If a Resident Is in Danger Now
- Call 911 for any emergency, at any hour.
- Tell the administrator or director of nursing, then follow up by email so there's a record.
- Get a doctor involved. Ask that the resident be examined, or take them to an ER such as Prisma Health Richland, MUSC Health Columbia Medical Center or Lexington Medical Center.
Reporting Outside the Facility
Complaints about licensed nursing facilities can go to the South Carolina Department of Public Health at 1-800-922-6735. Concerns about residents' rights, care and treatment can go to the Long Term Care Ombudsman Program at 1-800-868-9095. For abuse inside a long-term care facility, SLED's Vulnerable Adults Investigations Unit takes reports at 1-866-200-6066, while abuse of an adult living at home generally goes to DSS Adult Protective Services at 1-888-227-3487. Suspected crimes can be reported to law enforcement, such as Columbia Police or the county sheriff's department.1
A hunch backed by what you've seen is enough to call. Under South Carolina's Omnibus Adult Protection Act, nursing home staff, health care workers, caregivers and others must report suspected abuse, neglect or exploitation of a vulnerable adult, and anyone else may report it.5
Building a Record
After the immediate danger passes, a paper trail helps.
- Show up at odd hours. Evenings, weekends and mealtimes tell you more. Note who is working.
- Photograph what worries you. Bruises, bedsores, wet sheets, a call button out of reach. Date every photo.
- Keep a log. Weight, mood, sleep, meals, hygiene, and each conversation with staff.
- Hold on to the admission packet. Everything signed at move-in.
- Save what got broken. A cracked hearing aid, bent eyeglass frames, a ripped nightgown.
- Be careful with new forms. Many families talk to a lawyer first.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Negligence, Malpractice or Both
Nursing home cases may involve ordinary negligence, medical malpractice, or both. South Carolina's malpractice statutes list nursing homes among covered institutions, so some claims may need a Notice of Intent to File Suit, an expert affidavit and mediation.7 Which rules apply depends on the conduct alleged.6
Deadlines
Most South Carolina personal injury lawsuits must be filed within three years, but malpractice claims generally must be filed within three years of the treatment or discovery and no later than six years after the treatment, with limited exceptions.24 An insurance claim doesn't stop either clock.3 Malpractice claims also require pre-suit steps.8
If the facility is run by a state or local government, the deadline is generally two years, or three years with a qualifying verified claim.910 Because several rules may overlap, get advice early. See nursing home abuse claims in South Carolina for more.
Talk With Us
You trusted a facility with someone you love. Tell us what you've seen and what staff have told you, with your loved one's safety first.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and the Midlands. The first conversation can happen by phone. See also Columbia medical malpractice claims.
South Carolina Law on This
- In South Carolina, complaints about licensed nursing facilities can be made to the South Carolina Department of Public Health (1-800-922-6735), and concerns about residents' rights, care and treatment can be taken to the Long Term Care Ombudsman Program (1-800-868-9095). Suspected abuse in long-term care facilities can also be reported to SLED's Vulnerable Adults Investigations Unit (1-866-200-6066). Abuse of adults living in the community generally goes to Adult Protective Services at the Department of Social Services (1-888-227-3487). Suspected crimes can be reported to law enforcement. Families do not have to rely only on a facility's internal complaint process.1
- Most personal injury claims in South Carolina must be filed within three years.2
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.3
- Medical malpractice claims in South Carolina generally must be filed within three years of the treatment, or of when the injury was or should have been discovered, but no later than six years after the treatment, with limited exceptions.4
- Under South Carolina's Omnibus Adult Protection Act, nursing home staff, health care workers, caregivers, including family members who provide care, and others must report suspected abuse, neglect or exploitation of a vulnerable adult. Anyone else may report it. Facility residents count as vulnerable adults.5
- Nursing home cases may involve ordinary negligence, medical malpractice, or both. Claims involving professional medical care may require special pre-suit procedures, including a Notice of Intent to File Suit, an expert affidavit, and mediation. Which rules apply depends on the conduct alleged, not simply on the fact that the injury occurred in a nursing home.6
- South Carolina's medical malpractice statutes list nursing homes among the health care institutions they cover, so some nursing home negligence claims may need to follow the pre-suit notice and expert affidavit steps.7
- Before filing a medical malpractice lawsuit in South Carolina, the injured person generally must file a notice of intent to sue along with an expert's affidavit, and the parties must then try mediation.8
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.9
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.10
- Reporting abuse to regulators does not itself file a civil lawsuit or automatically extend the time to sue.11
- A nursing home resident who retains decision-making capacity generally has the right to participate in decisions about their own care and living arrangements. A family member does not automatically have legal authority to move the resident; someone with legal decision-making authority may need to coordinate a transfer.12
- In South Carolina, a wrongful death lawsuit is brought by the personal representative of the deceased person's estate on behalf of family members designated by law. The beneficiaries are the surviving spouse and children, or, if there are none, the deceased person's parents. If none of those relatives survive, other legal heirs may benefit from the claim.13
- Under South Carolina law, wrongful death lawsuits generally must be filed within three years of the person's death. However, different rules may apply when a death involves medical malpractice, a government agency, or other circumstances governed by special laws. A related survival claim may also have a different filing deadline.14
Frequently Asked Questions
If I file a report with the state, is that the same as suing?
No. Reporting abuse to regulators does not itself file a civil lawsuit or automatically extend the time to sue.11 A report protects the resident. If you're weighing a claim, talk with a lawyer at the same time.
Can we move Dad somewhere else?
His safety comes first, but so do his wishes. A resident who retains decision-making capacity generally has the right to take part in decisions about care and living arrangements, and a family member doesn't automatically have authority to move him.12 Before he leaves, request the chart, take pictures of any wounds, and confirm his prescriptions travel with him.
My mother died after time in a nursing home. Can the family bring a claim?
Sources
- SC DPH: File a health facility complaint; SC Department on Aging: Long Term Care Ombudsman Program
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code § 15-3-545
- S.C. Code §§ 43-35-10 and 43-35-25
- S.C. Code §§ 15-79-110, 15-79-125 and 15-36-100
- S.C. Code §§ 15-79-110(2), 15-79-110(6) and 15-79-125
- S.C. Code §§ 15-79-125 and 15-36-100
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code §§ 15-78-110 and 15-78-120
- Sean Hall, Nov 5, 2026 page review; see S.C. Code § 15-3-530
- S.C. Code Title 62, Article 5 and §§ 62-8-101 et seq. (guardianship, conservatorship and decision-making authority)
- S.C. Code §§ 15-51-10 and 15-51-20
- S.C. Code §§ 15-3-530(6) and 15-3-545
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
