South Carolina Nursing Home Attorneys – Fatalities Due to Neglect

Lawyers for Nursing Home Neglect and Abuse Cases in Charleston, Columbia and Throughout the State

In South Carolina, the reality of nursing home care is alarming, with 189 facilities statewide and a striking 67 of those cited for serious deficiencies. Every year, countless older adults face neglect and exploitation within these homes. 

According to a 2023 South Carolina Daily Gazette report, South Carolina was ranked the worst state in having enough nursing home inspectors. Typical complaints of neglect included a lack of receiving medication, meals, and repositioning. PruittHealth has two locations that have made the top list for nursing homes with the most fines received in the state. 

When neglect leads to death, families deserve to seek justice for their loved ones. A Charleston nursing home neglect attorney can help you advocate for your loved one’s rights and ensure that such tragedies are addressed. Contact a South Carolina nursing home neglect attorney at the Steinberg Law Firm at (843) 720-2800 to discuss your wrongful death claim.

Rates of Nursing Home Neglect in South Carolina

Nursing home neglect in South Carolina is a pressing issue, with alarming rates that demand attention. Research reveals that physical abuse occurs in 2.1% of cases, while sexual abuse is reported at a rate of 0.3%. Furthermore, 5.4% of older adults in nursing care face potential neglect, and 6.6% experience financial exploitation by family members.

What is Nursing Home Neglect?

Under South Carolina law, nursing home neglect is a failure to provide necessary care, resulting in harm or the risk of harm to residents. This neglect can be seen in various forms:

• Inadequate provision of food, water, or hygiene.
• Neglecting medical needs or medication management.
• Failing to offer necessary personal care or assistance.

The World Health Organization points out neglect as one of the top five abuse types, with a higher occurrence rate in long-term care facilities. Neglect can be both intentional and unintentional, manifesting as:

●  Active Neglect, which can happen when a staff member deliberately withholds care and essentials from a nursing home resident. 

●  Passive Neglect, involves unintentionally failing to provide care due to a lack of knowledge, experience, or ability.

According to Stateline, South Carolina was ranked as the worst state for having enough nursing home inspectors. A shortage of inspectors means that nursing home facilities are not properly monitored, which can allow neglect issues to continue for months before they are addressed. These actions can significantly impact the health and dignity of nursing home residents and, unfortunately, lead to a wrongful death.  

Common Examples of Neglect by South Carolina Nursing Home Staff

Nursing home residents may suffer from malnutrition, dehydration, untreated medical conditions, poor hygiene, and a lack of social interaction and stimulation.

Types of staff members who may be responsible for nursing home neglect include the following:

On-Site Nurses

Registered nurses and certified nurse aids who fail to provide adequate medical care, medication management, or daily living assistance may cause a resident to have a serious injury that leads to death. 

Nursing Home Caregivers

Caregivers are typically responsible for the personal care and daily activities of residents. However, they may neglect their residents due to understaffing or inadequate training. This can raise questions about a nursing home facility’s commitment to resident safety. 

Administrative Staff Members

Managers and administrators may not adequately oversee operations or address staffing and training deficiencies. Housekeeping and maintenance workers may also poorly execute their job duties and create a dangerous environment for their residents. 

Examples of overlooking one’s job duties can include not cleaning up meal trays in a timely manner, leaving a resident alone for too long that they wander from their room or off the premises, or not giving essential medication to a resident.

How Does South Carolina Nursing Home Neglect Lead to Death

Residents often have complex care needs due to:

• Physical and cognitive decline;
• Increased reliance on care providers; and
• Greater risk of abuse and neglect associated with functional impairment and poor health.

Fatal outcomes in nursing homes due to neglect can result from:

• Medical neglect, which includes ignoring or inadequately addressing medical issues that can lead to deteriorating health conditions and death.
• Nutritional neglect, involving the failure to provide adequate nutrition, can result in malnutrition and weaken a resident’s health.
• Neglect of basic needs, which involves overlooking daily living assistance needs like hygiene and mobility. This can lead to severe infections or injuries that can lead to death. 

Neglect in nursing homes is often underreported because many residents fear retaliation and rely on their caregivers. The Charleston nursing home neglect lawyers at Steinberg Law Firm are here to help tackle the grim reality families may face. 

How to Hold a South Carolina Nursing Home Staff Member Liable for Neglect

To hold a nursing home liable, individuals must navigate the legal process, which can lead to pursuing a wrongful death claim. An experienced attorney can help you understand the steps to take based on your unique situation. 

Gather Evidence

Collect medical records, photographs of the conditions or injuries, and witness statements to build a strong case. Review the details of the neglect, including dates, times, and the nature of the neglectful actions or omissions.

Seek Legal Counsel

In South Carolina, a wrongful death claim must be brought by the executor or administrator of the deceased victim’s estate within three years of their death. If you lost a loved one who was residing at a local nursing home, consult with an experienced nursing home neglect attorney. Your attorney will analyze the details and build a strong case on your behalf. 

File A Lawsuit

There are deadlines and paperwork that must be completed, which is why it’s best to discuss the details of your case with our team of attorneys at the Steinberg Law Firm. While every case is unique, families may be able to recover for the following through a wrongful death claim:

• Funeral and burial expenses
• Mental anguish
• Loss of support 
• Loss of companionship

Negotiate A Settlement or Go to Trial

Many cases settle out of court, but some may proceed to trial. Your nursing home neglect lawyer will negotiate on your behalf and represent you in court to achieve the best possible outcome. Our firm stands ready to support and guide individuals and families affected by nursing home neglect.

Have You Lost a Family Member as the Result of a Negligent South Carolina Nursing Home Facility?

If your family recently experienced the tragic loss of a loved one in a South Carolina nursing home, it may have been due to the facility’s negligence. Cases of nursing home neglect can be difficult to discern; however, the experienced Charleston nursing home neglect lawyers at the Steinberg Law Firm are well-equipped to investigate your family member’s death and advise you on your options. For more than 95 years, the wrongful death attorneys at the Steinberg Law Firm have provided grieving families with compassionate representation designed to connect them with compensation for their losses. We provide free consultations to all prospective clients and will not bill you for our legal services unless we can win your case, either through a jury verdict or a favorable settlement. To learn more, contact the Steinberg Law Firm at (843) 720-2800 or through our secure online contact form.