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.
Why Do Families Throughout South Carolina Trust Hughey Law Firm for Elder Abuse Cases?
Unlike most personal injury firms, which handle elder abuse as one practice area among many, Hughey Law Firm specializes in it. Hughey Law Firm is different, and our expertise is verifiable. Here’s what you need to know about us:
- Nathan Hughey, our founder, began his legal career defending nursing homes.
- Nathan Hughey teaches other attorneys about elder abuse law.
- Attorneys and law firms across South Carolina refer elder abuse cases to us.
- Over 70% of our caseload consists of elder abuse cases.
- Since 2007, we have resolved over 1,000 elder abuse cases in South Carolina.
The results described above are specific to those cases and are not intended to predict or guarantee the outcome of any future case. Each case is unique, and outcomes depend on the particular facts and legal circumstances involved. Hiring a lawyer is an important decision that should not be based solely on advertisements.
Types of Assisted Living Facility Claims
Slip and Falls are a leading cause of serious injury among elderly residents of assisted living facilities in Charleston. These facilities have a legal duty to maintain safe premises, assess residents for fall risk, and implement appropriate supervision and environmental safeguards.
- 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
Pressure and bed sores 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.
- 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
- 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.
No warning sign on this list should be dismissed as an isolated incident. Each sign reflects an obligation of care that the facility is failing to meet or concealing. A pattern of these signs across multiple visits is grounds for immediate legal action. If you have observed any of these signs during visits to a loved one’s Charleston area facility, call Hughey Law Firm at (843) 881-8644 to speak with an assisted living facility lawyer.
Common Causes of Assisted Living Neglect
- The most consistent driver of neglect in Charleston 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 Charleston facility inspection deficiency reports.
Resident Rights in South Carolina Assisted Living Facilities
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.
What Families Should Do Immediately After Suspected Neglect
- 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
Compensation Available in Assisted Living Facility Cases
- 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 Charleston, 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.
We’re Not Afraid to Take on the Biggest Assisted Living Facilities in the Area
- 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
Speak With a Charleston Assisted Living Facility Attorney Today
If your loved one was harmed in a South Carolina assisted living facility, the Hughey Law Firm can help your family understand what happened and pursue the full compensation to which you are entitled under South Carolina law. You don’t have to navigate this process alone, and the initial consultation is free.
Call (843) 881-8644 for a free consultation, fill out our contact form, or use live chat to speak with our team now. We represent families throughout Charleston, the Lowcountry, and across South Carolina.
Frequently Asked Questions
Will my case go to court?
Most assisted living facility claims are resolved through negotiated settlements before trial. However, Hughey Law Firm prepares every case as though it will go to trial, which produces better outcomes at every stage. If a fair resolution cannot be reached, we will take your case to trial.
How long do I have to file an assisted living facility claim in South Carolina?
In most cases, the statute of limitations for assisted living facility negligence claims is three years from the date of injury or discovery. Wrongful death claims arising from assisted living neglect have a three-year limitations period from the date of death. Contact an attorney promptly to ensure all applicable deadlines are identified.
Can I file a claim on behalf of a loved one who cannot do so themselves?
Yes. If you have power of attorney for a loved one who was harmed, you can pursue a claim on their behalf. If a loved one died due to neglect in an assisted living facility, the personal representative of the estate may bring a wrongful death claim under South Carolina law.
Why does assisted living neglect happen?
The most common causes are chronic understaffing, inadequate staff training, high employee turnover, and management-level cost-cutting that reduces the quality of care below required standards. Regardless of the cause, the facility is legally responsible for any harm caused to residents by its staff’s failures.
Should I speak with a facility representative if my loved one is injured?
No, not before consulting an attorney. Representatives and insurers often contact families quickly after an incident. They may attempt to gather statements that reduce the facility’s liability or offer early settlements that do not reflect the claim’s full value. Contact Hughey Law Firm before communicating with any facility representative or insurance adjuster.
Can an Assisted Living Facility Be Held Liable If a Resident Falls?
Yes. Assisted living facilities in South Carolina must assess residents for fall risk, implement prevention protocols, and maintain safe premises. If a facility fails to do so and a resident is injured in a fall, the facility is liable for the resulting harm.
How is an assisted living facility different from a nursing home under South Carolina law?
Assisted living facilities are licensed as community residential care facilities under the South Carolina Code of Regulations, 61-84. They serve residents who maintain a degree of independence and do not require the level of skilled nursing care provided in licensed nursing homes. While the regulatory frameworks differ, both types of facilities owe residents a duty of care and can be held civilly liable for neglect or abuse that causes harm.
What are the most common signs of neglect in South Carolina assisted living facilities?
The most consistent signs of assisted living neglect are unexplained weight loss, poor hygiene, pressure ulcers, dehydration, behavioral changes (including withdrawal or fearfulness), and unexplained injuries. Any injury that the facility cannot adequately explain warrants immediate attention and documentation.