If Your Loved One Is in Danger Today
Nothing on this page comes ahead of safety.
- Immediate danger means 911. Any facility, any hour.
- Tell management, then email. A conversation with the administrator or nursing director, followed by a short email summarizing it, leaves a timestamp.
- Get a doctor involved. Ask that the resident be examined, or take them to an emergency room if needed.
Where to Report in South Carolina
Complaints about licensed nursing facilities can go to the South Carolina Department of Public Health, and concerns about residents' rights, care and treatment can go to the Long Term Care Ombudsman Program. Suspected crimes can be reported to law enforcement. You can go to the state without waiting on the home's internal grievance 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 a long-term care home): 1-866-200-6066
- DSS Adult Protective Services (an older or disabled adult at home): 1-888-227-34871
Proof isn't required before you speak up. Under South Carolina's Omnibus Adult Protection Act, nursing home staff, health care workers and caregivers must report suspected abuse, neglect or exploitation of a vulnerable adult, and anyone else may report it.5 Reach out to the authorities promptly instead of waiting on the facility's internal review.
Building a Record Once They're Safe
- Drop in at odd hours. Mealtimes, evenings and weekends. Note who's working and what you notice.
- Date your photos. Bruises, wounds, bedsores, wet or soiled sheets and unsafe conditions.
- Keep a notebook. Weight, mood, sleep, appetite and hygiene, plus every conversation with staff.
- Find the move-in packet. Keep a copy of the admission agreement and everything else signed that day.
- Bag damaged belongings. Torn clothes, broken glasses, cracked hearing aids.
- Pause before signing. Many families ask 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
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 Which rules apply depends on the conduct alleged, not simply on where it happened.6
Deadlines
Most South Carolina personal injury lawsuits must be filed within three years, though nursing home cases can carry other deadlines.24 The limit is for filing suit, and an insurance claim doesn't stop it.3
Medical malpractice claims 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 Pre-suit steps apply to those claims too.8 Lawsuits under the Tort Claims Act generally must be filed within two years, and a three-year deadline may apply if a qualifying verified claim was first filed.910
A state complaint doesn't start a lawsuit or add time to sue.11 With several rules possibly in play, get legal advice early.
Talk With Us
Choosing a home for a parent in Spartanburg County is hard enough. Suspecting harm there is worse. We listen to your family's worries with your loved one's safety at the front.
We take cases across South Carolina, including Spartanburg County. See also medical malpractice in Spartanburg and the statewide page on nursing home abuse claims.
Ring us with your notes and whatever the administrator 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
If I file a complaint with the state, does that count as suing?
No. Reporting abuse to regulators does not itself file a civil lawsuit or automatically extend the time to sue.11 The report protects your loved one. Thinking about a claim too? Call a lawyer alongside filing the report.
Can I just move Mom out this weekend?
Her safety is first, but her wishes and rights count too. A resident who retains decision-making capacity generally has the right to take part in decisions about her own care and living arrangements, and a relative doesn't automatically have authority to move her.12 Get copies of her records, photograph any injuries and make sure medications and treatment carry over during the move.
Dad passed away after his stay. Can the family bring a claim?
Do we need to drive to Charleston to talk?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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.
