If Someone Is in Danger Right Now
- Call 911 for immediate danger, at any hour.
- Put it in writing to the administrator or director of nursing, then follow up by email so there's a record.
- Ask for a doctor, or take your loved one to an emergency room.
Where to Report
Complaints about licensed nursing facilities can go to the South Carolina Department of Public Health, and concerns about residents' rights, care and treatment can go to the Long Term Care Ombudsman Program. Suspected crimes can be reported to law enforcement, which on the island means the Beaufort County Sheriff's Office. Families do not have to rely only on the facility's internal process.1
- Long Term Care Ombudsman: 1-800-868-9095
- S.C. Department of Public Health, health facility complaints: 1-800-922-6735
- SLED Vulnerable Adults Investigations Unit, for abuse in a long-term care facility: 1-866-200-6066
- DSS Adult Protective Services (an adult who lives at home, not in a facility): 1-888-227-34871
Proof isn't needed before you report. 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
Keeping a Record
When brothers and sisters live in other states, one shared log keeps everyone looking at the same facts.
- Drop in at odd hours. Breakfast, late evening, a Sunday. Note who is working.
- Photos with dates. Bruises, skin tears, bedsores, wet sheets, a call button out of reach.
- The log. Weight, appetite, mood, sleep, hygiene, and every talk with staff.
- Admission packet. Keep a copy of everything signed on day one.
- Damaged things. A broken hearing aid, cracked glasses or torn clothes go in a bag.
- New forms. If you aren't sure about something the facility asks you to sign, many families check with 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 the institutions they cover, so some claims may need the pre-suit notice and expert affidavit steps, followed by mediation.7 Which rules apply depends on the conduct alleged, not simply on where the injury happened.6
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.2 Care-facility cases may run on a malpractice clock instead.4 An insurance claim does not stop the clock.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 A notice of intent and an expert's affidavit generally come first.8 Tort Claims Act suits against a state or local government entity generally have two years, or three years after a qualifying verified claim.910
Reporting abuse to regulators does not itself file a civil lawsuit or automatically extend the time to sue.11 Because more than one set of rules can apply, early answers help.
Talk With Us
Handing a parent's daily care to strangers takes faith, and finding bruises or bedsores breaks it. Tell us what you've noticed and what the staff has said, with your loved one's safety first.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. Read about South Carolina nursing home abuse claims and medical malpractice near Hilton Head.
Call and tell us what you've seen on your visits.
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 complaint with the state, have I started a lawsuit?
No. Reporting abuse to regulators does not itself file a civil lawsuit or automatically extend the time to sue.11 The report protects your mother or father. If a claim is on your mind, speak with a lawyer while the report moves ahead.
Can I just move Mom to another place in Bluffton?
Her safety comes first, but so do her wishes. A resident who retains decision-making capacity generally has the right to take part in decisions about her own care and living arrangements, and a family member does not automatically have authority to move her.12 Before any move, collect her chart, take pictures of any bruises and confirm the new place has her prescriptions.
Dad died after months in a care facility. Is there 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.
