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South Carolina Nursing Home Neglect Lawyer
When a family member enters a nursing home, they are placing their trust in a facility to provide safe, adequate, dignified care. Unfortunately, nursing home neglect is one of the most common forms of elder abuse in the United States, and South Carolina residents are not immune when that trust is broken.
If your loved one has suffered harm because a nursing home or assisted living facility failed in its duty of care, a South Carolina nursing home neglect lawyer at McGowan, Hood, Felder & Phillips can fight to hold those responsible accountable. Our firm has more than 100 years of combined legal experience and a record of standing up for nursing home residents and their families across all 46 South Carolina counties.
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When You May Need a Nursing Home Neglect Lawyer
Nursing home neglect differs from outright physical abuse, but its consequences can be just as serious. Neglect occurs when a facility or staff member fails to provide the level of care that residents are entitled to under state and federal law. This can mean failing to reposition a bedridden resident to prevent pressure sores, leaving a resident without proper nutrition or hydration, or failing to respond to a documented fall risk.
Many victims of nursing home neglect cannot communicate what is happening to them, so family members should know how to recognize the warning signs early. If you suspect your loved one has been neglected in a nursing home or assisted living facility, contacting a South Carolina nursing home neglect lawyer is an important first step.
What Nursing Home Neglect Looks Like
Common types of nursing home abuse and neglect include:
- Medical neglect: failure to monitor, treat, or document a resident's health conditions, including infections, wound care, and medication management
- Nutritional neglect: failure to provide adequate food, fluids, and eating assistance, leading to malnutrition and dehydration
- Hygiene neglect: failure to assist residents with bathing, oral care, grooming, and laundry
- Environmental neglect: allowing a resident's living space to become unsanitary or unsafe
- Supervisory neglect: failing to provide adequate oversight for residents at risk for wandering, falls, or self-harm
Pressure sores, also known as bedsores or decubitus ulcers, are one of the most common and preventable consequences of nursing home neglect. When staff fail to reposition residents at regular intervals, sustained pressure cuts off circulation and causes skin and underlying tissue to break down. Advanced pressure sores can reach muscle and bone and become life-threatening if untreated.
What Are the Warning Signs of Nursing Home Neglect?
Family members are often the first to notice that something is wrong. The following signs of nursing home abuse and neglect should prompt immediate concern:
- Unexplained weight loss or visible signs of dehydration
- Pressure sores, skin infections, poorly treated wounds
- Recurring falls or unexplained bruises, cuts, or fractures
- Poor personal hygiene (unwashed hair, soiled clothing, strong body odor, etc.)
- Unsanitary or hazardous living conditions
- Withdrawal, depression, or sudden behavioral changes
- Fear or anxiety around staff members, or reluctance to speak in their presence
If you observe any of these signs, document what you see, including dates, times, photographs, and the names of staff members present, and remove your loved one from harm as quickly as circumstances allow. Then contact our firm.
Who Can Be Held Liable for Nursing Home Neglect in South Carolina?
Responsibility for nursing home neglect can extend beyond the individual staff member who provided substandard care. The facility itself may be liable for chronic understaffing or inadequate training, or even failure to supervise care. Corporate owners and management companies that prioritize cost-cutting over resident welfare can be held accountable alongside the facility.
To establish a viable nursing home negligence claim, four elements must be demonstrated: that the facility owed the resident a duty of care, that the facility breached that duty, that the breach caused actual harm, and that the harm resulted in measurable damages. The attorneys at McGowan, Hood, Felder & Phillips know how to build that case, reviewing care plans, staffing records, incident reports, and medical timelines to show exactly where the facility fell short and what it cost your loved one.
South Carolina Laws Protecting Nursing Home Residents
Nursing home residents in South Carolina are protected by both federal and state law. At the federal level, the Nursing Home Reform Act of 1987 establishes baseline standards of care for facilities participating in Medicare and Medicaid, including residents' rights to adequate medical care, freedom from abuse and neglect, and dignified treatment.
