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Nursing Home Abuse Lawyer

You trust nursing homes with the health and well-being of your loved one. When a provider breaks your trust and fails to provide proper care, the nursing home neglect lawyers at Daggett Shuler are ready to step in.

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Could Your Loved One Be Suffering from Nursing Home Abuse? Look For The Signs.

North Carolina nursing home neglect occurs when a nursing home causes injury by not taking proper care of a resident. Abuse is not always easy to discover, but the signs of abuse can make themselves evident in several ways.

The easiest way to uncover abuse or neglect is to communicate with your loved one. Give the resident every opportunity to tell you about neglect or abuse. If the resident mentions being neglected or abused, look for some of the common physical signs of nursing home abuse and neglect.

Common physical signs of nursing home abuse and neglect include:

  • Untreated bedsores
  • Open wounds, cuts, bruises, or welts
  • Torn clothing or broken personal items
  • Bruises in a pattern that would suggest restraints
  • Excessive and sudden weight loss
  • Fleas, lice, or dirt on the resident or in the residentโ€™s room
  • Abnormally pale complexion
  • Fecal/urine odors
  • Poor personal hygiene or other unattended health problems

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Nursing home facilities have their best interests in mind. We fight for your familyโ€™s best interests.

How do I report neglect in a nursing home?

Due to the prevalence of nursing home abuse and neglect, there are advocates for residents in long-term care facilities, as well as board and care homes. These advocates are called ombudsmen, and they are fully trained on how to help residents and families file complaints against care facilities.

The Long-Term Care Ombudsman Program was created in 1972, and since then, they have been dedicated to helping residents, families, staff and the community to understand the rights of nursing home residents. In fact, every state in the nation has ombudsmen, and there are approximately 8,000 people who volunteer and dedicate their time for the rights of residents. There are a variety of benefits that a long-term care ombudsman can provide, including:

  • Investigating complaints made either for or by residents in nursing homes, such as nutrition, personal hygiene and medications
  • Educating families and long-term care staff about the rights of residents and the state and federal laws for nursing home residents and staff
  • Helping families choose a nursing home facility for their loved ones
  • Presenting important facts about resident rights and long-term care legislative issues
  • Motivating and promoting community involvement
  • Answering questions about the financial affairs of residents including Medicare, Medicaid and Social Security

At Daggett Shuler, we understand that sending your loved one to a nursing home is a difficult decision. You want your loved one to be cared for 24/7, by a dedicated staff that will always act in the best interests of your loved ones. Yet, not all staff or facilities uphold ethical standards, as nursing home abuse and neglect is an extremely serious issue. Approximately one third of all nursing homes have residents who are victims of abuse. In cases of abuse, your loved ones have rights that have been grossly violated. Itโ€™s time for justice for you and your family.

Nursing Home Abuse Attorneys Standing Up for Those Who Can't Speak for Themselves

How do you know you chose the right nursing home?ย When your loved one is healthy and happy, and you're assured that they're in good hands. However, when your loved one isn't acting like themself and you have doubts, something is not right. During this critical time, you must trust your instincts. Your loved one may be suffering from nursing home abuse and neglect, and you must take action as soon as possible.

Unfortunately, many nursing homes nationwide continue to cut corners to keep making a profit. If you suspect that they are not receiving the highest standard of care they deserve, the nursing home abuse and neglect lawyers at Daggett Shuler are ready to speak with you for free. We will answer every question and help ensure your family receives the justice they deserve.

At Daggett Shuler, our first focus is helping you, listening to you, and letting you know everything you can do to help your loved one. Our North Carolina nursing home neglect lawyers are committed to helping you and using our legal experience to eliminate nursing home neglect in North Carolina. The more clients we help, the closer our community comes to having nursing homes that are free from abuse and neglect.

Signs to look for include:

  • Lack of proper heating or cooling in the nursing home
  • Caregiverโ€™s inability to explain the residentโ€™s condition
  • Caregiverโ€™s refusal to allow visitors to see resident alone
  • Caregiver allowing the resident to wander off the premises
  • Sudden change in the residentโ€™s medication

Frequently Asked Questions

If you suspect a loved one is a victim of nursing home abuse, immediately seek medical attention for them. After they have seen a medical professional, you may file a complaint with the NC Division of Health Service Regulation. After filing a complaint, contact an experienced Nursing Home Neglect lawyer at Daggett Shuler Law for help. Our lawyers will work hard to get your loved one the maximum compensation they deserve.

