South Carolina Nursing Home Abuse Attorney

South Carolina – April 6, 2021

Victims of financial abuse should contact an experienced nursing home attorney after suffering losses related to theft of money, property, and assets. In some cases, abusers may coerce residents to sign over financial accounts, or give them power of attorney over fiscal matters, endangering a resident’s financial stability which could cause problems with future long term care expenses. Loved ones and legal representatives should be aware of signs of financial abuse including:

Hasty changes to estate documents,
Living conditions seem to be lower than the resident’s financial means would support,
Unexplained money, or asset transfer to unfamiliar individuals,
Frequent regular payments made to caregivers, or financial professionals without family oversight,
Withdrawals from banking accounts, or other funds by individuals who are not family, or resident,
Missing jewelry, or other personal belongings of value,
Changes in discussions surrounding financial health of resident with visitors and family that were previously involved in those matters,
Bank signature card has additional names added,
Forged resident signature to undertake transfers of property, or other assets.

Victims, and/or loved ones should seek the assistance of qualified legal counsel for guidance on the process of reporting, and repairing any damage caused by financial abuse actions in a nursing home.

Complaints.

Resolving any type of nursing home abuse starts with a resident, or loved ones reporting suspicions of abuse to the resident home administrators, a South Carolina Long Term Care Ombudsman, the South Carolina’s Department of Health and Environmental Control, and reporting to the South Carolina Department of Social Services. Any one of these agencies may be able to provide insight to loved ones, or resident victims of abuse. A South Carolina nursing home attorney could work with various agencies to build a case for damages against an abuser of a nursing home resident.

Abuse evidence.

It is important for legal case building, and proof of a complaint of financial abuse that evidence be collected. Evidence of abuse may include the victim’s written account of activities leading up to financial abuses, theft, or other financially related actions that were harmful to the resident. The written account should include:

Dates, times, locations of abuse,
How the abuse has affected the resident,
Who caused the abuse,
Witnesses and their accounts of what happened with descriptions at the facility,
Records of complaints previously made to nursing home.

Consultation with a competent South Carolina attorney, who is knowledgeable about elder law protections may be beneficial, when a resident, or loved one wants to make a formal complaint against a nursing home after financial abuse, or theft has caused harm to a resident.

South Carolina law.

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, including financial instability, a skilled lawyer can identify the appropriate legal cause of action to support the nursing home’s duty of care outlined in the Resident Bill of Rights set for by the South Carolina Omnibus Adult Protection Act.

Hire legal counsel.

Victims of nursing home abuse should contact an experienced attorney at the McDougall Law Firm after suffering financial harms caused by nursing home staff, administration, or an outside party that occurred at the nursing home. There is a prescribed duty of care that long term residential facilities must maintain for South Carolina nursing home residents and it supports legal action for financial abuse.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.

https://dss.sc.gov/contact/

https://scdhec.gov/health-regulation/healthcare-facility-licensing/facility-specific-info/nursing-home-information-1

https://www.getcaresc.com/guide/adult-advocacy

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

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:

Medically-related social services,
Proper health care and dental care,
Accurate dispensing, receipt, and administration of medicines,
Dietary services that meet daily nutritional needs,
Services for mentally ill and special needs residents,
Personal, material, and financial privacy when requested,
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.