Protecting The Rights Of Nursing Home Residents In The Midlands And Low Country
You visited Mom and something felt wrong. She’d lost weight. There was a sore nobody mentioned. You don’t need proof to ask questions. South Carolina gives nursing home residents written rights, a state office that takes complaints, and the right to bring a claim when neglect causes harm. Wilson Law Group, LLC helps families across the state do exactly that, and the first talk is free.
What does nursing home neglect look like?
Neglect is care that should have happened and didn’t. It’s quieter than abuse. Watch for bedsores, sudden weight loss, dehydration, repeated falls, soiled bedding, missed medications, and infections that keep coming back. Fear of certain staff is another of the warning signs of nursing home abuse.
It isn’t rare. In a World Health Organization review of studies from nursing homes and long-term care facilities, 64.2% of staff said they had committed some form of abuse in the past year (WHO, Abuse of older people fact sheet).
What rights does my parent have in a South Carolina nursing home?
Your parent has a written bill of rights under state law. South Carolina passed the Bill of Rights for Residents of Long-Term Care Facilities in 1985 (S.C. Code 44-81-10). The facility must explain those rights and the grievance process in writing and out loud, at or before admission (S.C. Code 44-81-40). Ask for that paper.
If the admission packet included an arbitration agreement, read it closely. A facility that takes Medicare or Medicaid can’t make signing one a condition of admission, and the agreement must let you cancel within 30 days of signing (42 CFR 483.70). Bring it to a lawyer before you assume you’ve given anything up.
Who do I call if I suspect neglect?
Call the Long Term Care Ombudsman at 1-800-868-9095. That office, run by the South Carolina Department on Aging, takes complaints about care inside facilities. It investigates more than 8,000 complaints a year (SC Department on Aging). State law sends facility neglect reports there (S.C. Code 43-35-25). Anyone can report, not just nurses and doctors.
If someone is in danger, badly hurt, or may have been sexually assaulted, call 911 first. The law says police must be contacted right away in those cases.
How is a neglect case different from a regular injury claim?
It’s often handled as a medical malpractice case. South Carolina law lists nursing homes as health care institutions (S.C. Code 15-79-110). Before a lawsuit can be filed, the family must file a Notice of Intent to File Suit along with a sworn statement from a qualified medical expert (S.C. Code 15-79-125). Here’s how a malpractice case works in South Carolina.
What should I save in the first week?
Records change and memories fade. Start here:
- Take dated photos of every sore, bruise, or injury.
- Write down names, dates, and what staff told you.
- Request the care plan and medication records in writing.
- Keep the admission packet and any arbitration papers.
- Save texts or emails with the facility.
Why talk to Wilson Law Group?
Our two attorneys have more than three decades of combined experience handling injury cases in South Carolina. We’ll pull the records, find the right medical expert, and deal with the facility and its insurance company. If the problem is at home, see our page on home care negligence.
FAQ
Do I need a nursing home neglect lawyer, or can I just complain? Do both. A complaint to the Ombudsman can fix the care. A lawyer looks at whether the harm already done gives your family a claim.
What if my parent died? The family may have a wrongful death claim in South Carolina, brought through the estate.
Can a nursing home neglect lawyer help if Mom is still living there? Yes. State law bars a facility from retaliating against a resident for using these rights (S.C. Code 44-81-70).
Is there a deadline? Yes. South Carolina sets time limits on these claims, and exceptions exist. Talk with a lawyer about your own dates.
What is elder abuse under South Carolina law? It covers abuse, neglect, and exploitation of vulnerable adults. Read more about elder abuse laws in South Carolina.
Talk to a nursing home neglect lawyer today
You can call us when you’re ready, but sooner is almost always better. Records change and staff move on. Even when the filing deadline looks far off, the work of saving evidence starts now. Call Wilson Law Group, LLC at 803-245-7799 for a free consultation, with no obligation.
This page is general information about South Carolina law. It isn’t legal or medical advice, and reading it doesn’t create an attorney-client relationship.