In North Carolina, there is a 3-year limitation for filing a nursing home abuse claim. Once that statute of limitations has expired, you will be unable to file a lawsuit in a nursing home abuse case. Therefore, if you suspect a loved one is being abused, report it right away.

There are advocates for residents in long-term care facilities, as well as board and care homes. These advocates are called ombudsmen, and they are fully trained on how to help residents and families file complaints against care facilities. The Long-Term Care Ombudsman Program was created in 1972, and since then, they have been dedicated to helping residents, families, staff and the community to understand the rights of nursing home residents. There are a variety of benefits that a long-term care ombudsman can provide, including:

  • Investigating complaints made either for or by residents in nursing homes, such as nutrition, personal hygiene and medications
  • Educating families and long-term care staff about the rights of residents and the state and federal laws for nursing home residents and staff
  • Helping families choose a nursing home facility for their loved ones
  • Presenting important facts about resident rights and long-term care legislative issues
  • Motivating and promoting community involvement
  • Answering questions about the financial affairs of residents including Medicare, Medicaid and Social Security

A variety of federal laws are in place protecting the elderly in the United States. More specifically, the Nursing Home Reform Act was enacted in 1987 which was created to ensure nursing home residents receive fair and quality care. This act established the following legal rights for nursing home residents:

  • The right to freedom from abuse, mistreatment, and neglect
  • The right to freedom from physical restraints
  • The right to privacy
  • The right to accommodation of medical, physical, psychological, and social needs
  • The right to participate in resident and family groups
  • The right to be treated with dignity
  • The right to exercise self-determination
  • The right to communicate freely
  • The right to participate in the review of oneโ€™s care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility
  • The right to voice grievances without discrimination or reprisal.

If a nursing home in North Carolina is in violation of any of these rights, the state has the authority to impose a variety of penalties.

The initial case review and consultation with an attorney at Daggett Shuler Law is free. Most cases we sign are on a contingency fee basis. This means that you owe us nothing unless we win or settle your case.

Every case is different and therefore the value of each case will be different as well. It depends on a variety of factors such as how long the abuse took place, the type of abuse, the severity of injuries sustained, current and future medical costs, as well as pain and suffering. An experienced North Carolina Nursing Home Abuse lawyer at Daggett Shuler will be able to assess your case and work to seek the maximum compensation you deserve for your claim.

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What are the warning signs of nursing home abuse?

With the growth of Americaโ€™s elderly population, the demand for elderly care facilities is increasing as well. Family members send their loved ones to nursing homes and expect the facility to abide by laws set forth and treat their loved ones with the care and respect they deserve.

Unfortunately, that is not always the case. It is estimated that 1-2 million U.S. citizens, ages 65 or older, have been mistreated, exploited or injured by a caregiver.

If your loved one is in a nursing home, the nursing home abuse attorneys at Daggett Shuler advise looking out for these common signs of nursing home abuse which may include:

  • Untreated bedsores
  • Open wounds, cuts, bruises, or welts
  • Torn clothing or broken personal items
  • Bruises in a pattern that would suggest restraints
  • Excessive and sudden weight loss
  • Fleas, lice, or dirt on the resident or in the residentโ€™s room
  • Abnormally pale complexion
  • Fecal/urine odors
  • Poor personal hygiene or other unattended health problems

Additionally, we recommend that you evaluate the staff working at the nursing home facility. A careless staff often suggests a situation prone to nursing home abuse and neglect. Common signs of nursing home abuse caused by careless staff include:

  • Lack of proper heating or cooling in the nursing home
  • Caregiverโ€™s inability to explain the residentโ€™s condition
  • Caregiverโ€™s refusal to allow visitors to see resident alone
  • Caregiver allowing the resident to wander off the premises
  • Sudden change in the residentโ€™s medication

At Daggett Shuler Law, our focus is helping you, listening to you, and letting you know everything you can do to help your loved one. Our North Carolina nursing home abuse lawyers are committed to helping you and using our legal experience to eliminate nursing home abuse and neglect in North Carolina. The more clients we help, the closer our community comes to having nursing homes that are free from abuse and neglect.

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