South Carolina has enacted its own Bill of Rights for Residents of Long-Term Care Facilities, which gives nursing home residents the right to choose their attending physician, participate in decisions about their care, voice grievances without fear of retaliation, and receive written notice of their rights and the facility's policies at the time of admission.
Compensation a Nursing Home Neglect Lawyer Can Pursue
A victim of nursing home abuse and neglect may be entitled to significant compensation depending on the nature and severity of the harm. A South Carolina nursing home neglect lawyer at our firm will evaluate every applicable category of damages, including:
- Medical expenses related to treating neglect-related injuries, hospitalization, wound care, and rehabilitation
- Pain and suffering endured by the resident as a result of the neglect
- Emotional distress, including anxiety, depression, and loss of dignity
- Costs of relocating the resident to a safer facility
- Wrongful death damages when neglect contributes to a resident's death, including funeral costs and loss of companionship for surviving family members
Our firm's results in South Carolina nursing home cases include an $865,000 settlement for a resident who died from dehydration and malnutrition, a $600,000 settlement for an Alzheimer's patient who developed bed sores and severe malnutrition, and a $350,000 settlement for a resident with severe decubitus ulcers.
Common Nursing Home Defenses and How We Counter Them
Nursing homes and their insurers do not give up compensation easily. When a neglect claim is filed, facilities routinely deploy the same defenses to minimize or deny liability. Families deserve to know what to expect and how we respond. Here are a few common arguments we see:
"The injuries were caused by the resident's pre-existing condition."
Facilities argue that infections and weight loss were inevitable given a resident's underlying health rather than a failure of care. We counter this by reviewing admission records and care plans to establish the resident's baseline condition, then tracing the progression of harm through medical records and expert analysis. A resident who enters without pressure sores should not develop stage IV wounds during a short stay.
"The resident contributed to their own injury."
Facilities sometimes claim a resident's behavior– for example refusing repositioning or walking unassisted– caused or contributed to the injury. We investigate whether the facility had a care plan to manage that behavior and whether staff followed it. Facilities are required to work around a resident's limitations, not simply document them.
"We were understaffed through no fault of our own."
Staffing shortages do not relieve a facility of its duty to provide adequate care. We examine hiring records, staffing logs, timecards and more to determine whether the facility knowingly operated below safe staffing levels. We also investigate whether corporate budget decisions drove the chronic understaffing that caused residents to suffer preventable harm.
Why Choose McGowan, Hood, Felder & Phillips as Your Nursing Home Neglect Lawyer
Nursing home negligence cases are some of the most complex in personal injury law. They require thorough investigation, expert testimony, command of state and federal regulatory standards, and the willingness to stand up against well-funded nursing home corporations and their insurers. Our nursing home neglect attorneys at McGowan, Hood, Felder & Phillips are built for exactly that fight.
Our attorneys know how to obtain and analyze the records that nursing homes do not voluntarily produce, such as staffing logs, incident reports, regulatory inspection files, and corporate communications that reveal what management knew and when. We work with medical experts who can speak to the standard of care in nursing facilities and explain to a jury exactly where it was violated. When we accept a case, we prepare it as trial counsel from the first day, because that posture changes every negotiation. This means that when a fair resolution is not offered, we are ready to take the fight to a jury.
Our firm has handled nursing home neglect lawsuits across South Carolina for decades. We serve families throughout South Carolina from offices in Rock Hill, Columbia, Charleston, Greenville, and Myrtle Beach.
Speak With a South Carolina Nursing Home Neglect Lawyer Today
If you believe a family member has been neglected in a nursing home or assisted living facility, do not wait. Evidence can disappear and records altered, all while the clock is ticking on legal deadlines.
The South Carolina nursing home neglect lawyers at McGowan, Hood, Felder & Phillips are ready to investigate your case and explain your options, fighting for the justice your loved one deserves. Every client works directly with a nursing home attorney who knows their matter inside and out.
Contact our firm today for a free, confidential case evaluation. Phones are answered 24 hours a day, 7 days a week.
