Charlotte Nursing Home Negligence Lawyer

Charlotte, NC Nursing Home Negligence Attorney

Most people, regardless of their ages, want to live their lives in their own homes. When they are no longer able to do that for medical reasons, people seek care in nursing homes. Unfortunately, cases of nursing home negligence and nursing home abuse are far too often overlooked. If your loved one has been the victim of nursing home abuse, an experienced Charlotte nursing home negligence lawyer can help you take proper action.

At Elam & Rousseaux, PLLC, we are advocates for the victims of nursing home negligence.

Fight Back Against Nursing Home Abusers

Nursing home staff members who are guilty of negligence or abuse should be held responsible for their actions. Just because people are elderly and in poor medical shape does not mean they don’t have rights.

All North Carolina nursing home residents have rights protected by state law, including the right to be treated with respect, consideration, and dignity and to receive care and services that are adequate, appropriate, and in compliance with federal and state laws, rules, and regulations, and to live free of mental and physical abuse, neglect, and exploitation.

Your loved one deserves the same standard of care from a nursing home that they would receive at a hospital or any other health care provider.

There Are at Least Five Types of Nursing Home Negligence

Nursing home negligence comes in various forms, including:

1. Medical Neglect Is Failure to Treat the Patient’s Problems Appropriately

   Medical neglect in a nursing home is the failure of the staff to treat or prevent health problems properly. This can include improper medication administration, not providing necessary treatments, and the lack of timely response in emergencies.

2. Physical Neglect Is Failing to Give Proper Care and Necessities

   Physical neglect is failing to provide basic physical care and necessities that humans need. This can be not providing bathing, grooming, or dental care, not providing balanced meals, allowing the patient to become dehydrated, or not appropriately cleaning or fixing clothing.

3. Emotional or Psychological Neglect

   Emotional and psychological neglect is when the mental health needs of residents are ignored or not adequately addressed. This can cause social isolation, mood changes, unresponsiveness, and other changes in behavior.

4. Personal Hygiene Neglect

   Personal hygiene neglect is when staff does not assist residents with their basic personal care needs, and can result in an unkempt appearance, dirty clothing, poor oral hygiene, body odor, skin conditions, and incontinence issues.

5. Environmental Neglect

   Environmental neglect is when staff fails to maintain a safe, clean, and properly equipped living environment for the residents. Common signs of environmental neglect can be unclean and poorly maintained living conditions, pest infestations, inadequate safety measures, and insufficient staffing. This can lead to physical injuries, health problems, and a decrease in quality of life.

Difference in Nursing Home Abuse From Neglect

Nursing home abuse and neglect are different, mainly because with abuse, there is intent. Negligence is the failure to follow the standard of care, regardless of whether or not it was intended to happen.

Potential Compensation for Your Loved One

The damages you can recover may include economic, non-economic, and punitive damages.

Economic damages are financial losses the victim and their family suffered due to the negligence, including medical bills, rehabilitation costs, or potential funeral and burial costs. Non-economic damages are not monetarily quantifiable but provide compensation for pain and suffering, loss of enjoyment of life and companionship, and emotional distress.

Punitive damages are not as common and are only awarded when the nursing home’s conduct was particularly egregious or reckless and are meant to punish the nursing home or staff member.

The amount you may receive will depend on the severity of the harm, the level of negligence or misconduct by the nursing home or staff, the overall impact of the harm on the resident’s life, and how strong the evidence is.

Statute of Limitations

In North Carolina, nursing home neglect cases typically fall under personal injury or medical malpractice claims. This means the statute of limitations is generally three years from the date of the injury or when the injury was discovered. If the neglect leads to the resident’s death, the statute of limitations is two years from the date of the death.

There are special circumstances that will increase the statute of limitations, such as if the resident is mentally incapacitated and unable to file a claim. This requires a guardian or representative to file it on their behalf, meaning they may need additional time. Another special circumstance is if the nursing home or staff actively conceals the neglect, and the clock will start when the concealment is discovered.

We Are Here To Support You

There is a tremendous reluctance on the part of society to recognize that nursing home residents are being treated poorly, mainly because people do not want to hear about it. However, when it happens to a member of your family, things change. By standing up for your loved one’s rights today, you can make sure that they get proper medical and financial compensation, and you can take action to help prevent future cases of nursing home negligence.

Many of our clients have suffered from the following:

• Medication errors
• Failure to monitor
• Falls
• Ulcers
• Inadequate staffing
• Bed sores
• Dehydration
• Malnutrition

How Long Will It Take?

While every case is different, the average nursing home lawsuit can take a few years to resolve, especially if it goes to trial. It can take time to investigate, gather evidence, and negotiate a settlement, plus court availability.

The most effective way to speed up a nursing home negligence case is to hire an experienced attorney who can efficiently navigate the process with you, promptly gather evidence, and adhere to legal procedures on time.

FAQs

Q: What Is Nursing Home Negligence?

A: Nursing home negligence is when nursing facility residents experience improper care, leading to physical and emotional harm, illness, and death. It differs from abuse because abuse is the direct action taken by a person against another with the intent to harm. Negligence is inaction from a nursing home staff member or employee. The most common types of neglect are physical, medical, emotional or psychological, environmental, and personal hygiene.

Q: What Are Common Signs of Nursing Home Negligence?

A: Some of the most common signs of nursing home negligence may be weight loss or gain, dehydration, malnutrition, bedsores or infections, lack of personal hygiene, sudden behavior changes such as anxiety, depression, anger, self-harm, or withdrawal, or new and serious medical complications. Other signs not directly related to health are limited communication from staff and unusual restrictions on visiting hours.

Q: What Damages Can be Recovered in a Nursing Home Negligence Lawsuit?

A: In a nursing home negligence lawsuit, the damages you could recover are economic, non-economic, and potentially punitive damages. Economic damages include quantifiable losses such as medical expenses, long-term care costs, and funeral and burial expenses. Non-economic are subjective and compensate for pain and suffering, emotional distress, and loss of enjoyment of life or companionship.

While not as common as economic and non-economic damages, punitive damages are meant for particularly egregious situations to punish the medical professional for their actions.

Q: How Much Time Do I Have to File a Lawsuit for Nursing Home Negligence in Charlotte?

A: The time you have to file a lawsuit for nursing home negligence follows the North Carolina statute of limitations. For personal injury and medical malpractice claims, you have three years from the date of the incident, and wrongful death lawsuits must be filed within two years of the death. There are some exceptions if the injury was not discovered immediately or the injured person was a minor.

Call Our Team for Assistance

Nursing home negligence does not stop with medical errors, either. Oftentimes, elderly patients who are no longer able to protect themselves are the victims of physical abuse. Attorney William H. Elam has extensive experience in the area of nursing home negligence, even serving as a lecturer on the topic. Call 704-343-0000 or send us a message online now to schedule a free case evaluation with a skilled Charlotte medical malpractice attorney.