Not letting nursing homes get away with negligence
When it comes to finding a nursing home for their loved ones, families do everything they can to find an environment that feels supportive and safe. And yet, despite these efforts, many residents sadly become the victims of nursing home abuse or neglect.
Every year, numerous families are impacted by nursing home abuse, with a significant number of abuse cases reported. In 2020, more than 15,000 complaints filed with nursing home ombudsmen were related to abuse or elder neglect.
According to a recent study, approximately 24.3% of residents experienced at least one instance of physical abuse while in a nursing home or skilled nursing facility.
Nursing home residents may suffer physical, sexual, emotional, or financial abuse from a caregiver, staff member, or even a fellow resident. The abuse may even take the form of neglect, which is when a resident is harmed by substandard or improper care.
An experienced North Carolina nursing home abuse lawyer with DeMayo Law Offices can help families secure compensation for recovery and help reduce incident rates in North Carolina.
At DeMayo Law Offices, Your North Carolina Law Firm™, our nursing home abuse attorneys are prepared to handle the unique challenges of an elder abuse case by aiding family members through the litigation process and securing compensation for recovery.
For a free legal consultation with a Personal Injury lawyer serving North Carolina, call (877) 333-1000
While neglect may not involve the same level of physical violence as other types of nursing home abuse, its impact on the physical and mental health of older adults can be equally detrimental.
Recognizing that victims of nursing home neglect have the right to pursue legal recourse is essential.
If you suspect nursing home neglect or abuse, it is crucial to consult a
nursing home abuse lawyer as soon as possible.
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Sprains or broken bones
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Burns or bruises mysteriously appearing
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Repetitive injuries
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Torn or bloody clothing
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Bruising around the genital area
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Sudden changes in behavior
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Onset of depression or confusion
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Changes in legal documents or bank statements
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Unexplained loss of weight
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Loss of appetite
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Appearance of bedsores
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Skin rashes, messy clothes, or dirty hair
If you notice any of these signs, you should immediately report them to the appropriate parties. Furthermore, North Carolina law requires reporting when ANYONE suspects an older or disabled adult is being abused, neglected, or exploited. The reporter’s name is kept confidential, and they’re protected from civil and criminal liability if they reported in good faith.
Contact the victim’s county Department of Social Services for suspected abuse.
Contact the Division of Health Services Regulation to file a complaint.
How likely is it that nursing home abuse can occur?
According to the Nursing Home Abuse Center, it is alarmingly likely that an elderly person could suffer from nursing home abuse.
A survey conducted by the World Health Organization in 2017 found that more than 60 percent of nursing home staff said they had abused residents in some way. Last year, the Office of Inspector General released a report showing that one in five emergency room visits from nursing homes were related to abuse.
North Carolina Nursing Home Negligence Lawyer Near Me (877) 333-1000
Signs of nursing home abuse or negligence
While it is unfortunate that nursing home abuse and neglect occurs, it is important that you watch for signs and be aware of the treatment being provided. Nursing home abuse and neglect are not just limited to physical harm. It can also include emotional abuse, such as yelling at a resident or bullying them.
Some of the more frequent signs of nursing home negligence and abuse include:
Weight loss
This may be a sign of nursing home neglect because your loved one may not be receiving the necessary type or amount of food.
Inattentive staff
If you notice that the staff is ignoring problems or requests, it can be a sign of nursing home neglect.
Poor personal hygiene
If, for example, baths aren’t being provided on a regular basis, this can show that the nursing home has been neglecting care for its elderly residents.
Unsanitary facility
The nursing home facility must be clean and well maintained. Letting trash build up, having dirty restrooms, having a dirty kitchen area – all of these can be signs that the nursing home is guilty of negligence
Bedsores
Bed-ridden people need to be moved so that prolonged pressure on the skin does not cause bedsores. Bedsores are fairly common in nursing homes, but in some cases, they may be signs of nursing home negligence.
Bruises
If your loved one is suffering from unexplained or frequent bruising, it could be an indication that the nursing home staff is mistreating them. This would be considered physical abuse.
Falling
Proper nursing home care should help prevent residents from falling and getting injuries. If you see any nursing home residents falling, or hear reports of a loved one who fell, it may be a sign of nursing home negligence.
