South Carolina – March 3, 2021

As a Veteran, individuals may be able to get assisted living, residential, or home health care through the Veterans Administration (VA).  In South Carolina there are approximately 400,000 state resident veterans, but there are only 530 state funded beds available at nursing home facilities.  According to a South Carolina Division of Veterans’ Affairs, there is a chronic waiting list of the VA’s nursing homes.  A new facility has a planned opening for Spring of 2021 and should address the shortage of available beds.  An experienced nursing home abuse attorney in South Carolina can assist individuals who have experienced negligence, or abuse against the protections outlined in The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987.

Available South Carolina VA facilities.

South Carolina has three VA nursing home facilities and is in the process of building several more.  Admission to these facilities has limitations surrounding veteran status after being separated from the U.S. Armed Forces.  When residents suffer harm directly related to a negative nursing home encounter, whether it is due to negligence, or abuse, exacerbating an existing health condition, or placing them in direct danger, a skilled nursing home abuse lawyer can help.

Liability.

A nursing home facility can be held liable for any personal injury, or neglect causing harm to a resident, or patient in their care.  Abuse can occur through deliberate actions to cause bodily injury, emotional abuse, exploitation, and sexual abuse, along with neglectful treatment leading to resident harms.  A licensed provider’s negligence may have occurred through:

  • negligent hiring,
  • understaffing,
  • breach of regulatory obligations to guidelines,
  • insufficient employee training, or
  • errors in treatment, or medication dispensing.

 A nursing home abuse attorney can give concerned individuals some guidance on legal action against abuse, or neglect.

Damages.

Residents who experience abuse, or neglect in a VA nursing home facility may be able to recover damages that include:

  • Medical expenses when the actions of nursing home personnel leave a resident with the need for increased medical care, or long term future care costs.
  • Pain and suffering related to emotional, sexual, or physical abuse that has lasting consequences. Physical and emotional may warrant compensation.
  • Non-economic damages when it can be proven that actions by residential care personnel negatively and permanently affect a victim’s quality of life.
  • Funeral and burial expenses when a resident dies because of neglect, or abuse in a nursing home facility. 

Seek legal counsel.

Contact an experienced attorney at the McDougall Law Firm if you, or a loved one suffered injury, or any type of abuse because of negative nursing home practices, inadequate precautions, neglect, or forced treatment modalities.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

 

Sources.

https://www.postandcourier.com/news/south-carolinas-veterans-nursing-home-bed-shortage-approaches-4-000/article_adb1b9d8-e1a3-11e6-9e81-9b5750ea1171.html

https://www.congress.gov/bill/100th-congress/house-bill/3545/titles

https://aging.sc.gov/

https://www.va.gov/health-care/about-va-health-benefits/long-term-care/

https://ncea.acl.gov/

https://www.scdhec.gov/sites/default/files/Library/Regulations/R.61-17.pdfd

 

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