If Someone Is in Danger Now
Safety outranks everything else here.
- Call 911 for immediate danger, day or night, at any facility.
- Tell the administrator or director of nursing, then follow up by email so there is a written record.
- Insist on a doctor's exam, or take your loved one to an ER if needed.
Where to Report
Complaints about licensed nursing facilities can go to the South Carolina Department of Public Health, and concerns about residents' rights and care can go to the Long Term Care Ombudsman Program. Call law enforcement if you suspect a crime. You don't have to rely only on the facility's own complaint process.1
- Long Term Care Ombudsman: 1-800-868-9095
- S.C. Department of Public Health, health facility complaints: 1-800-922-6735
- SLED Vulnerable Adults Investigations Unit, abuse in long-term care: 1-866-200-6066
- Adult Protective Services at DSS, adults living at home: 1-888-227-34871
A suspicion is enough to make a call. 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 Report promptly instead of waiting on the facility's own review.
Keeping a Record
Once your loved one is safe, start writing things down.
- Drop in at different hours, including meals, evenings and weekends, and note who is working.
- Photograph bedsores, bruises, wet sheets and hazards, with the date.
- Log changes in weight, mood, sleep, appetite and hygiene, plus every talk with staff.
- Keep a copy of the admission packet.
- Bag torn clothes, broken glasses or damaged hearing aids.
- Be careful about signing new papers. A lawyer can review them.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Long-Term Care Around Summerville
A parent's facility might be off North Main Street, out near Nexton or down I-26 in North Charleston. Getting there after work through traffic is hard, so a decline can slip by between visits. Splitting the week among siblings, grandkids and church friends helps keep fresh eyes on things.
Negligence, Malpractice or Both
Nursing home cases may involve ordinary negligence, medical malpractice or both. Claims involving professional medical care may require pre-suit steps, 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 the injury happened.6
How Long You Have
Most personal injury claims in South Carolina must be filed within three years.2 A long-term care case may also bring in the separate malpractice timeline.4 The limit is for a lawsuit, and an insurance claim does not stop it.3
A claim that turns on medical care can bring in a discovery rule, an outer cutoff and pre-suit requirements.48 Suits against state or local government entities generally have a two-year limit, which a qualifying claim procedure may extend to three years.910
A report to regulators doesn't file a lawsuit or stretch the time to sue.11 With several rules in play, get legal advice soon. The statewide page covers South Carolina nursing home cases in more depth.
Talk With Us
Handing a parent's daily care to strangers takes a leap of faith, and discovering neglect is crushing. We start with your family's concerns and your loved one's safety, and we talk with you about what comes next.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. See also medical malpractice around Summerville.
Tell us what you have 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
Can our family talk with you by phone?
Yes. The first conversation can happen by phone, and more than one family member can join. Our office is on King Street in downtown Charleston.
If I report the facility, have I started a lawsuit?
No. Reporting abuse to regulators does not itself file a civil lawsuit or automatically extend the time to sue.11 A report protects the resident. If a claim is on your mind, talk with a lawyer while you report.
Should we move Mom somewhere else?
Her safety matters most, and so does her say in it. A resident who can still make decisions generally has the right to take part in choices about her care and where she lives, and a relative does not automatically have legal authority to move her.12 Get copies of her records, photograph any injuries and make sure her medicines and treatment continue during a move.
Dad died after his stay. Is there a claim?
A wrongful death claim may be possible if abuse, neglect or medical negligence caused or contributed to his death. In South Carolina, a wrongful death lawsuit is brought by the personal representative of the estate on behalf of family members designated by law.13 Special filing steps and deadlines may apply depending on the claims.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.
