South Carolina Nursing Home Abuse Attorney

What Rights Do Nursing Home Residents Have in South Carolina?

Both federal and state law establish clear, enforceable rights for nursing home residents. Understanding these rights is essential because violations of them form the legal basis for many nursing home abuse claims.

At the federal level, the Nursing Home Reform Act of 1987, still in force and enforced through CMS regulations, guarantees nursing home residents the right to:

• To be treated with dignity and respect
• To be free from physical, mental, sexual, and financial abuse
• To receive adequate medical care and have their personal physician of choice
• To participate in their own care planning
• To be free from unnecessary physical and chemical restraints
• To have their personal and medical information kept private
• To file complaints without fear of retaliation

At the state level, South Carolina has a Bill of Rights for residents of long-term care facilities. These rights include the right to be treated with dignity, the right to make personal decisions, the right to be fully informed of all services and charges, and the right to be free from abuse and neglect.

When a nursing home or its staff violates these rights, they breach both their legal and ethical obligations to residents, and can be held financially accountable through a civil lawsuit.

Types of Nursing Home Abuse & Neglect

There are several main categories of nursing home abuse and neglect:

• Physical Abuse – Some residents may be physically assaulted by members of the nursing home staff. Residents may be physically harmed during particularly aggressive attempts to get them to comply with certain orders. The perpetrator of physical injury is often a nursing home employee, but it may be a third party who committed the abuse. Nursing homes have an obligation to ensure the safety of their residents when they are admit people onto their property.
• Emotional Abuse – The most common type of emotional abuse in a nursing home is verbal abuse by nursing home staff. Some employees dehumanize residents with cruel remarks or commit other kinds of psychological injury. Victims of emotional abuse are usually much less likely to tell a loved one about their treatment out of shame or fear. Over time, the continuing abuse further leads to a more isolated state for the resident. According to the WHO, psychological and emotional abuse was the single most common form of abuse in institutional settings, with 33.4% of residents and their representatives reporting it.
• Sexual Abuse – Sexual abuse refers to any sexual contact without the resident’s consent, often by means of threat or force. The perpetrators are often employees, but other residents or even visitors can also commit sexual harm. When third parties commit sexual abuse, the nursing home can still be held liable for failing to keep the resident safe. Many victims are too frightened and ashamed to report the assault, sometimes thinking it was their fault. Many families do not realize what has occurred until a victim is diagnosed with an STD.
• Neglect – Neglect is the least direct form of abuse, but it is still incredibly harmful. Neglect includes failing to provide the resident with food, water, healthcare, and hygiene. Neglect is often the result of employees simply not taking their jobs seriously, though it can also be malicious in nature.
• Financial Abuse – Financial crimes are particularly common among nursing home residents, particularly among elderly residents who may be prone to confusion, such as those with dementia or Alzheimer’s. Financial abuse can range from stealing cash to convincing the resident to alter their will in the abuser’s favor. Family members should monitor the financial accounts of their loved ones to make sure no questionable activity is occurring.
• Medication Abuse and Overmedication — This is a category of abuse that receives insufficient attention. Nursing home staff sometimes administer incorrect medications, incorrect dosages, or use sedating drugs as a means of chemical restraint — making residents easier to manage but causing serious harm. 
• Elopement Neglect — When a nursing home fails to prevent a cognitively impaired resident, such as one with dementia, from wandering away from the facility unattended, this constitutes elopement neglect. The consequences can be fatal, particularly given South Carolina’s extreme heat and the distances a disoriented person can travel before being found.

The nursing home is responsible for keeping its residents safe, healthy, and comfortable. When they fail in this duty by allowing harm to occur, regardless of the form the abuse takes, they may be held financially responsible.

Common Nursing Home Complaints

Beyond formal categories of abuse, certain patterns of problems are consistently reported by residents and families at South Carolina nursing homes:

• Slow Response Times — With 87% of nursing home providers nationwide reporting moderate to high staffing shortages, and nearly half experiencing severe shortages, residents frequently must wait too long for basic assistance. A resident who cannot get timely help walking to the bathroom may attempt to go alone, fall, and suffer a fracture, a preventable harm directly linked to understaffing. 
• Social Isolation — Many nursing home residents experience deep isolation, especially those with limited family visitors. The COVID-19 pandemic exacerbated this problem by prohibiting in-person visits entirely. Prolonged isolation contributes to cognitive decline, depression, and a reduced ability to recognize or report abuse.
• Poor Sleep — Nursing home environments are active around the clock, and many residents struggle to sleep due to noise, staff disruptions, medication schedules, and shared rooms. Chronic sleep deprivation worsens cognitive function, emotional stability, and physical health in elderly residents.
• Bedsores (Pressure Ulcers) — Bedsores are among the clearest indicators of neglect. They develop when a resident is left in one position for too long without repositioning. Severe bedsores can progress to bone infections and sepsis, a life-threatening condition. A well-staffed, attentive facility should prevent all but the most medically unavoidable bedsores.
• Unsafe Food Practices — Poorly prepared or improperly stored food creates serious health risks for already vulnerable nursing home residents. In addition, low‑quality meals often contribute to malnutrition when residents refuse to eat.

