There are many layers of legal protection over residents of nursing homes and other long term care facilities. Both the Federal Nursing Home Reform Law of 1987 and the South Carolina Bill of Rights for Residents of Long-Term Care Nursing Homes work together to ensure that nursing home residents are protected under the law from abuse and neglect. If you need a South Carolina nursing home abuse lawyer, talk to attorney Andy Arnold. The law is on the side of the victims.
Abuse or neglect that creates an immediate threat to a loved one’s health should be reported immediately. Call 911. If emergency treatment is not required, talk to your loved one. They may be reluctant or embarrassed, but encourage them to be open. If you see signs of neglect – physical, psychological, gross neglect, financial abuse, sexual abuse – document everything you see.
South Carolina Law
It is a crime in South Carolina to abuse or neglect any vulnerable adult, such as a resident in a nursing home. The state ombudsman office is charged with investigating any and all allegations of nursing home abuse. Individuals or companies can be charged with abuse by state law enforcement.
South Carolina law also provides remedies for victims of abuse or neglect. Residents or their families are entitled to compensation for wrongful medical bills, pain and suffering, wrongful death, and physical injuries suffered at the hands of nursing home staff.
Federal laws require nursing homes to protect the rights of their residents, and also have the benefit of controlling access to Medicare and Medicaid programs. In order to qualify for funding from these programs, nursing homes must exhibit several different qualities, including:
- Accommodation of needs
- Individual care plans for each residents
- Choice of physician and the ability for residents to participate in their own care
- Maintenance of resident dignity
- Exercise of all rights
- Ability to voice grievances without fear of reprisal
- And many more
Hiring a South Carolina Nursing Home Abuse Lawyer
Federal and South Carolina laws are in place to protect nursing home residents from neglect and abuse. However, proving those laws have been violated requires a knowledgeable South Carolina nursing home abuse lawyer. Contact the Law Firm of W. Andrew Arnold at 864-242-4800 for a consultation.