Charleston Assisted Living Facility Attorney

If your loved one was harmed due to neglect or abuse in a South Carolina assisted living facility, you have the right to pursue compensation and hold the responsible parties accountable. By state law, assisted living facilities across South Carolina are required to provide safe living conditions, adequate personal care, appropriate medical oversight, and an environment free from abuse. When these facilities fail to meet these standards, residents suffer preventable injuries that can permanently affect their health, independence, and quality of life.

South Carolina has over 190 licensed community residential care facilities operating throughout the state, ranging from small residential homes to large, corporate-owned assisted living communities. The South Carolina Department of Health and Environmental Control licenses and inspects these facilities. However, regulatory oversight does not always prevent the neglect and abuse that harms residents. When a facility’s failures injure your loved one, civil legal action is one of the most effective tools available to hold the facility accountable and recover the compensation your family deserves.

Hughey Law Firm represents families throughout Charleston and South Carolina whose loved ones have been harmed by assisted living facility negligence. With over thirty years of experience in elder abuse and care facility claims and over seventy percent of our caseload involving elder abuse, we bring focused and experienced advocacy to every assisted living case we handle.

Call (843) 881-8644 to schedule a free consultation, fill our contact form or connect through live chat to speak with our team.

Charleston Assisted Living Facility Guide

• Types of Assisted Living Facility Claims
• Signs an Assisted Living Facility Is Not Providing Proper Care
• Common Causes of Assisted Living Neglect
• Resident Rights in South Carolina Assisted Living Facilities
• What Families Should Do Immediately After Suspected Neglect
• How to Seek Compensation From a Charleston Assisted Living Facility
• Compensation Available in Assisted Living Facility Cases
• Assisted Living Facilities in the Area
• Frequently Asked Questions

Types of Assisted Living Facility Claims

Assisted living facilities in South Carolina serve residents who need help with daily activities yet still maintain a degree of independence. Their legal duty of care is distinct from, yet equally serious as, that of higher-acuity facilities. The most common types of claims our Charleston assisted living attorneys handle are listed below:

Negligence and Inadequate Care

Negligence in an assisted living facility occurs when the staff fails to provide the level of care that the facility is licensed and required to provide. Examples of negligence include failing to assist with personal care tasks, inadequately managing medication, insufficiently monitoring residents with known health risks, and failing to maintain sanitary living conditions.

Specific examples include poor medication management leading to missed doses or adverse interactions for residents managing chronic conditions such as diabetes, heart disease, or respiratory illness. Negligence also includes chronic dehydration and malnutrition resulting from inadequate meal delivery and hydration monitoring, particularly for residents with dementia who cannot independently request food or water.

Falls and Slip and Fall Injuries

Falls are a leading cause of serious injury among elderly residents of assisted living facilities in South Carolina. These facilities have a legal duty to maintain safe premises, assess residents for fall risk, and implement appropriate supervision and environmental safeguards.

Common causes of preventable falls in assisted living settings include:

• Inadequate supervision of residents at risk of falling
• Failure to use fall prevention protocols
• Poorly maintained flooring
• Unsecured rugs or carpets
• Obstructions in walkways
• Inadequate lighting in common areas and hallways
• Poorly maintained stairs, ramps, and handrails

Serious fall injuries sustained by assisted living residents often include hip fractures, traumatic brain injuries, spinal cord injuries, and severe soft tissue damage. These injuries can permanently alter a resident’s functional capacity and quality of life. The facility that failed to prevent the fall is responsible for all resulting consequences.

Pressure Ulcers and Bed Sores

Pressure ulcers develop when prolonged pressure cuts off blood flow to an area of the skin. For assisted living residents who require assistance with repositioning, the development of pressure ulcers is almost always evidence of inadequate care.

Facilities are required to assess residents for pressure ulcer risk and implement care plans to prevent them. If a facility fails to regularly reposition immobile residents, pressure ulcers can progress from surface-level redness to open wounds that affect deeper tissue. This creates significant pain and a risk of life-threatening infection. A stage 2 or higher pressure ulcer in a resident who did not arrive at the facility with skin breakdown is a serious red flag, warranting immediate medical attention and legal evaluation.

Abuse

Residents of assisted living facilities may experience physical, emotional, sexual, or financial abuse at the hands of staff members or other individuals in positions of trust. 

• Physical abuse includes rough handling, improper use of restraints, and the intentional use of force that causes injury. 
• Emotional abuse includes threats, humiliation, and isolation from family. 
• Financial abuse involves the unauthorized use of a resident’s funds or assets.

Signs an Assisted Living Facility Is Not Providing Proper Care

Families visiting loved ones in assisted living facilities should be on the lookout for the following warning signs during every visit:

• Unexplained physical injuries. 
• Significant unintended weight loss. 
• Poor hygiene or unsanitary conditions. 
• Dehydration symptoms.
• Behavioral changes.
• Staff resistance to private family visits is another sign. 
• Medication errors or missed doses.

Common Causes of Assisted Living Neglect

Most cases of assisted living neglect in South Carolina are not the result of individual bad actors. Rather, it is the predictable result of systemic facility failures.

• The most consistent driver of neglect in South Carolina assisted living facilities is chronic understaffing. When facilities do not maintain adequate staff-to-resident ratios, basic care tasks are often delayed, abbreviated, or skipped entirely.
• Neglect also occurs when employees are placed in direct care roles without the necessary knowledge or supervised experience to manage residents with complex needs due to inadequate staff training.
• High staff turnover disrupts continuity of care, meaning that individual residents’ specific needs, preferences, and documented risks are often unknown to the staff providing their care.
• Corporate cost-cutting at the ownership and management levels produces neglect when budget decisions reduce staffing, supplies, or facility maintenance below the levels required to deliver safe care.
• Failure to implement individual care plans occurs when a facility has documented a resident’s known risks but fails to follow the designed protocols to address them. This failure consistently appears in South Carolina facility inspection deficiency reports.

