At Brian Center Nursing Home Care – St. Andrews, an altercation between two residents revealed the nursing home’s cavalier attitude toward protecting residents and negligence in following state reporting regulations.

Don’t Wait. Get Help for Nursing Home Abuse Today.

Resident 1 was verbally aggressive with another resident and hit a resident. When approached by a nurse, the resident cursed at her and said they did not “have to do a [expletive] thing.” The nurse reported this to the Director of Nursing and was told to have the resident undergo a psychological evaluation if this behavior continued. The resident was told this and calmed down, with no additional outbursts that afternoon.

Resident 2 was seen smoking on the facility’s front porch and reminded of the smoking policy. The resident, who was accompanied by an aide, responded and affirmed that they understood the policy but had chosen to smoke after getting upset when another resident hit them.

Resident 2 had gone outside to smoke and saw Resident 1. They asked to borrow Resident 1’s lighter, but Resident 1 began shouting and cursing at Resident 2, threatening to harm them. This quickly turned into an altercation, ending in Resident 1 hitting Resident 2 in the arm. They denied that they had used a closed fist to hit Resident 2’s arm.

After the altercation, the residents were separated, interviewed, and examined for injuries.

The second resident complained of a high level of throbbing pain in their arm after the incident. They received pain medication for the injury, which helped. This resident spoke with the Director of Nursing and shared that they no longer felt safe in the facility.

The Director of Nursing gave the resident the option to go to another nursing home facility or home because of their concerns. It is not clear what the resident chose to do after being hit by another resident.

The incident was reported to the State of South Carolina a full three days later. When the state survey team asked for a full investigation report, the facility failed to deliver this necessary document. They shared the witnessing aide’s statement, the statement of a Licensed Practical Nurse (LPN), and the facility investigation conclusion, which was not dated.

The nursing home had a policy affirming that the facility would conduct an investigation of alleged abuse or neglect according to state law, which they, in this case, did not. The Director of Nursing admitted to this failure but said that they and other staff members were new to the facility.

Nursing homes are responsible for the safety of all residents and promise to keep them free from abuse or neglect. Even when another resident chooses to hurt another resident, the nursing home has to bear that responsibility. This is one reason for the state’s citation, but the facility also failed to properly follow state regulations regarding reporting the abuse.

Administrators knew of the resident-to-resident abuse right away but did not report for three days. The state requires nursing home facilities to report abuse and neglect as soon as possible to keep nursing homes from hiding abuse and to keep residents safe. By delaying their communication with the state, Brian Center Nursing Home Care created a space where a resident with an aggressive history was not reported, and other residents were at risk.

The Director of Nursing’s claim that the staff was new to the facility is a poor excuse for failing to follow regulations. These nursing home employees were still required to protect residents and specifically licensed for patient care. There is no excuse for nursing home abuse, no matter the level of experience of the staff.

Don’t Wait. Get Help for Nursing Home Abuse Today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

About the Author

Since 1968, the South Carolina personal injury and workers’ compensation attorneys of Joye Law Firm have been committed to securing compensation for accident and injury victims. Our compassionate and dedicated lawyers have nearly 250 years of combined litigation experience, and many of them have been recognized as South Carolina Super Lawyers. For many years, our South Carolina personal injury law firm has been listed with an AV rating in the prestigious Martindale-Hubbell legal directory.

Recent Blog Post
How to Help Your Injury Lawyer Win Your Case

Personal injury cases are usually David-and-Goliath stories. They’re about average people hurt by the careless or deliberate negligence of a large corporation, or dismissed by a faceless insurance adjuster. So hiring a personal injury lawyer to defend you is already…

Who is Liable if My Child is Injured by Another Child at School?

When someone is injured because of someone else, they can file a personal injury lawsuit to get financial compensation for their injuries, pain, and distress. But the situation becomes more complicated when a minor is involved, and even more so…

Why You Need Renters Insurance

Many apartment complexes require residents to purchase renters insurance in order to live there. However, unlike car insurance, renters insurance may be contractually required but it isn’t legally required. There’s no law that says you need to purchase it, so many people,…

big truck
The Hidden Danger of Big Pickup Trucks

Have you noticed that pickup trucks are getting bigger? It’s hard not to notice their size when a mega truck is blocking your line of sight. Since 2000, the hood height of full-sized trucks has grown by 11 percent, while…

Awards & Recognition
Best Law Firms 2021
Million Dollar Advocates Forum
B Member
Martindale-Hubbell
Best Lawyers 2021 Small
BBB
ASJ Leaders Forum
National Trial Lawyers Top 100
Google Review
Avvo Rating
Media
CBS News
Fox
NBC
ABC