Does the distinction of nursing home, or assisted living impact legal action in South Carolina?
South Carolina – May 31 2021
There is a distinction between the two standards of in-patient elder care in the United States, nursing homes and assisted living facilities. Nursing homes are medical facilities overseen by licensed health care providers with on-site registered nurses and nursing aides performing job duties based on a resident’s care plan with input from a physician in many cases. Assisted living facilities provide less intensive medical support and may be less expensive, but are not as regulated, so legal claims will be based on a different set of responsibilities, than that of an “owed duty of care” for medical malpractice. If actions of abuse, or negligence occur at either facility, a skilled nursing home abuse attorney in South Carolina may be of assistance to recover damages for residents, or their loved ones.
Differences.
Medical attention in assisted living facilities tends to be based on individual needs for activities of daily living, oversight of medication and transportation for simple errands and doctors’ appointments in most cases. Nursing home residents are usually in need of skilled medical care provided by state licensed healthcare personnel who owe residents a duty of care, often performing therapies for occupational, physical, respiratory, speech and other health systems outlined in a physician treatment plan. Nursing homes may tend to be more institutional in setting, compared to assisted living, where the design is to mirror a home situation with common rooms, and dining areas where residents have more freedom than at a nursing home.
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. Contact an experienced nursing home attorney if you believe a nursing home staff nurse, or assisted living care worker has caused harm to a resident loved one.
Resident 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. When deviations from the resident bill of rights occur, and sub-standard care, negligence, or abuse results in harm to a resident, legal action may be taken against a nursing home and/or the treating medical professionals 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, or assisted living facility 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 at a nursing home, or assisted living facility in South Carolina.
McDougall Law Firm, LLC
115 Lady’s Island Commons
Beaufort, SC 29907
Phone: 843.379.7000
Sources.
https://www.scdhec.gov/sites/default/files/Library/Regulations/R.61-17.pdfd
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