Resident Rights in South Carolina Assisted Living Facilities

All residents of South Carolina assisted living facilities have legally protected rights under state and federal frameworks.

South Carolina’s Bill of Rights for Residents of Long-Term Care Facilities ensures that assisted living residents are treated with dignity and respect. It also guarantees them the right to be free from abuse and neglect, to have privacy and confidential communication, to manage their own financial affairs, and to voice grievances without fear of retaliation.

According to South Carolina Code of Regulations 61-84, which governs the licensing of community residential care facilities, assisted living facilities must provide residents with adequate nutrition, hydration, personal care, and a safe living environment. Facilities must also maintain adequate staffing levels to meet residents’ assessed needs and maintain current care plans for every resident.

The South Carolina Omnibus Adult Protection Act establishes civil and criminal consequences for the abuse and neglect of vulnerable adults in care settings and sets forth the mandatory reporting obligations that apply to facility staff.

If a facility violates a resident’s legally protected rights and the violation causes harm, there is a direct legal basis for a civil claim, in addition to the underlying negligence theories that govern most assisted living cases.

What Families Should Do Immediately After Suspected Neglect

If you suspect that your loved one is being neglected or abused in a South Carolina assisted living facility, take the following steps as soon as possible:

• Step 1: Address any immediate safety needs.
• Step 2: Document everything you observe. 
• Step 3: Request care records immediately. 
• Step 4: Speak privately with your loved one. 
• Step 5: Notify the facility in writing. 
• Step 6: Report to DHEC. 
• Step 7: Report to Adult Protective Services. 
• Step 8: Contact Hughey Law Firm before speaking with the facility’s insurer.

How to Seek Compensation From a Charleston Assisted Living Facility

Depending on the specific circumstances of the case, multiple parties may bear legal responsibility if your loved one was harmed due to assisted living facility negligence.

The operating facility is primarily liable for its staff’s conduct and systemic failures in care delivery. If a facility relies on outside staffing agencies, those agencies may share liability if they place workers with known deficiency histories or fail to verify credentials. Contractors and vendors whose negligence caused or contributed to harm on the premises of the facility may also be liable in specific circumstances.

At Hughey Law Firm, we investigate every element of the claim from the earliest stage of representation. This includes obtaining and analyzing all facility records, reviewing Department of Health and Environmental Control (DHEC) and Centers for Medicare & Medicaid Services (CMS) inspection history and deficiency citations, retaining appropriate expert witnesses, and sending preservation letters to prevent relevant documentation from being altered or lost.

From the moment we are retained, we handle all communications with the facility, its management, and its insurers, so families can focus on their loved ones rather than managing a complex legal process.

Compensation Available in Assisted Living Facility Cases

According to South Carolina law, victims of assisted living facility negligence and their families can pursue compensation for various types of damages.

• Medical expenses may include emergency care, hospitalization, specialist treatment, wound care, physical therapy, and any other ongoing medical needs resulting from the facility’s failures.
• Transfer and replacement care costs include the expenses of moving a resident to a new facility due to neglect or abuse and the increased care costs resulting from injuries sustained at the prior facility.
• Pain and suffering compensation covers the physical pain and emotional distress experienced by the resident as a result of the facility’s failures. In most South Carolina assisted living negligence cases, these non-economic damages are not subject to a statutory cap.
• Damages are available for damaged or stolen property when personal belongings are damaged, destroyed, or taken in connection with neglect or abuse.
• Wrongful death damages are available when a resident dies as a result of neglect or abuse at an assisted living facility, including funeral and burial expenses, loss of companionship, and other losses recognized under South Carolina’s wrongful death statute.
• Punitive damages may be available in cases where the facility’s conduct was willful, wanton, or reckless. These damages are designed to punish the facility and deter similar conduct.

All assisted living facility cases at Hughey Law Firm are handled on a contingency fee basis. You pay no legal fees unless we secure compensation for your family.

We’re Not Afraid to Take on the Biggest Assisted Living Facilities in the Area

If an assisted living facility injured you or your loved one, call us.

We’ve already won cases against all of these businesses:

• Anderson Oaks Assisted Living
• Ashley Gardens Alzheimer’s Special Care Center
• Ashley River Plantation
• Bayshore on Hilton Head Island
• Benton House of Aiken
• Benton House of Bluffton
• Benton House of West Ashley
• Blake at Carnes Crossroads
• Bloom at Belfair
• Bloom at Bluffton
• Bridge Assisted Living at Life Care Center of Charleston
• Brookdale Assisted Living Facilities
• Carolina Gardens Assisted Living Facilities
• East Cooper Medical Center
• Elmcroft of Florence
• Generations Assisted Living Facilities
• Heath Springs Residential Care Center
• ​Jolley Acres Healthcare Center
• Lakes at Litchfield Assisted Living
• Magnolias of Summerville
• Morningside Assisted Living Facility
• Myrtle Beach Manor Retirement Community
• Palmettos Assisted Living Facilities
• Pinewood Place
• Presbyterian Communities of South Carolina Assisted Living Facilities
• Rice Estate Rehabilitation and Nursing
• Savannah Hall Assisted Living Facilities
• Summit Place Assisted Living Facilities
• Sweetgrass Court Senior Living Community
• Sweetgrass Village Assisted Living Community
• Veterans Victory House
• Wellmore Assisted Living Facilities
• Wildewood Downs
• Windsor House

Even if you don’t see the facility that injured you or your loved one on that list, call us. We know what it takes to investigate allegations of neglect and build a successful case against those and other assisted living facilities that have injured our clients—and we want to help you no matter where the abuse or neglect took place.