Restraints
Restraints used in nursing homes can be physical, like placing a resident in a wheelchair in front of a wall, or chemical, with excessive drugging. Restraining residents is all too common and can indicate negligence.
Being non-communicative or withdrawn
If your loved one seems distant and unresponsive, it may be a sign of emotional nursing home negligence. They may be getting yelled at by nursing home staff and have become afraid to speak up.
Strange behavioral changes
If your loved one adopts strange or unusual behaviors like biting or rocking in place, it can be a sign of emotional nursing home negligence.
Vague explanations from staff
If the nursing home staff only provide vague or uninformed reasons when you present your concerns regarding possible neglect on their part, they might be trying to cover it up.
Elder abuse or neglect can result in economic losses as well as non-economic related suffering.
Compensation for nursing home abuse or neglect can include money for:
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Medical expenses
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Disability
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Therapy/rehabilitation
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Pain and suffering
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Mental anguish
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Wrongful death
When the DeMayo Law Offices take a case, we dedicate our time and resources to:
Examining the claim and obtaining evidence such as medical records, witness testimonies, resident files, photos of the injuries and living conditions
Speaking with staff to inform them of the situation and ensuring all parties involved cooperate in the investigation
Pursuing the maximum compensation your loved one deserves
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Elder abuse in North Carolina
Unfortunately, elder care staff are often overworked or untrained employees that are ill-prepared to manage patients with diverse medical needs.
North Carolina’s senior population is on the rise. It’s estimated that by 2035, one in five residents will be ages 65 or older.
Since nursing home abuse and neglect has increased, a bill of rights has been established to protect the rights of nursing home residents and to ensure regulations are maintained correctly.
FAQs: About Elder Abuse
Our elder abuse lawyers have experience working with different types of abuse cases and are frequently asked questions about elder abuse and how to detect it. Learn more about this growing issue in our country and what to do about it.Although the exact definition may vary between states, nursing home negligence can generally be defined as the failure to provide any nursing home resident with the services they need for health and safety. For many nursing home residents, this can include shelter, food, drink, medical care, clothing, sanitary conditions, and other needed provisions.
According to the National Council on Aging (NCOA), around 10 percent of Americans age 60 and over have been abused in some way–some estimates say about 5 million elders experience abuse each year. Of those cases, only about 1 in 14 are actually reported.
Often, those who experience elder abuse are socially isolated in some way or are mentally impaired. In fact, almost half of patients diagnosed with dementia are abused in some way, according to the NCOA.
Both elderly men and women are abused, but two out of three elder abuse victims are women. If you are worried about your elderly loved one being abused in a nursing home, be sure to document any possible signs of abuse you see, and keep in mind that abuse may be caused by either an employee or another resident.
If you suspect elder abuse in any situation, contact the North Carolina Division of Facility Services immediately to file a complaint or call 9-1-1 in case of an emergency. After that, you should reach out to a DeMayo Law Offices elder abuse attorney to review your concerns. A skilled attorney will be able to investigate your suspicions and advise you on steps you should take to keep your loved one safe.
If you are filing a nursing home negligence claim, it is a good idea to write down or document various pieces of information. This will only help your nursing home negligence claim, as well as be of great value to your DeMayo Law Offices nursing home negligence lawyer. Some of the items you should document include:
- Your relationship to the nursing home resident
- Time and date of the nursing home negligence incident(s)
- Contact information for you and the nursing home resident
- Names and contact information of nursing home staff
- Names of nursing home staff who are involved in the nursing home abuse
- List of resulting injuries
- Medical records prior to and after the nursing home negligence
- Reasons for resident needing the care of the nursing home
If you believe that you or a loved one has been the victim of nursing home negligence or abuse, contact DeMayo Law Offices to schedule your free initial consultation.
Each person entitled to any portion of the estate must be informed of a nursing home negligence claim if it is being filed. This does not mean, however, that all persons are entitled to a portion of the settlement.
Nursing home abuse is a serious problem that can lead to death in some cases.
The nursing home abuse lawyers at DeMayo Law Offices, Your North Carolina Law Firm™, are dedicated to helping families who find themselves and their loved ones in this difficult situation.
Our experienced nursing home negligence lawyers work on a contingent-fee basis, which means you don’t pay us unless we win your case.
Call (866) 338-7477 today, or contact us online for a FREE consultation.
