Understaffing in a nursing home can result in abuse and neglect. Our experienced Greenville nursing home abuse lawyer at Bobby Jones Law explains how.
What Are the Legal Staffing Requirements for SC Nursing Homes?
SC nursing home staffing requirements come from four sources:
- Medicare regulations. Most nursing homes in SC accept Medicare and Medicaid funds, so they must comply with staffing requirements set by the Centers for Medicare & Medicaid Services (CMS). CMS rules require facilities to assess and meet the needs of their residents. Note that CMS nursing home staffing requirements have recently changed.
- South Carolina nursing home regulations. South Carolina imposes minimum staffing requirements for nursing homes. These requirements include a registered nurse serving as the full-time Director of Nursing. Another nurse must be designated to act in their absence. There are minimum requirements for nurses on duty.
- Nursing home Bill of Rights. South Carolina has a nursing home Bill of Rights that protects residents’ dignity and their right to be free from abuse.
- South Carolina negligence laws. South Carolina requires nursing homes to adequately staff their facilities by holding them accountable when they don’t. When nursing home understaffing results in harm, the injured resident may claim monetary compensation.
These legal requirements set direct and indirect staffing standards for nursing homes. If you’re the victim of an understaffed nursing home, you may have a claim for monetary compensation.
How Widespread Is Nursing Home Understaffing in South Carolina?
The SC Daily Gazette reports that more than 1/3 of South Carolina nursing homes are below average in staffing. They report that three SC care facilities were formally cited for insufficient staff in one year.
The State reports that there are 188 nursing homes in South Carolina. That means thousands of people call care facilities their homes. The Long-Term Community Care Coalition says that these residents generally need just over four hours of nursing care each day. They note that only 26% of facilities nationwide meet that standard.
Nursing home staff turnover can be another sign of understaffing. Medicare reports an average annual staff turnover among nurses in South Carolina of 47%, above the national average of 33.6%.
Nursing home understaffing in South Carolina is a widespread problem. When someone in a care facility is injured because of abuse or neglect, understaffing may be an underlying cause.
How Understaffing Directly Causes Nursing Home Abuse and Neglect
Here are some ways that understaffing in nursing homes directly causes abuse and neglect:
- Rushing. Workers may rush through tasks without carefully checking information and following procedures.
- Memory. With more patients to care for, an employee may forget details that are vital to that care.
- Support. Workers may be less likely to ask for help when they encounter difficulties and unusual situations.
- Communication. Fewer people may mean less information sharing. Briefings and communication may be minimal, so care may not be coordinated.
- Training. Fewer opportunities for education and knowledge sharing can lead to less knowledge within the work group.
- Response. Response times for critical events may be slower. There may be fewer resources to respond.
- Supplies. Supplies may be missing or out of date because staff don’t notice or have time to order new items.
- Retention. The facility may keep workers on staff even if they’re unqualified.
- Updates. Staff may not have time to update systems and procedures, leading to outdated care.
- Turnover. Fewer employees may lead to higher turnover if staff are overworked and burnt out.
- Shortcuts. Tired staff members may try inappropriate shortcuts.
- Tailoring. A resident who needs a personalized care plan may not receive the individual attention that they deserve.
Types of Injuries Caused by Nursing Home Understaffing
Injuries caused by nursing home understaffing commonly include:
- Falls
- Bedsores
- Infection
- Medication mix-ups
- Poor nutrition, dehydration
- Inadequate personal care
- Lapses in medication
- Social isolation
- Emotional abuse
- Medicating to control the resident
- Use of restraints
Can a Nursing Home Be Held Liable for Understaffing in SC?
Yes. A nursing home can be held liable for understaffing in SC. Negligence laws apply to care facilities in the Greenville, SC area. If understaffing results in patient harm, the victim may claim damages. The victim must present evidence showing that understaffing occurred and that it caused harm. They may build their case in the legal discovery process.
What Compensation Can Families Recover for Understaffing-Related Injuries?
Families can recover economic and non-economic damages for nursing home understaffing injuries. Economic losses usually include increased medical bills and out-of-pocket costs to treat the injury. Costs may also include a longer stay in the facility.
Non-economic damages may include physical pain and suffering, emotional anguish, and inconvenience. Compensation is proportional to the extent of harm and actual losses.
In cases of extreme misconduct, the victim may seek punitive damages.
What To Do If You Suspect Your Loved One’s Greenville Nursing Home Is Understaffed
If you suspect your loved one’s Greenville nursing home is understaffed, you may Report Nursing Home Abuse in South Carolina. You may need to take immediate steps to meet your loved one’s care needs and protect their safety. Harm from understaffing in nursing homes may be acute or chronic. It’s important not to ignore the warning signs.
If your loved one is harmed, seek immediate medical attention. Report any harm to the facility and keep a record of reports and investigations. Assess their short-term and long-term needs as you make a care plan. Take photos and save tangible items that may be relevant. Identify workers and other residents who may be witnesses or have information.
Involve an experienced Greenville nursing home abuse lawyer early in the process.
Contact an Experienced Greenville Nursing Home Abuse Lawyer
It can be hard to know what to do when you or a loved one is injured by nursing home understaffing. You deserve answers and justice. You may have a claim for monetary compensation.
Bobby Jones Law represents injured nursing home residents and their families. We invite you to contact us for legal help and schedule a free consultation with a lawyer. See what your claim may be worth and how a lawyer can help. Call or message us now.
