Commander Nursing Center in Florence, SC, has been cited after state investigators found that the facility “failed to ensure [a resident] had the opportunity to make a health care decision.” In this situation, the facility took a Do Not Resuscitate order signed by a family member without the required signatures from two physicians to determine the resident’s ability to make their own decisions.

The resident’s health changed, requiring cardiopulmonary resuscitation (CPR). The nursing home did not administer CPR, and the resident passed away. The state investigator found a form from South Carolina Emergency Medical Services, signed by a family member, directing medical providers not to intervene in a situation such as this.

The form did not, however, have the signatures from two physicians. The nursing home did not have record of a physician’s order in their electronic records, so multiple staff members looked through their written files for two hours while the state investigator continued to interview nursing home staff. They did not have a physician’s order for Do Not Resuscitate.

This is an essential part of a Do Not Resuscitate order; individuals must be able to make their own health decisions unless they have been reviewed as unable to make their own decisions regarding medical care. A family member may have their loved one’s best interests in mind, but they are not qualified to decide whether or not their loved one can make their own health decisions.

Advance directives, or wishes of an individual regarding their own death, are to be protected and correctly observed. The facility’s policy clearly stated that they should “adhere to residents’ rights to formulate advance directives,” communicating these wishes clearly in every document relevant to a resident’s medical record. Not only were nursing home staff working from an invalid form to care for the resident, but they also struggled to sort through different sources of medical information about the resident. All information in a resident’s medical record should be accurate and consistent between physical and electronic records throughout the nursing home.

The facility also failed to tell the resident’s physician of their change in health. The nursing home called the physician after the resident passed, rather than as their health was failing. The resident’s physician and responsible representatives, such as a family member, should be notified immediately of changes to a resident’s health.

The facility was given a citation code by the state of “immediate jeopardy.” This is a serious level of offense and is often the subject of the citations discussed in this legal blog. The nursing home did submit a correction plan. This plan included a thorough investigation of the records of residents deemed at risk of passing. They would assess the accuracy of these records and notify physicians and resident representatives of the records they had on file.

Commander Nursing Center also created an educational plan for its staff, including the immediate changes the nursing home was making to advance directives and code status. The facility promised to include a review of this policy in their daily morning meeting. The nursing home also planned to monitor the effectiveness of their new measures every week for four weeks and perform a Root Cause Analysis to identify root cause and immediate interventions if a break in policy was identified.

Commander Nursing Center has been cited previously and discussed in a number of our earlier legal blog posts. The facility has been cited for the abuse of a resident in relation to toileting needs, for multiple cases of mishandling instances of abuse, and has been noted as a Special Focus Facility in South Carolina.

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 over 300 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
White Tahoe in a car crash with an ambulance in the background
How Our Attorneys Handle a Nationwide Claim

Nationwide may claim to be “on your side,” but when it comes time to pay a claim, many people learn that doesn’t always hold true. At Joye Law Firm Injury Lawyers, we’ve successfully handled thousands of personal injury claims against…

Joye Law Firm attorney Sydney Lynn is named in South Carolina Lawyers Weekly's 2025 Personal Injury Power List
Joye Law Firm Attorney Named to South Carolina Lawyers Weekly’s 2025 Personal Injury Power List

Joye Law Firm Injury Lawyers is proud to share that Atty. Sydney Lynn, head attorney of the firm’s Columbia office, has been named to South Carolina Lawyers Weekly’s 2025 Personal Injury Power List. The annual Power List highlights attorneys who…

worker injured on duty
Short Term Disability and Workers’ Compensation

When an injury or illness leaves you unable to work, navigating the right type of support can be overwhelming. Especially if you’re unsure which benefits apply to your situation. Some conditions are job-related, while others may arise outside of work,…

car accident trauma
How Joye Law Firm Injury Lawyers Handles Your Farm Bureau Injury Claim

An unexpected injury throws life off script. Suddenly, you’re dealing with pain, medical appointments, and the shadow of mounting bills, all while potentially missing work. Then comes the insurance claim process, adding another layer of complexity when you’re least equipped…

Awards & Recognition
Media
ABC
NBC
Fox
CBS News
ESPN Radio logo