How does a nursing home abuse lawyer use regulatory violations as evidence in a civil case?
These violations are powerful evidence in civil litigation because they represent the government’s determination that the facility failed to meet a required standard. A lawyer can use these findings to show that the facility knew about a problem, was required to fix it, and didn’t, which strengthens the argument of negligence and can support claims […]
If a nursing home violated state regulations but not federal ones, can a family still pursue a civil claim?
Yes. Violations of South Carolina’s nursing home regulations and the Long-Term Care Residents’ Bill of Rights can support a civil negligence claim, even if the violation doesn’t meet the criteria for a federal regulatory finding. An attorney can determine which legal standards apply and how the violations connect to the harm your loved one experienced.
What role does the federal Office of Inspector General play in nursing home oversight?
The Office of Inspector General, which is part of the Department of Health and Human Services, oversees fraud, abuse, and quality of care issues in Medicare- and Medicaid-funded facilities. Facilities with patterns of serious violations may face federal enforcement action, including exclusion from Medicare and Medicaid. For families, the OIG’s enforcement history is an additional […]
Can a nursing home discharge a resident in retaliation for a family member filing a complaint?
Retaliatory discharge is prohibited under both federal and South Carolina law. Residents have the right to file grievances and complaints without fear of being transferred or discharged as punishment. An involuntary transfer or discharge that follows closely on the heels of a complaint deserves immediate legal scrutiny.
Are nursing homes required to post residents’ rights where residents can see them?
Yes. Both federal and South Carolina state laws require facilities to inform residents of their rights upon admission and provide written information about those rights. Many facilities must post a summary of residents’ rights in a visible location. A facility that fails to inform residents of their rights is in violation of its basic legal […]