Signs of Nursing Home Neglect & Abuse

Some signs of nursing home injury are more obvious than others. Different kinds of abuse exhibit different warning signs. Look out for the following signs if you suspect your loved one may be a victim:

• Physical Abuse
  • Broken bones
  • Dislocations
  • Sprains
  • Signs of restraint such as burns on ankles or wrists
  • Broken eyeglasses
  • Visible discomfort in the presence of certain staff members
  • Bruises or cuts without explanation
• Emotional Abuse
  • Depression
  • Mood swings
• Sexual Abuse
  • Sexually-transmitted disease diagnosis
  • Bruised genital areas
• Neglect
  • Unwashed clothes and bedding
  • Unexplained weight loss
  • Dehydration
• Financial Exploitation
  • Major purchases on a bank card
  • Unexplained large withdrawals
  • Sudden changes to wills or other estate planning documents
• Medication Abuse
  • Unexplained drowsiness or sedation
  • Sudden confusion or disorientation inconsistent with a resident’s diagnosis
  • Signs of over- or under-medication without documented medical justification

You should file complaints with the facility if you suspect nursing home abuse or neglectful behavior.

Elder Abuse Statistics

The Centers for Medicare & Medicaid Services’ (CMS) Nursing Home Data Compendium reports that South Carolina has 146 for-profit nursing homes, 31 non-profit nursing homes, and 11 government-owned nursing homes. Of the 188 nursing homes, the Compendium reported that 155 were dually certified for Medicaid and Medicare, while 33 facilities were Medicare only.

According to the Office of the State Long Term Care Ombudsman Program Accountability Report for Fiscal Year 2016-17, 536 nursing home complaints in 2017 were related to dignity or respect (staff attitudes), 402 were related to physical abuse, 364 were related to gross neglect, and 350 were related to accidents and improper handling. From July 1, 2016 to June 30, 2017, the Ombudsman program investigated 7,895 complaints.

A study cited in the National Center on Elder Abuse (NCEA) research brief on abuse of residents of long-term care facilities found 30 percent of adults with disabilities who used personal assistance service (PAS) for support of activities of daily living reported one or more types of mistreatment by their primary provider. According to the brief, Bureau of Justice statistics showed the age-adjusted, serious violent crime victimization rate for persons with disabilities was triple the rate for those without disabilities.

According to the NCEA, National Ombudsman Reporting System (NORS) data showed 14,258 of approximately 188,599 complaints reported to Ombudsman programs involved abuse, gross neglect, or exploitation.

How to Report Nursing Home Abuse

The South Carolina Lieutenant Governor’s Office on Aging operates the Long-Term Care Ombudsman program. Long Term Care Ombudsmen resolve complaints made by or for residents of long-term care facilities in matters relating to violations of rights and abuse, neglect, or exploitation, in addition to other issues.

You should take preventative measures when you suspect abuse. The South Carolina Department of Health and Environmental Control (DHEC) states that complaints concerning abuse, including physical, sexual, emotional, and financial abuse, as well as neglect, should be made directly to the Lieutenant Governor’s Office on Aging.

If you suspect abuse or neglect in a long-term care facility, you should call the Long-Term Care Ombudsman at 1-800-868-9095. The Long-Term Care Ombudsman states that it investigates over 8,000 complaints annually.

Compensation Available in a South Carolina Nursing Home Abuse Case

A successful nursing home abuse claim in South Carolina can recover two primary categories of damages: 

Economic Damages — These cover the measurable financial costs caused by the abuse, including:

• Emergency medical treatment and hospitalization
• Surgery, rehabilitation, and long-term care costs
• Medical equipment and in-home care are required because of the abuse
• Relocation costs to move your loved one to a safer facility

Non-Economic Damages — These compensate for the human cost of the abuse, including:

• Physical pain and suffering
• Emotional distress and psychological trauma
• Loss of dignity and loss of enjoyment of life
• Humiliation and the violation of personal autonomy

Punitive Damages — In cases where the nursing home’s conduct was especially reckless, willful, or wanton — for example, a pattern of documented abuse that management ignored, or a facility that repeatedly understaffed despite formal warnings, punitive damages may also be awarded. Under SC Code § 15-32-530, these are capped at three times compensatory damages or $500,000, whichever is greater.

Wrongful Death Damages — When nursing home neglect or abuse causes a resident’s death, surviving family members may bring a wrongful death action under SC Code § 15-51-10. Recoverable damages include funeral and burial costs, the deceased’s pain and suffering before death, and the family’s loss of companionship. The wrongful death deadline is three years from the date of death.

How Stewart Law Offices Can Help

Stewart Law Offices can immediately start an independent investigation of your loved one’s nursing home abuse. We can work to uncover the cause of their injuries, collect the necessary evidence, and identify the liable parties.

Our firm is familiar with the challenges involved in investigating a nursing home abuse case. We know how to handle the obstacles that nursing homes may present to avoid liability. We are prepared to diligently work to identify the parties responsible for the abuse of your loved one and fight to hold them accountable.

Our legal team includes Tyler Bathrick, a South Carolina Bar licensed personal injury attorney with more than 19 years of experience advocating for vulnerable victims and their families in complex abuse cases and personal injury claims.

Was your loved one the victim of abuse or neglect at a nursing home or assisted living facility in South Carolina? Do not wait to contact a South Carolina personal injury lawyer. We have office locations in Beaufort, Columbia, Rock Hill, Spartanburg, and Lexington.

Stewart Law Offices is ready to help you and your loved one now. Call us or contact us online to schedule a free consultation to evaluate your case.