In South Carolina, are Persons Living in Nursing Homes Protected under Law?

Yes, South Carolina law provides several layers of protection for nursing home residents. If you suspect a facility is mistreating your loved one, contact the Shelly Leeke Law Firm to speak with a Charleston nursing home abuse lawyer immediately to protect their rights and halt the abuse. The Omnibus Adult Protection Act protects vulnerable adults, and it states that a resident of a facility is a vulnerable adult. The Act:

• Requires many professionals, caregivers, and facility staff to report suspected abuse, neglect, or exploitation.
• Sets criminal penalties for knowingly failing to report.
• Sets separate, more serious penalties for knowingly abusing, neglecting, or exploiting a vulnerable adult.

These protections work alongside state oversight of facilities and, in facilities certified for Medicare or Medicaid, federal resident rights requirements. Injured residents and their families may also have a civil claim.

So, are nursing home residents protected under the law in South Carolina? Yes, but what consequences and remedies apply depends on the facts. A South Carolina nursing home abuse lawyer can help a family understand the options.

What Is the South Carolina Omnibus Adult Protection Act for Persons Living in Nursing Homes?

The Omnibus Adult Protection Act is found at S.C. Code Title 43, Chapter 35. When exploring a South Carolina Omnibus Adult Protection Act claim, it is important to know that it is not limited to nursing homes. It protects any vulnerable adult, defined as a person 18 or older whose physical or mental condition substantially impairs their ability to provide for their own care or protection, including because of the infirmities of aging. The definition expressly adds that a resident of a facility is a vulnerable adult.

The Act defines abuse, neglect, and exploitation, assigns investigative agencies, and sets reporting duties and penalties.

What Are Nursing Homes and Their Staff Required to Report?

Under S.C. Code 43-35-25(A), a long list of people must report when they have reason to believe a vulnerable adult has been or is likely to be abused, neglected, or exploited. The list includes:

• Physicians, nurses, and other medical, mental health, and allied health professionals.
• Caregivers.
• Staff or volunteers of a facility.
• Social workers and law enforcement officers.

Anyone else who has actual knowledge of abuse, neglect, or exploitation must also report. A person required to report is personally responsible for making the report. The report generally must be made within 24 hours or the next working day. Which agency receives it depends on the setting, as explained in our FAQ on whether you need to file a lawsuit if your family member has been abused.

What Happens If Someone Fails to Report Suspected Abuse?

Not every missed report results in a fine. Under 43-35-85(A), a person required to report who knowingly and wilfully fails to report abuse, neglect, or exploitation is guilty of a misdemeanor. 

Upon conviction, the person must be fined not more than $2,500 or imprisoned not more than one year. The penalty depends on a knowing and willful failure and a conviction. If a facility administrator covered up severe neglect, a North Charleston facility abuse lawyer can help uncover the concealed internal records.

What Penalties Can Apply for Abuse, Neglect, or Exploitation?

Section 43-35-85 sets tiers based on the conduct and harm. For knowing and wilful conduct:

• Abuse or neglect: a felony, punishable by up to five years in prison.
• Abuse or neglect resulting in great bodily injury: a felony, punishable by up to 15 years.
• Abuse or neglect resulting in death: a felony, punishable by up to 30 years.
• Exploitation: a felony, a fine of up to $5,000, imprisonment of up to five years, or both, and the court may order restitution.

These strict S.C. Code 43-35-85 criminal penalties exist to deter caregivers from taking advantage of the elderly. Threatening or intimidating a vulnerable adult, a witness, or anyone cooperating with an investigation is a separate misdemeanor. 

These penalties apply only upon conviction, and whether charges are brought depends on the evidence and the prosecutors. A Greenville senior care exploitation attorney knows that, separately, 43-35-80 allows the Attorney General, on referral, to pursue a civil action and fine against a person or facility for failure to exercise reasonable care, in addition to regulatory penalties and private claims.

Does South Carolina Regulate Nursing Home Facilities Directly?

Yes. Nursing homes are licensed and inspected by the state. The South Carolina Department of Public Health oversees licensed health care facilities and accepts complaints about them at 1 800 922 6735. Licensing standards, inspections, and complaint investigations are a separate layer of protection from the criminal provisions above. If a facility violates these standards, submitting South Carolina Department of Public Health complaints is a critical first step.

Are There Federal Protections for Nursing Home Residents Too?

Yes. Nursing homes that participate in Medicare or Medicaid must meet federal requirements set and enforced through the Centers for Medicare & Medicaid Services (CMS). These include resident rights such as dignity, freedom from abuse and neglect, and the ability to voice grievances. Many South Carolina nursing homes are certified, so residents often have both state and federal protections.

What Can a Family Do If They Suspect Abuse or Neglect?

For the differences between reporting, an agency investigation, and a lawsuit, see our detailed FAQ on what families should know before filing a lawsuit.

• In an emergency, a serious injury, or a suspected sexual assault, call 911 first.
• For most nursing homes and similar facilities, contact the Long Term Care Ombudsman Program at 1 800 868 9095.
• To complain about a licensed facility, contact the Department of Public Health at 1 800 922 6735.
• Write down what you saw, with dates, and take photos if appropriate.
• Keep copies of medical records and any communications with the facility.

Can a Family Pursue a Civil Claim in Addition to Reporting?

In appropriate circumstances, yes. The Adult Protection Act expressly recognizes that a private civil cause of action may be brought in addition to regulatory and criminal consequences (43 35 80). Seeking Richland County vulnerable adult protection via a lawsuit ensures the victim is financially compensated for their suffering. 

A civil claim is separate from a three-year investigation or a prosecution, and it has its own deadlines. Under the S.C. Code 15-3-530 statute of limitations, families typically have a rigid three-year window to file. Our lawsuit FAQ explains these in more detail.

How Can a South Carolina Nursing Home Abuse Lawyer Help?

A South Carolina nursing home abuse lawyer can:

• Help your family understand how the reporting and regulatory systems apply.
• Obtain and review records.
• Evaluate whether a civil claim may be appropriate.
• Track deadlines.

If a fair settlement cannot be reached, your attorney will officially file the civil lawsuit at the Ninth Judicial Circuit Charleston County Court of Common Pleas or the applicable local venue. No lawyer can guarantee a particular regulatory or legal outcome.

Talk to Shelly Leeke Law Firm About Nursing Home Resident Protections

If you are worried about a loved one care, request a free consultation with Shelly Leeke Law Firm or call (843) 604-3273. Let a compassionate Mount Pleasant elder neglect attorney at Shelly Leeke Law Firm Charleston review your case confidentially today.