If Someone Is in Danger
- Immediate danger? Call 911.
- Tell the administrator. Then email it.
- Get a doctor to see the resident.
Where to Report
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
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 You don't need proof first.
Keep a Log
- Visit at odd hours. Weekends, evenings.
- Note who's on shift.
- Date every photo of bruises or sores.
- Track weight, mood, meals, hygiene.
- Keep the admission packet.
- Bag damaged glasses or hearing aids.
- Ask before signing.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
North Charleston Families and Long-Term Care
A North Charleston family's loved one may live in a facility off Rivers Avenue, up Dorchester Road toward Summerville, or across the river in West Ashley. The reporting numbers above are the same everywhere in South Carolina, and a son, daughter or spouse can make every call.
South Carolina Law on Nursing Home Claims
Which Rules Apply
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. South Carolina's medical malpractice statutes list nursing homes among the health care institutions they cover.7 Which rules apply depends on the conduct alleged, not simply on the fact that the injury occurred in a nursing home.6
Time to File
Most personal injury claims in South Carolina must be filed within three years.2 Simply opening a claim with an insurance company 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 Before filing a medical malpractice lawsuit, 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, or three if a qualifying verified claim was first filed.910
Reporting abuse to regulators does not itself file a civil lawsuit or automatically extend the time to sue.11
More on nursing home abuse claims in South Carolina.
Talk With Us
You handed over someone you love. Now that trust feels broken. Your loved one's safety comes first in every conversation.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. See also our North Charleston medical malpractice page.
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
Does filing a report start a lawsuit?
No. Reporting abuse to regulators does not itself file a civil lawsuit or automatically extend the time to sue.11 Report for safety. Talk to a lawyer separately.
Should we move Mom out?
Her safety matters most, and so do her wishes. 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 Get the records and keep medications going through the move.
Grandpa died after a few months there. What can we do?
Do I have to come downtown to talk?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. Getting downtown isn't always easy, so we can also meet at the hospital, your home or another spot that suits you.
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.
