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Identifying South Carolina laws against violations of nursing home resident rights.

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South Carolina – March 31, 2021

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 suffered personal injury, or harm.  United States licensed care facilities have a mission to attend to the well-being of approximately 1.3 million Americans living in nursing homes and long-term care facilities, and protect them from neglect and nursing home abuse.  When deviations in standards of care occur, complaints can be made 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.

South Carolina legal guidelines.

The South Carolina Department of Health has guidelines that state run nursing homes must adhere to for the safety and well-being of their residents.  The overarching rights included in the Federal Resident Bill of Rights under the Omnibus Budget Reconciliation Act of 1987 are the primary reference for these protections.  South Carolina protections also include:

S.C. Code Section 44-81-10.  

Each resident, or the resident’s representative must be given by the facility a written and oral explanation of the rights, grievance procedures, and enforcement provisions of South Carolina law at the time of admission to a long-term care facility.

Alzheimer’s Special Care Disclosure Act.  

A nursing home, community residential care facility, or day care facility for adults licensed by the Department of Health and Environmental Control which offers to provide or provides an Alzheimer’s special care unit, or program must include in its policies and procedures and disclose to the responsible party seeking a placement within the Alzheimer’s special care unit or program, the form of care or treatment provided that distinguishes it as being especially applicable to or suitable for persons with Alzheimer’s disease. The information that distinguishes the form of care or treatment shall include criteria for admission, transfer, and discharge; care planning; staffing patterns; staff training; physical environment; resident and participant activities; family role in care; and unique costs to the resident or participant associated with specialized service delivery.

The Omnibus Adult Protection Act as S.C. Code Section 43-35-5, et seq.  

In accordance with The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987, residents are entitled to receive:

  1. Medically-related social services,
  2. Proper health care and dental care,
  3. Accurate dispensing, receipt, and administration of medicines,
  4. Dietary services that meet daily nutritional needs,
  5. Services for mentally ill and special needs residents,
  6. Personal, material, and financial privacy when requested,
  7. Treatment that does not violate a resident’s personal dignity.

Seek legal counsel.

Residents who suffer harm directly related to a negative nursing home encounter that exacerbated an existing health condition, or placed them in danger, should speak to a skilled nursing home abuse lawyer who can identify the appropriate legal cause of action supporting a duty of care owed to residents.  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://www.scstatehouse.gov/code/t44c081.php

https://scdhec.gov/sites/default/files/docs/Health/docs/hlalzheimer.pdf

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

https://www.scdhhs.gov/internet/pdf/RegionalTrainingOAPAHandout2010.pdf

How does an accident victim in Florida prove a business was at fault for their injuries from a slip and fall?

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Boca Raton, FL – Slip and fall injuries are a common source of injuries and fatalities throughout the United States. Because of this problem, property owners are responsible for keeping areas safe and clear for expected guests. When they fail to do so, they may be named as a defendant in a civil lawsuit for damages to pay for the victim’s injuries. However, in order to be successful, the victim needs to prove certain elements of negligence and show that the defendant failed to fix a known hazard or take reasonable precautions to avoid accidents. 

The duty of care

All negligence actions start by establishing a relevant duty of care and show that the defendant deviated from this standard in some significant way. A common example of a lack of care in a slip and fall case is when a grocery store leaves spilled liquids on the floor for an extended period of time without cleaning the spill up. 

One way of showing a breach of the duty of care is to show that some kind of foreign object or substance remained in an area where it was not supposed to be. Something as common as water can become a serious problem if it is not cleared from a walkway in a short period of time. In other words, the property owner would breach their duty of care if they left a heavily travelled area in a condition that was likely to cause injuries. The defendant can attempt to say that they did not have enough time or an opportunity to clear the area, especially if another customer was responsible for the problem. There will need to be a fact intensive inquiry about the relevant length of time and other issues. 

Causation and damages

Another element of negligence is to show that the defendant’s actions were the actual cause of the victim’s injuries. In a case where a slip and fall accident is involved, this is usually a simple step, as the fall is almost always the cause of the injuries. It is more important to determine if the business was responsible for the initial hazard. 

Finally, the plaintiff is able to add up their medical bills and other losses for the element of damages. This is the amount that the defendant must pay if they are liable. 

Help from a personal injury lawyer in Boca Raton

Rosenberg Injury Law is an experienced firm that handles various issues related to accidents and civil lawsuits in Florida. A meeting with one of their attorneys is the best way for an injured person to start the process to receive compensation.  

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com