South Carolina – March 8, 2021

Bedsores can cause minor irritation to nursing home residents, and in some cases, result in dangerous health complications.  They are preventable if nursing home staff gives residents appropriate care.  When bedsores develop, or get worse, it may indicate that negligence, or inadequate care is endangering a resident’s well-being and safety. Contact an experienced nursing home attorney if you believe the shortages in nursing home staff has caused harm to a resident loved one.

Claims against bedsores.

Residents, or loved ones who want to make a claim for staff negligence leading to a bedsore can take actions to strengthen their allegation.

  • Take pictures of the lesions, and dates of each to see if they are becoming worse,
  • Hire private duty nurses to monitor the care, or make sure bedsores are being attended to,
  • Request performance reports of staff involved in loved one’s care,
  • Research complaints against staff, administration, or the nursing home itself.
  • Request copies of citations, reprimands, warnings, or documented violations against negligent care.

Resident Bill of Rights.

Nursing home residents have rights under federal and state law, and attorneys at McDougall Law Firm can support those rights in legal actions necessary for families and individuals who have been subject to subpar standards of care or deviations from the resident’s bill of rights.  The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987 outlines residential rights to protect the approximately 1.3 million Americans living in nursing homes and long-term care facilities from nursing home abuse.  Complaints can be made against a Nursing Home, or any other Medicare Certified healthcare facility by contacting the Bureau of Certification Complaint Hot Line at 1-800-922-6735..

Standard of care.

When sub-standard care results in harm to a resident, or outright abuse occurs, legal action may be taken against a nursing home and/or the treating medical professional, or nurse because acts of negligence that cause, or exacerbate existing health conditions, or place residents in danger are deviations from NHRA  rights.  It may be time to consult with a competent South Carolina attorney, who is knowledgeable about elder law protections when a resident, or loved one wants to make a formal complaint against a nursing home nurse.

South Carolina laws.

South Carolina nursing home facilities have standard operating procedures requiring administrative personnel to protect residents.  If residents suffer harm directly related to a negative nursing home encounter that exacerbated an existing health condition, or placed them in danger, a skilled lawyer can identify the appropriate legal cause of action supporting a duty of care outlined in the Resident Bill of Rights set for by the South Carolina Omnibus Adult Protection Act.

Talk to a lawyer.

Contact an experienced attorney at the McDougall Law Firm if you, or a loved one suffered injury, or advanced health complications caused by bedsores and unsafe nursing home practices, including neglect.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.

https://scdhec.gov/health-regulation/health-facility-regulations-licensing-con/medicaid-medicare-certification-1

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

https://www.scstatehouse.gov/code/t44c070.php

https://www.scstatehouse.gov/code/t43c035.php

 

 

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