Protect your loved ones from abuse and neglect
Your loved ones are protected by the South Carolina Code of Laws, Title 44, “Bill of Rights for Residents of Long-Term Care Facilities”, from abuse and neglect at that hands of those you trust with caring for them. Sadly, abuse and neglect among our elders is not an uncommon occurrence and often goes undetected. Abuse can take many forms including a failure to provide the minimum standard of care and physical assault. Those most susceptible to abuse and neglect are those that cannot defend themselves such as those with diminished congestive abilities such as dementia or other physical or psychological disabilities. In a survey conducted by the National Center on Elder Abuse, it was reported that elders who had experienced abuse had a likelihood of death three times that of someone who had not been the victim of abuse.
Know the signs of abuse
- Unexpected, sudden death
- Infected bedsores or pressure ulcers
- Unexplained bruising or injury
- Unexpected falls
- Unusual confusion
- Frequent crying
- Agitation, withdrawal or fear
- Malnutrition or dehydration
Residents’ rights
Residents’ Rights are guaranteed by the federal 1987 Nursing Home Reform Law and S.C. Code Ann. § 44-81-20. These laws require that Long-Term Care facilities “promote and protect the rights of each resident” and place a strong emphasis on individual dignity and self-determination. A person living in a Long Term Care facility maintains the same rights as an individual living in the community.12
All facilities are required to provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care. The family should monitor and provide input into the plan of care for. Monitoring medications prescribed for the patient is crucial. The facility must give each resident or the resident’s representative a written and oral explanation of the rights, grievance procedures, and enforcement provisions before or at the time of admission. An understanding of these rights by either the resident or a family member can help protect a resident from inappropriate treatment or a wrongful discharge.
If you feel your loved one has suffered abuse or neglect at the hands of their protectors, call the J. Brooks Davis Law Firm at 843-225-2255 or contact the firm online to schedule your free consultation.