When Someone Is in Danger Now
Call 911 if a resident faces immediate harm, at any hour. Then put your concern in writing to the administrator or director of nursing, by email if you can, so a dated record exists. Ask that a doctor see the resident, or take them to an ER if it can't wait.
Who to Report It To
The South Carolina Department of Public Health takes complaints about licensed nursing facilities, and the Long Term Care Ombudsman Program helps with residents' rights and care. Suspected crimes go to law enforcement, and you don't have to wait on the facility's own process.1
- Long Term Care Ombudsman: 1-800-868-9095
- Department of Public Health facility complaints: 1-800-922-6735
- Vulnerable Adults Investigations Unit at SLED, facility abuse: 1-866-200-6066
- Adult Protective Services (DSS), someone living in the community: 1-888-227-34871
Suspicion is enough to make a report. Under the state's adult protection law, staff, caregivers and others must report suspected abuse, neglect or exploitation of a vulnerable adult, and anyone else may.5
Building a Record
Families who live in Conway, Carolina Forest or out of state all face the same problem: you can't be there every hour. Make the visits you can count. Show up at different times, including meals, nights and weekends, and note who's working. Photograph bruises, wounds, pressure sores, wet bedding and unsafe rooms, with dates. Keep a notebook of weight, mood, appetite and hygiene changes, and of every talk with staff. Keep the admission packet, and bag any torn clothes, broken glasses or damaged hearing aids. Before signing anything the facility hands you, many families check with a lawyer.
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, and claims about professional medical care may require a Notice of Intent to File Suit, an expert affidavit and mediation first.7 Which rules apply turns on the conduct, not just the building.6
Time Limits
Most South Carolina injury lawsuits have three years, but nursing home cases can bring other deadlines.2 The limit is for a lawsuit, and an insurance claim won't pause it.3 Malpractice claims have their own discovery rule, an outer limit and pre-suit steps.48 A facility run by a state or local government entity brings a two-year deadline in general, which a qualifying claim procedure can stretch to three.910 A report to regulators doesn't extend any of this.11
Our statewide nursing home page has more.
Talk With Us
You trusted a facility with someone you love, and now that trust is shaken. Your loved one's safety leads every conversation we have with your family.
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
See also medical malpractice in Myrtle Beach. Tell us what you've seen and what the facility has 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 report the facility, have I started a lawsuit?
No. Calling the state is a step to keep your parent safe. Reporting to regulators does not file a civil suit or automatically give you more time to sue.11 You can make the report and speak with a lawyer in the same week.
Can I move Dad to a different facility?
Safety matters most, but so do his wishes and his rights. A resident who can still make decisions generally gets a say in his own care and where he lives, and a relative doesn't automatically have authority to move him.12 Get copies of his records and keep his medicines and treatment going during any move.
Grandma died after her stay. Does the family have any options?
We live up north and Mom is in a facility in Myrtle Beach. Can we still talk?
Yes. Many families watch over a parent from far away. The first conversation can happen by phone, and the state contacts on this page take reports from anywhere.
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.
