If Someone Is in Danger Right Now
Safety comes before anything else on this page.
- If a resident is in immediate danger, call 911. Emergencies come first, at any facility and at any hour.
- Tell the facility's leadership in writing. Speak with the administrator or director of nursing. Follow up by email so there is a record.
- Get medical attention. Ask for the resident to be seen by a doctor, or take them to an emergency room if needed.
Where to Report Suspected Abuse or Neglect
You can report concerns to the South Carolina Department of Public Health, which oversees licensed nursing facilities, or contact the state's Long Term Care Ombudsman Program for help with resident rights and care complaints. Contact law enforcement if you suspect a crime. You do not have to rely solely on the facility's internal complaint process.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 (abuse in long-term care facilities): 1-866-200-6066
- Adult Protective Services, DSS (adults living in the community, not in a facility): 1-888-227-34871
You do not need to prove abuse before reporting concerns. South Carolina law establishes reporting requirements for suspected abuse, neglect and exploitation of vulnerable adults.5 If you believe a nursing home resident is being harmed, contact the appropriate authorities promptly rather than waiting for the facility to complete its own investigation.
What to Do If You Suspect Abuse or Neglect in a South Carolina Nursing Home
Once your loved one is safe, start keeping a record of what you see.
- Visit at different times. Come at mealtimes, evenings and weekends when you can. Note who is on duty and what you see.
- Take photos. Photograph bruises, wounds, bedsores, soiled bedding and unsafe conditions. Date each photo.
- Keep a written log. Record changes in weight, mood, sleep, eating and hygiene. Note every conversation with staff.
- Keep the admission papers. Keep a copy of everything signed at admission.
- Save belongings. Keep torn clothing, broken glasses or damaged hearing aids in a bag.
- Be careful what you sign. Many families talk to a lawyer first if they aren't sure.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Ordinary Negligence or Medical Malpractice?
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.7 The applicable rules depend on what happened, not simply on the fact that the injury occurred in a nursing home.6
How Long You Have to File
Most South Carolina personal injury lawsuits must be filed within three years, but nursing home cases can involve different legal deadlines.24 That deadline is for filing a lawsuit, and an insurance claim does not stop it.3
Claims involving medical malpractice may be subject to special discovery rules, an outer filing limit, and pre-suit requirements.48 Claims against state or local government entities generally have a two-year deadline, potentially extended to three years through a qualifying statutory claim procedure.910
Reporting abuse to regulators does not itself file a civil lawsuit or automatically extend the time to sue.11 Because several legal rules may apply to the same incident, families should seek legal advice promptly.
Talk With Us
These cases are personal. You trusted a facility with someone you love, and that trust feels broken. We start by listening to your family's concerns, with your loved one's safety first, and we talk with you.
Our firm is based in Charleston and takes nursing home cases across South Carolina. You can learn more on our pages about medical malpractice claims and wrongful death claims.
Tell us what you've seen and what the facility has told you.
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 making a report start a lawsuit?
No. A report helps protect the resident. Reporting abuse to regulators does not itself file a civil lawsuit or automatically extend the time to sue.11 If you are thinking about a claim, it helps to talk with a lawyer while you also report your concerns.
Should I move my loved one to another facility?
Safety comes first, but the resident's wishes and legal rights matter too. If the resident can make their own decisions, involve them in choosing what happens next. If someone else has legal decision-making authority, that person may need to coordinate a safe transfer.12 Request copies of medical records, document any injuries, and make sure necessary treatment and medications continue during the move.
What if my loved one died after a stay in a nursing home?
A wrongful death claim may be available if abuse, neglect or medical negligence caused or legally contributed to the resident's death. In South Carolina, a wrongful death lawsuit is generally brought by the deceased person's personal representative on behalf of eligible beneficiaries.13 Special filing requirements and deadlines may apply depending on the claims involved.148
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.
