If a Resident Needs Help Now
Your loved one's safety comes before any claim.
- Call 911 in an emergency, at any facility and any hour.
- Put it in writing to leadership. Talk with the administrator or director of nursing, then send a short email repeating what you said.
- Get medical attention. Ask that a doctor see the resident, or that they go to an ER if needed.
Reporting to the State
Two state offices take these calls: the South Carolina Department of Public Health, which licenses nursing facilities, and the Long Term Care Ombudsman Program, which helps with residents' rights and care complaints. If a crime may have happened, contact the police or sheriff. The facility's own complaint process is not your only option.1
- Long Term Care Ombudsman: 1-800-868-9095
- South Carolina Department of Public Health (health facility complaints): 1-800-922-6735
- SLED Vulnerable Adults Investigations Unit, for a resident of a care facility: 1-866-200-6066
- Adult Protective Services at DSS, for an adult who lives at home: 1-888-227-34871
You do not need proof before you report. State law has reporting rules for suspected abuse, neglect and exploitation of vulnerable adults.5 Reach out to the authorities promptly rather than waiting on the facility's own investigation.
Keeping Watch From Johns Island
Many island families visit a parent or grandparent in a facility across the Stono. A few habits help when you can't be there every day.
- Visit at different times. Mealtimes, evenings, shift changes and weekends each show you something different.
- Share the visits. Set up a schedule with relatives so someone sees your loved one most days.
- Photograph what worries you, such as bruises, pressure sores, wet bedding or a call button out of reach, with the date. Leave other residents out of the picture.
- Keep one shared log of weight, mood, sleep, eating, hygiene and every conversation with staff.
- Keep the admission packet, every page signed at move-in.
- Save damaged belongings like broken glasses, hearing aids or torn clothing.
- Be careful with new papers. Many families talk with a lawyer before signing.
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
A nursing home case may involve ordinary negligence, medical malpractice or both. Claims about professional medical care may require pre-suit steps, including a Notice of Intent to File Suit, an expert affidavit and mediation.7 Which rules apply depends on what happened, not just on the fact that it happened in a nursing home.6
Time Limits
Most South Carolina injury lawsuits must be filed within three years, though nursing home cases can involve other deadlines.24 The limit is for a lawsuit, and an insurance claim does not pause it.3
Claims treated as malpractice can bring their own discovery rule, an outer cutoff and steps required before suit.48 Claims against a state or local government body generally have two years, which a qualifying claim procedure may extend to three years.910
A report to regulators does not file a lawsuit or automatically extend the time to sue.11 Because several rules can apply to one incident, get legal advice soon. The statewide page covers nursing home abuse claims in South Carolina.
Talk With Us About What Happened
Handing a parent's care to strangers takes trust, and it hurts when that trust is broken. We listen to your family's concerns, with your loved one's safety first.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone, and relatives who live elsewhere can join the call.
If your loved one has died, see Johns Island wrongful death claims. For medical care elsewhere, see 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 report the facility, does that start a lawsuit?
No. A report helps protect the resident, but reporting to regulators does not file a civil case or automatically give you more time to sue.11 If you are thinking about a claim, talk with a lawyer while you report.
Should we move Mom to a different facility?
Safety comes first, but her wishes and rights matter too. When she can decide for herself, the choice is hers to share in. Where a guardian or agent holds legal authority, that person may need to handle the transfer.12 Get copies of her records, document injuries and make sure treatment and medications continue through the move.
My father died after a stay in a nursing home. Can the family bring a claim?
I only get there on weekends. How do I keep track of her care?
Ask the facility to call you after any fall, illness, new medication or room change, and ask to join care plan meetings by phone. Follow each call with a short email restating what you were told, and share your notes with relatives who visit on other days.
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.
