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Table of Contents
- How Does Regulation 61-84 Regulate South Carolina Nursing Home and Assisted Living Facility Care?
- A Few Key Ways Regulation 61-84 Can Be Violated
- Using Regulation 61-84 to Prove Negligence in Court
- Negligence Per Se and Punitive Damages in South Carolina Nursing Home and Assisted Living Facility Neglect Cases
- How Families Can Protect Their Rights
How Does Regulation 61-84 Regulate South Carolina Nursing Home and Assisted Living Facility Care?
South Carolina Regulation 61-84 is a massive set of rules created by the South Carolina Department of Health and Environmental Control (DHEC). These rules outline the minimum standards that nursing homes and assisted living facilities follow to ensure residents are safe, healthy, and well-cared for. The regulation covers everything from staff training and resident safety to hygiene, nutrition, and medical care.
Some important parts of Regulation 61-84 include:
- Resident rights. Residents have the right to receive proper medical care, be treated with dignity, and be free from abuse or neglect.
- Staffing requirements. Facilities must have enough trained staff on duty to meet the needs of residents at all times.
- Resident safety. Nursing homes must provide a safe environment free of hazards that can cause falls, leading to hip fractures or other broken bones.
- Health and hygiene. Residents must be kept clean, and facilities must ensure proper sanitation.
- Nutrition. Residents must receive nutritious meals that meet their dietary needs.
These rules are in place to ensure that nursing homes and assisted living facilities provide a basic, humane standard of care for our seniors. When facilities fail to follow these rules, they can be held accountable for any harm that results.
A Few Key Ways Regulation 61-84 Can Be Violated
When a nursing home or assisted living facility doesn’t follow the rules laid out in Regulation 61-84, it can result in serious harm to residents. There’s no way around it; you’ll need an expert to help prove the regulation was violated. That’s why you’ll need to rely on an experienced South Carolina nursing home and assisted living facility neglect attorney to help you find the right one.
Some examples of how facilities can violate the regulation include:
1. Inadequate Staffing
According to Regulation 61-84, nursing homes and assisted living facilities must have enough trained staff members to meet the needs of their residents at all times. This includes having staff available to help with daily tasks such as eating, bathing, using the restroom, and providing medical care. If a facility is understaffed, residents may be neglected, which can lead to falls, malnutrition, dehydration, or other injuries.
2. Failure to Prevent Falls
Regulation 61-84 requires facilities to provide a safe environment that is free from hazards. This means nursing homes must take steps to prevent residents from falling, such as installing handrails, providing non-slip flooring, and ensuring staff members assist residents with mobility. If a facility fails to take these precautions and a resident falls and is injured, this may be considered a violation of the regulation.
3. Neglecting Medical Care
Facilities are required to provide proper medical care for their residents. This includes monitoring vital signs, managing medications, and addressing medical needs in a timely manner. If a facility fails to provide necessary medical care, such as ignoring a resident’s worsening condition, this can be a serious violation of Regulation 61-84.
4. Failure to Provide Nutritious Meals
Residents in nursing homes and assisted living facilities rely on staff to provide meals that meet their nutritional needs. Regulation 61-84 states that residents must be given nutritious, well-balanced meals that consider their specific dietary restrictions. If a facility does not provide proper nutrition, residents can suffer from malnutrition, which can lead to severe health problems.
5. Poor Hygiene and Sanitation
The regulation also requires facilities to maintain a clean and sanitary environment. This includes keeping residents clean, providing proper bathing assistance, and ensuring that facilities are free from infections. If a facility neglects these hygiene requirements, residents can develop infections, bedsores, and other serious health issues.
Let’s talk about how we use proof of a violation to win in court.
Using Regulation 61-84 to Prove Negligence in Court
When a nursing home or assisted living facility violates Regulation 61-84 and a resident is harmed, the violation can be used to prove negligence per se. Negligence per se means that the violation of the law itself proves the facility was negligent without the need to prove additional wrongdoing.
To prove negligence per se in a nursing home neglect case, the following elements must be shown:
1. The Facility Violated the Regulation
There must be clear evidence that the facility failed to follow one of the rules outlined in Regulation 61-84. This could be shown through inspection reports, testimony from staff (don’t hold your breath on that, but it could happen), or documentation of the facility’s practices.
