NURSING HOME ABUSE LAWYERS

RALEIGH, NORTH CAROLINA PERSONAL INJURY LAWYER

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When your busy schedule allows you less time to devote to the ones you love, it can be difficult to continue adequately caring for a relative who has special needs and requires extra care. Many times, we have to rely on the help and services of nursing homes and assisted living facilities to give the love and care that we aren't able to provide. Too often, however, nursing home employees neglect residents by providing inadequate care, abusing residents physically or emotionally, and overlooking important medical needs.

We need to take a stand against nursing home employees who neglect and abuse residents. If you or someone you love has been injured or abused while in a nursing home, contact the North Carolina nursing home abuse lawyers at HensonFuerst by calling 1-800-4LAW-MED or filling out a free online consultation form today. We have lawyers who concentrate their areas of practice specifically in nursing home abuse, and they know how to help get the justice you deserve.

How We Can Help

If you suspect someone you love is or has been abused while staying at a nursing home or assisted living facility, contact a North Carolina nursing home abuse lawyer at HensonFuerst. We will discuss your situation and your best course of action. Additionally, our investigators will gather and examine evidence regarding your case, and then a nursing home abuse lawyer will discuss the findings with the nursing home in question. If the nursing home does not agree to a settlement based on your best interests, we will file a lawsuit against the nursing home and take the facility to court.

Common Physical Signs of Nursing Home Abuse and Neglect

Remember to talk to your loved ones and ask them if they've experience physical or emotional abuse from nursing home employees. Give them a chance to talk and reassure them that you're there to help. While loved ones may be experiencing abuse at a nursing home, they may be too frightened to talk about it. Be on the lookout for these common physical signs of nursing home abuse and neglect:

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

Signs of a Careless Staff

Additionally, careless staff members at a North Carolina nursing home often suggest a situation prone to nursing home abuse and neglect. Some common signs of a negligent staff include:

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

Nursing Home Abuse Bill of Rights

The government passed legislation that protects the rights of nursing home residents. This legislation, usually called the "Nursing Home Residents Bill of Rights," includes provisions to protect your loved ones from North Carolina nursing home abuse.

  1. The Right to Be Informed
    Residents have the right to be informed about the policies of the nursing home and about their personal rights. Upon admittance to the home, residents must be informed of these policies and rights.
  2. The Right to Choose a Physician
    Residents have the right to choose their own physicians and pharmacies. They do not have to use the nursing home's physician or pharmacy.
  3. The Right to Know about Medical Conditions
    Residents have the right to be fully informed of their medical conditions, unless their physician believes it is not in the patient's best interest to be told.
  4. The Right to Participate in the Plan of Care
    Residents must be given the opportunity to participate in the planning of their own medical treatment. This includes the right to refuse treatment.
  5. The Right to Be Free from Abuse and Restraints
    Residents have the right to be free from mental and physical abuse and chemical and physical restraints. Only a physician can authorize a restraint, and this can happen only when there is a threat of injury.
  6. The Right to Privacy, Dignity, and Respect
    Residents have the right to be treated with consideration, respect, and full recognition of their dignity and individuality, including privacy in treatment and in care of their personal needs.
  7. The Right to Manage Personal Finances
    Residents have the right to either manage their own funds or authorize someone else to manage them. If residents authorize the nursing home to handle their funds, they have additional rights:
    • To know the whereabouts of their funds and account numbers
    • To receive a written accounting statement every three months
    • To receive a receipt for any funds spent
    • To have access to their funds within seven banking days
  8. The Right to See Visitors
    Residents have the following rights regarding visitation:
    • Residents may receive any visitor of their choosing, may refuse a visitor permission to enter their rooms, and may end a visit at any time.
    • Residents have the right to immediate access by family and reasonable access to others.
    • Eight visiting hours per day must be must be posted in a public place.
    • Members of community organizations and legal services may enter any nursing home during visiting hours.
    • Communication between residents and visitors is confidential.
    • Visitors may talk to all residents and offer them personal, social, and legal services.
    • Visitors may help residents claim their rights and benefits through individual assistance, counseling, organizational activity, legal action, or other forms of representation.
  9. The Right to Confidentiality
    Residents have the right to confidentiality of personal medical records and the right to access those records within 24 hours after a request.
  10. The Right to Be Made Aware of Services and Charges
    Residents have the right to be made aware of the nursing home's services and of the charges related to those services. This includes charges for services not covered by the facility's fee, Medicare, or Medicaid.
  11. The Right to Voice Grievance without Retaliation
    Residents have the right to voice grievances and recommend changes in policies and services to facility staff and/or outside representatives of their choice without fear of coercion, discrimination, or reprisal.
  12. The Right to Organize and Participate in Groups
    Residents have the right to organize and participate in resident groups in the nursing home. Residents' families also have the right to gather in the facility with families of other residents.
  13. The Right to Participate in Social, Religious, and Community Activities
    Residents have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the nursing home.
  14. The Right to Examine Reviews
    Residents have the right to examine the results of the most recent review of the nursing home. The government requires nursing homes to be reviewed once a year.
  15. The Right to Remain in the Nursing Home
    Residents may only be discharged or transferred for medical reasons, for their welfare, or for the welfare of other residents. They must be provided with a written 30-day notification of the transfer or discharge.

