The Omnibus Adult Protection Act defines Neglect as the failure or omission of a caregiver to provide the care, goods, or services necessary to maintain the health or safety of a vulnerable adult including, but not limited to food, clothing, medicine, shelter, supervision, and medical services. Neglect may be repeated conduct or a single incident which has produced or can be proven to result in serious physical or psychological harm or substantial risk of death. Noncompliance with regulatory standards alone does not constitute neglect. Neglect includes the inability of a vulnerable adult, in the absence of a caretaker, to provide for his or her own health or safety which, produces or could reasonably be expected to produce a serious physical or psychological harm or substantial risk of death. 

The staff failed to use the mechanical lift noted in the resident’s care plan. The resident remembered falling and as a result experiencing pain. 

Neglect as defined by the Omnibus Adult Protection Act is substantiated.

Interviews with the staff members revealed things such as:

When I went to change her she was hollering. . . .  I said to her “that leg looks broke. She was turned to the right and the leg was bent in and looked twisted. When we move it, it flopped. The tears were rolling down her eyes. The nurse was in there too. I don’t see how the nurse missed it.

An investigation revealed various prior complaints at the facility, Magnolia Manor of Columbia, including citations noting a prior: “injury of unknown origin” in which DHEC: determined that the facility failed to ensure the residents received adequate supervision and assistance devices to prevent accidents, and failed properly supervise staff to ensure compliance with safety measures.

We obtained these records as a result of Freedom of Information Act requests.  Our investigation into the case and utilization of these details changed a case with no liability appearing at the outset to one in which a swift a nice settlement was reached.