The key here will be hiring the right expert witness who has experience in nursing homes and assisted living facilities and enjoys the gift of communication to testify convincingly. If you’re unsure how to retain a proper South Carolina nursing home or assisted living facility expert, that’s what I’m for. Call me toll-free at (864) 582-0416.
2. The Resident Was Harmed
The resident must have suffered an injury or death because of the facility’s violation. For example, if a resident developed bedsores because the facility did not provide proper care, this could be considered harm. Again, you need expert proof. And you may require two different experts. First, a treating doctor must testify that the violation caused the injury, or at least verify that the injury occurred. Second, the nursing home or assisted living facility expert witness will testify to how the violation caused it.
3. The Harm Was Caused by the Violation
There must be a clear connection between the facility’s violation of the regulation and the harm that occurred. For example, if a facility failed to provide proper nutrition and a resident died of malnutrition, the violation of the regulation directly caused the harm. Your nursing home or assisted living facility expert witness will be critical here.
If these elements are proven, the facility may be held liable for the resident’s injuries or death. It also paves the road to the prospect of punitive damages.
Negligence Per Se and Punitive Damages in South Carolina Nursing Home and Assisted Living Facility Neglect Cases
When a nursing home or assisted living facility is found to have violated Regulation 61-84, it can also open the door to punitive damages. Punitive damages are additional damages awarded to punish the facility for reckless behavior and to deter others from committing similar acts.
In South Carolina, punitive damages can be given if you prove reckless disregard for the safety of residents. Winning punitive damages is extremely hard. It requires a higher standard of proof than proving the injuries and related harm. That standard of proof is “clear and convincing.” To arrive at a proper amount of punitive damages in South Carolina, you’ve got to consider and address numerous legal factors.
An experienced South Carolina nursing home or assisted living facility neglect attorney can properly assess whether your mom or dad’s nursing home or assisted living facility neglect case qualifies for punitive damages and to prove the amount of punitive damages. If you have questions about punitive damages or anything else in your loved one’s case, Call me toll-free at (864) 582-0416.
How Families Can Protect Their Rights
If your loved one has been harmed due to nursing home neglect or abuse, there are steps you can take to protect your family’s rights and ensure that the facility is held accountable:
1. Document Everything
Keep detailed records of any issues with the facility’s care, including notes on how your loved one is treated, photographs of injuries, and any communications with the facility’s staff. These records can be critical evidence if you decide to pursue legal action.
2. Call a Meeting and Get Your Questions Answered
You’ve entrusted your mom or dad or beloved relative to the facility’s care, and they don’t get to just slide by after exposing your loved one to harm. Get a meeting with the administrator to make sure everyone is aware of any problem, starting at the top. Find out how they will fix it and hold them to it. You may be the only one who truly looks out for your loved one here.
3. Request Medical Records
If you believe your loved one’s health has suffered because of neglect, request their medical records as soon as possible. Medical records can provide evidence of neglect, such as untreated infections, malnutrition, or improper medication management.
4. Report the Facility
If you believe the facility has given substandard care in any way, you can file a complaint with the Long-Term Care Ombudsman program. The Ombudsman will investigate the complaint and may issue penalties or corrective actions against the facility if violations are found. This comes nowhere near holding the facility fully accountable. There’s no financial compensation given to the victim or the family, and the fines come nowhere near addressing the serious harm resulting from nursing home or assisted living facility negligence.
5. Consult with an Experienced South Carolina Nursing Home or Assisted Living Facility Neglect Attorney
Navigating a nursing home neglect case is complex. Facilities and their insurance companies fight tooth and nail against any accountability for injuries from improper care. If you go it alone, you’ll find yourself surrounded by trained professionals, from facility administration to insurance representatives to experienced defense attorneys, all of whom work against you and your family to deny your claim and any hope of a fair settlement as compensation for the injuries or wrongful death.
Level the field. Get an experienced attorney to help guide you through the process, investigate the facility’s practices, gather evidence, find the right expert, and use Regulation 61-84 violations to build a strong case for negligence to hold the facility accountable by seeking a fair settlement as compensation.
Get your questions answered in a free*, no-pressure strategy session with a Spartanburg, SC nursing home and assisted living facility neglect attorney. Call toll-free at (864) 582-0416 or fill out a Get Help Now form.
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