South Carolina

• 3 years with Discovery Rule. (S.C. Code Ann. §15-3-530)
• Medical malpractice – 3 years with Discovery Rule, but no more than 6 years from date of occurrence. Foreign object cases are 2 years from discovery. The SOL for minors is tolled 7 years or 1 year after reaching majority, whichever is shorter. (S.C. Code Ann. §15-3-545)

• Noneconomic damages for medical malpractice claims are limited to $350,000 for each claimant. No limit for economic or punitive damages. (S.C. Code Ann. §15-32-220)

• 3 years with Discovery Rule. (S.C. Code Ann. §15-3-530)
• Medical malpractice resulting in death: 3 years. (S.C. Code Ann. §15-3-545)

• None.

• South Carolina Department of Health and Environmental Control
• Adult Protective Services
• Department of Health and Environmental Control

• Adult Protection (S.C. Code of Laws Title 43, Chapter 35)

• South Carolina Nursing Home Settles Claims Of Injury, Illness & Death

The C.M. Tucker, Jr. Nursing Care Center has agreed to settle allegations of poor care levied on it by the Justice Department following an eight month investigation into the state-run facility. The South Carolina facility houses 360 resident including 70 veterans and residents with long-term psychiatric illnesses.

The Justice Department conducted the report conducted the unannounced investigation under the powers granted it under the Civil Rights of Institutionalized Persons Act. In May, the investigative report was released to the public. Among the conditions cited to in the 36- page report include:...

• When It Comes To Governmental Oversight, Assisted Living Residents Are On Their Own

Residents in assisted living facilities are very much on their own with respect to receiving help from CMS as to the quality of their facility.  As we've discussed, nursing homes are subjected to a centralized rating system that provides consumers with information on both an overall rating of the facility as well as ratings in critical areas such as: staffing levels, inspection ratings and quality measures (such as the incidence of pressure sores amongst residents, amongst other factors) on a five star rating scale.

As the Charleston Post and Courrier reports, no federal rating system exists for assisted living facilities, home to many elderly people.  Some states have instituted their own rating systems for the facilities, but in most areas of the country people are on their own to do their own evaluation of the facility.

• Watchdog Group Finds Neglect & Squalor In South Carolina Assisted Living Facilities

A report from the non-profit group, Protection and Advocacy for People with Disabilities, paints an ugly picture of the living conditions found in South Carolina assisted living facilities.  The report entitled "No Place To Call Home" was completed after a 14 month investigation into assisted-living and analysis of state documents and resident complaints.

After reading the report, most assisted living facilities bear no resemblance to any home-like environment.  The report completed by volunteers details the following findings:

• South Carolina Creates New Department To Investigate Suspicious Nursing Home Deaths

One of the more sobering parts of my job is when I tell someone about a nursing home negligence case that I'm working on--  only to get a response of 'so what' or the ever compassionate 'that guy was going to die anyway'.  Of course, death is an inevitable part of life, but older people have just as much right to live as younger people. 

For too long our culture has accepted poor nursing home care as an inevitable part of the the aging process.  Regardless of a person's age or physical condition, they deserve the best feasible care. Cutting a person's life short due to neglect or abuse can not be tolerated in our society.

• Assisted Living Facility Allows Worker With Criminal Past To Work At Facility. The Results? A Bad Decision.

I was shocked when I saw this new clip below in which the administrator of a South Carolina Assisted Living Facility acknowledges that she was a aware of an employees fraudulent check writing background--- yet she choose to hire her anyway!  Does this make any sense? 

The acknowledgment from the administrator comes after the arrest of two employees at the Eden Terrace Assisted Living Facility in South Carolina.  Samantha Nicole Bishop and Tammy Gail Jernigan have been charged with stealing credit cards and jewelery from patients at the facility.  Jernigan has a criminal record going back more than ten years with similar incidents.