When someone suffers from abuse or neglect in a nursing home, the incident report can be key. The report can help you win a legal claim and evaluate your next steps.
Our experienced Greenville nursing home abuse lawyer at Bobby Jones Law explains nursing facility incident reports in Greenville, SC. Here’s why they’re so important to your case.
What Is a Nursing Home Facility Incident Report in South Carolina?
A nursing home incident report is a documented summary of an incident that occurred at a nursing home. The report may include the facts and findings. It may report the cause of the incident, the harm it caused, and corrective measures. Several parties may make an incident report at a nursing home facility, including facility representatives, regulatory inspectors, and the police.
What Must Nursing Homes Include in an Incident Report Under SC Law?
Nursing home incident reports must include:
Basic facts. The name of the facility, the facility license number, and the date of the incident.
General nature. The general nature and type of incident.
Who was involved? How many people were affected, including residents, staff, and visitors.
Resident identification. Social Security numbers or ID numbers of affected residents.
Witnesses. People with information about what happened.
Causes. Why the incident occurred. If the cause is unknown, the results of the internal investigation must be reported.
Summary. Summary of the incident, including injuries and treatment.
Nursing homes must keep serious incident reports for at least six years after the resident stops receiving services.
When Must a Nursing Home Create an Incident Report in South Carolina?
South Carolina has laws for nursing home reporting. Caregivers and staff are mandatory reporters, but anyone can report an incident.
Reports are needed for a variety of reasons, including:
- Abuse, neglect, or exploitation
- Communicable diseases
- Accidents
- Fires and disasters
- Crime
- Other reportable events under SC laws and regulations
South Carolina SCDPH recently updated its online portal to make it easier to report nursing home incidents.
Serious incidents must be reported within two hours. Care facilities have 24 hours to report incidents that don’t result in abuse or serious bodily injury. The facility must supplement the preliminary report with a complete report within five working days.
In addition to reporting to SCDPH, the facility must inform the family of a serious incident.
How To Request a Nursing Home Incident Report in Greenville, SC
You can request a nursing home incident report in Greenville, SC, by entity.
The facility
A nursing home resident has the right to their own medical records. Generally, the facility has 30 days to produce your records. They may charge you a reasonable production fee.
Make sure that your request is in writing. The facility may ask you to use their form, but there’s no standardized form.
If your loved one is deceased, you must be the estate administrator or executor to request records. You’ll need to have the official capacity as a representative to make the request.
SCDPH
SCDPH oversees nursing homes in South Carolina. They keep administrative records, visit reports, correction plans, and enforcement records. You can access many of these records through SCDPH.
They probably won’t give you a full, unredacted incident report, but you will still get a summary and investigation findings.
Unfortunately, at this time, there’s no publicly searchable SCDPH database for nursing home reportable incidents. A FOIA request is a good way to get information.
Medicare Compare
The Medicare Compare tool provides some information about nursing home performance. However, they recently updated their reporting policies. They no longer report the number of substantiated claims.
Despite the limitations, Medicare Compare provides citation information and complaint survey information. Star ratings and inspection records available through the site can guide your investigation.
The police
Some incidents at nursing homes are reported to the police. The City of Greenville Police and Greenville County law enforcement routinely produce police reports. Provide as much information as possible in your request. Victim information will be redacted.
The courts
Court records are public. You can search the local court by facility name. Remember that not finding records doesn’t mean that an incident never occurred. The court case may not have been filed yet, or it may be in another court. Plus, there are many reasons that not all incidents lead to legal claims.
Note: SC Long Term Care Ombudsman reports are exempt from public disclosure. You’ll need the resident’s consent or a court order to obtain these records.
What To Do When a Nursing Home Refuses To Provide an Incident Report in SC?
If the nursing home refuses to provide an incident report in SC, there are a few things you can do.
Review your request. Make sure you submit a formal request in writing. See if you left anything out or made mistakes.
Ask the SC Long Term Care Ombudsman for help. Sometimes they can intervene.
Involve law enforcement. If a crime may have occurred, law enforcement can use official channels to access records.
Investigate. If you know who was involved, you can talk to witnesses directly.
Involve a lawyer. A lawsuit may be necessary.
A lawyer can help you proceed.
How Are Nursing Home Incident Reports Used as Evidence in Abuse and Neglect Cases?
A nursing home incident report may be evidence in an abuse or neglect case.
Admissibility. Generally, reports are hearsay. There may be disputes regarding the business-record exception and whether the report was prepared in anticipation of litigation. Your lawyer knows how to address this issue with the court.
Investigation. A report can lead you to witnesses, documents, and legal theories to prove the case.
Impeachment. The report can help you impeach testimony.
A nursing home incident report, by itself, will not prove your case. It’s an important part of building your case.
Why Families in Greenville Need an Attorney To Help Obtain Nursing Home Incident Reports
Nursing homes routinely hide and minimize resident harm. An attorney can help you get a nursing home incident report. At Bobby Jones Law, we protect the rights of nursing home residents.
Call or message us now.
