South Carolina – December 27, 2021

Nursing home and other long-term care facilities in South Carolina have a specific Bill of Rights that all residential facilities must operate under, outlined in Title 44 of South Carolina Code, and referred to as the “Bill of Rights for Residents of Long-Term Care Facilities.”  Overarching protections are outlined in  The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 providing the specific duty of care recommended for residents of long term living. Individuals who believe that a nursing home is not treating its residents with quality care and respect according to the new guidelines of the Centers for Medicare and Medicaid should contact a nursing home attorney to communicate the concerns on a resident’s behalf when negligence, or abuse is suspected.


As per the United States Code of Federal Regulations, a nursing home facility must make assurances that a resident who is continent upon admission to a long term facility receives services to maintain that status unless a clinical condition changes, resulting in incontinence.  Under 42 Code of Federal Regulations, Part 483.25(e) there are provisions for residents who are continent of urine on admission to receive service to maintain their continence, and if a resident become incontinent, they should not be catheterized unless it is necessary.  A resident who enters a facility with a catheter or receives one thereafter should be assessed for removal as soon as possible unless the catheterization is necessary; and the resident must receive treatment and services necessary to prevent urinary tract infections and restore normal function.

Use of catheter dangers.

Catheters, specifically indwelling catheterization is discouraged in nursing homes due to the dangers caused to the health of a nursing home resident.  Catheter placement can be uncomfortable, and result in injury or infection, endangering the overall health of a nursing home resident.  Negative outcomes that may occur with the use of a catheter include catheter placement or removal injury that can cause devasting and lasting injury to the urinary tract.  Urinary tract infections may occur from a failure to maintain the catheter, and sepsis could result in severe situations causing mental status changes, weakness, and the need for hospitalization, and in rare cases, death may occur from full blown infection.  Family members who are concerned with the use of a foley catheter leading to multiple infections should contact an experienced nursing home attorney for guidance on next steps to correct the negative interactions of staff members.

Seek legal counsel.

When sub-standard care causes a resident to become depressed, suffer bodily injury, lose weight, and become nutritionally compromised, it may be accidental negligence due to staff, or supply shortages, or it may be considered abuse.  Legal action may be taken against a nursing home and/or the treating medical professional because acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger are deviations from the Nursing Home Reform Act  rights.  Call an experienced attorney at the McDougall Law Offices, to discuss concerns if you believe a loved one is being mistreated at a nursing home in South Carolina.


McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000






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