South Carolina – March 14, 2021

A controversial article identifying the rating system for America’s nursing home patients proves that inadequate reporting may fail those who are seeking safe and quality care for loved ones who must be moved to long term resident facilities in South Carolina.  The Centers for Medicare and Medicaid (CMS) developed a rating system in 2008 to assist families of loved ones making emotional decisions regarding care using a simple star rating, with ”1” being the worst and “5” being the best,  allowing objectivity for those who will be making quality of care choices for their loved ones.  Staff shortages and inadequate supplies still plague some South Carolina facilities, negatively impacting nursing home resident safety. Contact an experienced nursing home attorney if shortages in nursing home staff caused harm to a resident loved one.

Standard of care.

The CMS enhanced the rating system in 2019 to increase transparency for those who are concerned about the standard of care offered at nursing homes in the United States. The enhancement requires facilities to be listed if they have been cited on inspection reports for one, or both of the following: 1) abuse that led to harm of a resident within the past year; and 2) abuse that could have potentially led to harm of a resident in each of the last two years. Consultation with a competent South Carolina attorney, who is knowledgeable about elder law protections may be beneficial, when a resident, or loved one wants to make a formal complaint against a nursing home nurse after sub-standard care results in harm to a resident.

Resident bill of rights.

Federal nursing home laws state that residents are entitled to receive:

  • Medically-related social services,
  • Proper health care and dental care,
  • Accurate dispensing, receipt, and administration of medicines,
  • Dietary services that meet daily nutritional needs,
  • Services for mentally ill and special needs residents,
  • Personal, material, and financial privacy when requested,
  • Treatment that does not violate a resident’s personal dignity.

South Carolina law.

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.

Seek legal counsel.

Contact an experienced attorney at the McDougall Law Firm if you, or a loved one suffered injury, or an untimely fatal outcome caused by unsafe nursing home practices, inadequate precautions, and neglect.

McDougall Law Firm, LLC

115 Lady’s Island Commons
Beaufort, SC 29907

Phone: 843.379.7000

Sources.

https://www.cms.gov/newsroom/press-releases/cms-issues-historic-star-quality-rating-system-nursing-homes

https://www.cms.gov/newsroom/press-releases/trump-administration-empowers-nursing-home-patients-residents-families-and-caregivers-enhancing

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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