Every year there are more horrible reports of nursing home neglect on the part of care providers we thought we could trust. The North Carolina nursing home neglect lawyers at Daggett Shuler are dedicated to nursing home reform. You have a right to expect more out of the nursing home industry.
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. Visit our Signs of Abuse page to see some common examples of nursing home abuse and neglect or to contact a North Carolina nursing home neglect lawyer today.
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.
Signs of Abuse
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 resident’s room
- Abnormally pale complexion
- Fecal/urine odors
- Poor personal hygiene or other unattended health problems
Signs of a Careless Staff
A careless staff often suggests a situation prone to nursing home abuse and neglect.
Signs to look for include:
- Lack of proper heating or cooling in the nursing home
- Caregiver’s inability to explain the resident’s condition
- Caregiver’s refusal to allow visitors to see resident alone
- Caregiver allowing the resident to wander off the premises
- Sudden change in the resident’s medication
What should I do if I suspect a loved one is suffering from nursing home abuse in North Carolina?
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.
What is the statute of limitations for a nursing home abuse case in North Carolina?
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.
How do I report nursing home abuse in North Carolina?
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
What are the laws regarding nursing home abuse in North Carolina?
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 one’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.
How much does a nursing home neglect attorney cost?
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.
What is the value of my nursing home abuse 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.
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 expertise 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.