If Someone Is in Danger Now
Safety comes before everything else here.
- Call 911 if a resident is in immediate danger. That's true at any facility, at any hour.
- Put it in writing to the facility's leaders. Talk to the administrator or director of nursing, then send an email so there's a record.
- Get a doctor involved. Ask that the resident be seen, or take them to the ER if needed.
Where to Report Suspected Abuse or Neglect
Complaints about licensed nursing facilities can go to the South Carolina Department of Public Health, and the state's Long Term Care Ombudsman Program can help with residents' rights and care concerns. Police can be called when a crime may have happened. You don't have to depend only on the facility's own complaint process.1
- Long Term Care Ombudsman: 1-800-868-9095
- 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
- Adult Protective Services at DSS, for adults living at home rather than in a facility: 1-888-227-34871
You don't need proof before reporting. Under state law, staff, caregivers and others must report suspected abuse, neglect or exploitation of a vulnerable adult, and anyone else may.5 Don't hold off while the facility looks into itself.
What to Do If You Suspect Neglect
Once your loved one is safe, start a record.
- Mix up your visits. Drop by at dinner, late in the evening or on a Sunday. Note who's working and what you see.
- Use your phone camera. Skin tears, pressure sores, bruising, a wet bed or a blocked call button, each with the date.
- Keep a log. Weight, mood, sleep, eating and hygiene changes, plus every talk with staff.
- Keep the admission papers. Hold on to a copy of everything signed when your loved one moved in.
- Save belongings. Torn clothes, broken glasses or damaged hearing aids go in a bag.
- Be careful what you sign. Many families talk 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
A nursing home case can 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 The conduct, not the building, decides which rules apply.6
How Long You Have
The usual three-year injury deadline may not be the only one in a care facility case.24 The deadline is for a lawsuit, and an insurance claim won't stop it.3
Malpractice claims can carry a discovery rule, an outer limit and pre-suit steps.48 A publicly run facility may fall under the Tort Claims Act, which generally allows two years, or three years after a qualifying claim.910
A report to regulators doesn't file a lawsuit or automatically extend the time to sue.11 Because several rules can apply at once, get legal advice soon.
See the statewide page on nursing home abuse and neglect, and if your loved one died, Mount Pleasant wrongful death claims.
Talk With Us
Handing a parent's care to strangers takes trust, and finding neglect breaks it. We put your parent's or spouse's safety first and hear the family out.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
Share what you've noticed on visits and what staff have said.
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, does that start a lawsuit?
No. A report helps protect the resident, but it doesn't file a civil case or automatically give you more time to sue.11 If you're considering a claim, talk with a lawyer while you report.
Should we move Dad to a different facility?
Protect them first, while respecting what they want and their rights. A resident who can make decisions should help decide what happens next, and if someone else holds legal decision-making authority, that person may need to arrange the move.12 Get copies of records, document injuries and make sure treatment and medicine continue through the transfer.
My mother died after a stay in a care facility. Can we bring a claim?
I work long days. Can we talk by phone?
Yes. The first conversation can happen by phone. Our office is on King Street in downtown Charleston if you want to meet later.
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.
