Frequently Asked Questions About Nursing Home Neglect in South Carolina

As our attorneys represent victims of abuse and neglect in nursing homes in Columbia and neighboring communities, we find that many nursing home residents have the same questions about their rights and treatment in South Carolina nursing homes and long-term care facilities. Below are answers to some of the questions our lawyers encounter most frequently. If you have other questions, or if you need immediate assistance in a case of nursing home neglect or abuse, please give us a call at 803-788-4370, or contact us online for a free consultation. Your call is confidential and does not obligate you to use our services.

Can nursing homes put their patients in restraints?

Restraints can only be used pursuant to a doctor’s written orders to treat a resident’s medical symptoms and ensure the resident’s own safety and the safety of others. This includes physical restraints as well as chemical restraints (psychopharmacologic medication). Restraints which are used for discipline or punishment, or for the convenience of the staff rather than the well-being of the resident, are unlawful and likely are amount to abuse or neglect.

I feel like I need to report abuse or neglect, but I’m afraid of retaliation from the staff.

Your rights as a nursing home resident under state and federal law include the right to privacy in personal visits, written communications and telephone conversations. The nursing home is also required to permit visits from your relatives or others with your consent. You should not be afraid to request your rights to privacy or to have visitors; these are reasonable requests and there is no reason for the nursing home be suspicious of such a request. If you choose to contact an attorney, remember that all your communications with your lawyer are confidential and cannot be shared with others against your wishes.

What do I do if I have been the victim of nursing home abuse or neglect?

If you have a concern with the quality of your care or a dispute with another resident or the staff or administration at the nursing home, you may want to contact the long term care ombudsman. This office works to investigate and resolve residents’ complaints. However, if the issue is more serious, such as a case of abuse or neglect, consider filing a complaint with DHEC or directly to the Lieutenant Governor’s Office on Aging. However, while these offices may be authorized to investigate and handle complaints of abuse, they may not act swiftly enough to meet your needs. For immediate assistance, contact an experienced nursing home abuse and neglect attorney who can take action right away to stop and prevent abuse. In Lexington, Richland and Kershaw counties, contact Peake & Fowler in Columbia for help.