Nursing Home Abuse FAQ

We have listed some commonly asked questions about North Carolina nursing home abuse. If you have a question that is not answered here, please feel free to contact a North Carolina nursing home abuse lawyer at HensonFuerst. Together we can work toward erasing North Carolina nursing home abuse.

  1. If I take legal action against the nursing home, will the abuse stop?
    It should. If it is clear from the start who committed the abuse or neglect, the nursing home will probably remove the employee(s) on its own. If it is not clear who committed the nursing home abuse, our investigators will attempt to find out. We will push for the abusers to be removed from their positions immediately. Contact a nursing home abuse lawyer at HensonFuerst today to find out more.
  2. How do I get my loved one out of the nursing home?
    If the resident is in danger and you feel you must remove him or her from the nursing home at once, we suggest contacting a local at-home health service with which you feel comfortable. Check your Yellow Pages to find a service or call HensonFuerst. We can recommend a home health service for you. If you can't afford an at-home service, you might consider hiring a nurse to watch your loved one in the nursing home.
  3. What if a resident says the nursing home is abusive, but the resident has dementia or Alzheimer's?
    Listen to the resident. Look for the visible signs (see our "Signs of Abuse" page). If you see any of the signs of nursing home abuse or neglect, call us. We'll consult with you for free, and, if we believe abuse or neglect has occurred, we'll put our private investigators to work on the case.
  4. Can a nursing home evict a resident?
    Residents can only be discharged for the following conditions:
    • If they fail to pay rent.
    • If they pose a danger to other residents.
    • If they need special medical attention that the home doesn't have.
    • If their condition improves so they no longer need the home.
    • Residents cannot be discharged for minor issues like how clean they keep themselves or their rooms.
    • Residents have the right to appeal any discharge.
  5. How much will a HensonFuerst nursing home abuse lawyer charge?
    There is no charge for your first visit or telephone call. All your questions will be answered and there is no obligation. We never charge a fee for injury cases unless we obtain a recovery for you. Our fee is a percentage of your recovery.
  6. How long will it take to remedy the situation and ensure the safety of my loved one?
    Our first move is always to help you understand your options, so you can get your loved one safe as soon as possible. The total length of time a North Carolina nursing home abuse or neglect case takes depends on the specific case. In some cases the abuse and neglect are so terrible that the nursing home wants to settle out of court right away. In other cases, the nursing home doesn't feel the abuse and neglect was significant, and they take a longer time to make an acceptable offer. They may wait and let a judge and jury decide the penalty for them. However, in the meantime, we constantly do everything we can to move our clients' cases forward toward settlement. Contact the nursing home abuse lawyers at HensonFuerst today.
  7. How do courts measure the worth of a nursing home abuse injury?
    The worth of your case depends on many factors, including how the abuse or neglect occurred, what injuries were suffered, future medical problems, the amount of medical expenses, and future medical costs, as well as estimates of pain and suffering. To help determine the worth of a victim's pain and suffering, courts use rulings and awards from previous abuse and neglect cases. We use these same previous rulings and awards, as well as tabulations of monetary loss, to calculate our offer to the nursing home. In the end, however, the monetary value of your case will be determined by either the maximum settlement amount offered by the nursing home, or the maximum amount awarded by a judge and jury if your case goes to court.

Most experts would rate stress as a major factor contributing to abuse and neglect in nursing homes. Nursing home employees are usually paid less than hospital employees and are expected to see more patients in a shorter period of time, which is a very stressful situation. Other contributing factors can be psychological, social, or economic problems of the abuser. Each case is different; call HensonFuerst today to discuss your unique case. The bottom line is none of these factors are excuses for abuse or neglect. We trust nursing homes to take good care of the people we love. No excuse can account for the pain of seeing a loved one hurt.


Free Consultation

If you've been injured, contact a Raleigh, North Carolina personal injury lawyer at HensonFuerst today. We have offices located in Raleigh, Rocky Mount, and Boone, North Carolina, so we are uniquely situated to advocate for clients throughout the state, from the mountains to the coast, including Durham, Greenville, Chapel Hill, Goldsboro, and Fayetteville. Complete a FREE consultation form online or call us today.

HensonFuerst handles the following types of personal injury cases: auto accident, brain injury, drug injuries, defective products, fire and burn injury, medical malpractice, motorcycle accident, nursing home abuse, Social Security Disability, truck accident, workers' compensation, and wrongful death.

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