, sends each kind of report to a different place.
Is someone in danger right now? Call 911. Don’t wait on anything else.
Does the person live at home or with family? Call Adult Protective Services at the South Carolina Department of Social Services, 1-888-227-3487 (1-888-CARE4US). You can also report online.
Does the person live in a nursing home, assisted living or another care facility? Call the Long Term Care Ombudsman at the South Carolina Department on Aging, 1-800-868-9095.
Is it a possible crime inside a facility run by the state’s mental health or disabilities agencies? That report goes to SLED, the State Law Enforcement Division. Its Vulnerable Adults Investigations Unit handles those cases.
Not sure which one fits? Call anyway. Making the call matters more than picking the perfect office.
Common Types of Elder Abuse
Elder abuse comes in many forms, including:
- Physical abuse – A caregiver uses force to inflict bodily harm or physical pain on a patient. Physical abuse can involve actions such as pushing, kicking, or slapping.
- Sexual abuse – Groping, fondling, penetration, harassment, indecent exposure, and any non-consensual sexual activity with a senior are examples of sexual abuse.
- Neglect – Elderly adults are victims of neglect when caregivers refuse or fail to provide adequate care, such as by withholding treatment for injuries or leaving patients in soiled linens.
- Financial exploitation – Financial abuse occurs when a caregiver uses a patient’s assets, money, identity, or personal property illegally or improperly for personal gain.
- Emotional or psychological abuse – Emotional abuse involves inflicting mental pain, distress, or anguish on older adults through behaviors like threatening, humiliating, or yelling.
Warning Signs of Elder Abuse
Abuse rarely announces itself. Families usually notice one small thing. Then another. Here’s what to watch for.
At home or with a family caregiver:
- Bruises, burns or injuries nobody can explain
- Sudden weight loss, or not enough food in the house
- Medications missing, doubled up or not taken
- A caregiver who won’t let you visit or talk alone
- Sudden changes to bank accounts, a will or a power of attorney
In a nursing home or care facility:
- Bedsores, also called pressure sores
- Soiled clothes or bedding left for long stretches
- Falls that keep happening, or injuries staff can’t explain
- Medication mix-ups
- Harm from another resident
- A resident who seems afraid after complaining, which can point to staff retaliation
One more type belongs on the list above. It’s called self-neglect. That’s when a vulnerable adult with no one caring for them can’t keep up with their own food, medicine or safety. South Carolina’s law counts it as neglect.
These are signs, not a diagnosis. Only a doctor can say what caused an injury. If you’re seeing signs of nursing home neglect in South Carolina, write down what you see and when. Take photos if you can. Then make the report.
What to Do If You Suspect Someone Is Being Abused
If you believe the situation is an emergency, call 911 immediately to get your loved one out of the nursing home and to a safe place. Otherwise, you can inform Adult Protective Services or your local long-term care ombudsperson. These parties investigate reports of elder abuse and work to hold nursing home facilities accountable.
You should also hire a South Carolina elder abuse lawyer for representation. A knowledgeable attorney can conduct an independent investigation into the nursing home, communicate with facilities and administrators on your behalf, and demand fair compensation for your loved one’s suffering.
Criminal Charges, Protective Orders and Deadlines
A civil claim is only one track. Abuse, neglect and exploitation of a vulnerable adult can also be crimes. Those charges move on their own, separate from anything a family files.
The law can also protect a person right away. A law enforcement officer can take a vulnerable adult in a life-threatening situation into protective custody. The family court can order protective services. None of that has to wait for a lawsuit.
South Carolina also sets a deadline for civil claims, called a statute of limitations. Exceptions exist, and which deadline applies depends on the facts. Talk to a lawyer about your specific dates. And don’t wait on it. Records get lost. Staff move on. Memories fade. The sooner a lawyer starts, the more of that evidence can be saved.
What a Civil Claim Can Cover
Depending on the circumstances, you might be able to file an insurance claim or elder abuse lawsuit against the responsible party. If a facility is liable for the abuse, you can usually file a claim with its liability insurance provider. If a nurse, maintenance worker, or another specific party is at fault, you could have grounds to sue them directly.
Whether you file an elder abuse claim or lawsuit, the money you recover could include compensation for:
- Hospital stays, therapy services, and other medical expenses
- Lost income for family members who missed work to provide care
- Pain, suffering, and emotional distress
- Loss of quality or enjoyment of life
How an Elder Abuse Lawyer Can Help
When you hire an experienced elder abuse attorney, they can help you by:
- Gathering compelling evidence for your case
- Communicating with other parties, such as nursing home administrators, insurance companies, and defense attorneys
- Preparing and filing paperwork for your claim
- Negotiating aggressively to maximize your settlement
- Taking your case to trial (if necessary)
Elder Abuse in South Carolina: Common Questions
Who counts as a vulnerable adult in South Carolina?
Anyone 18 or older whose physical or mental condition keeps them from caring for or protecting themselves. That includes the infirmities of aging, but it isn’t limited to seniors. Every resident of a care facility counts.
Do I have to be family to report elder abuse?
No. Anyone who has reason to believe a vulnerable adult is being abused, neglected or exploited may report it. If you actually know it happened, South Carolina law says you must report it.
Is a nursing home required to report abuse?
Yes. Caregivers, nurses, doctors, social workers, and staff and volunteers of a facility are mandatory reporters under the Adult Protection Act. Each of them is personally responsible for making the report.
What’s the difference between neglect and self-neglect?
Neglect is when a caregiver fails to provide food, medicine, shelter, supervision or medical care, and the person is hurt or put at real risk. Self-neglect is when a vulnerable adult with no caregiver can’t do those things for themselves. South Carolina’s law covers both.
Can a family sue a nursing home in South Carolina?
Often, yes. A facility can be held responsible for abuse or neglect by its staff, and so can the people who caused the harm. Some of these cases follow extra steps South Carolina sets for medical claims. A lawyer can tell you which rules fit your situation.
Seek Help from an Elder Abuse Lawyer in SC
For over 30 years, Wilson Law Group, LLC has fought for the wrongfully injured in South Carolina. If you are a victim of elder abuse or suspect your loved one is a victim, contact us now for a free consultation.
This is general information about South Carolina law, not legal advice. Reading it doesn’t create an attorney-client relationship.
