Charlotte Nursing Home Abuse Attorneys
Help for victims of nursing home negligence and neglect in North Carolina
Making the decision to place a loved one into a nursing home or assisted care is never an easy one. When an elderly or disabled family member needs the care that you can no longer provide, however, you turn to nursing homes and long-term care facilities and medical professionals. We expect those professionals to treat our loved ones with care and provide them a safe environment in which to live. Unfortunately, sometimes they fail in this duty and our family members suffer harm as a result.
While the state of North Carolina must conduct inspections of nursing homes, they will not be able to catch every possible infraction or hazard. These loopholes can result in abuse, neglect, and negligence. At Price, Petho & Associates, our team of Charlotte nursing home abuse attorneys is dedicated to protecting our elderly and vulnerable citizens from injuries and harm. For nearly 40 years, we have shown a commitment to holding nursing homes responsible when they mistreat patients, and helped those clients obtain the compensation they deserve.
What would you like to know?
What is nursing home abuse?
Nursing home abuse is a form of elder abuse that takes place in a nursing home or long-term care setting. The National Center on Elder Abuse (NCEA), part of the U.S. Department of Health and Human Services, defines elder abuse as “the mistreatment or harming of an older person. It can include physical, emotional, or sexual abuse, along with neglect and financial exploitation.”
They mention four different types of elder abuse:
- Physical abuse
- Emotional abuse
- Sexual abuse
Per the NCEA: “Programs such as Adult Protective Services (APS) and the Long-Term Care Ombudsmen are here to help. For reporting numbers, contact Eldercare Locator at 1-800-677-1116 (eldercare.gov).”
How common is nursing home abuse?
Data available from the NCEA indicates that approximately one out of every 10 people over the age of 60 experience some form of elder abuse each year. Unfortunately, evidence also shows that much of this abuse goes unreported. Often, this is because the victim is familiar with his or her abuser and does not want to cause any problems. In other cases, particularly when the abuser is a staff member at a nursing home, the victim fears that coming forward will result in retaliation.
Tragically, there are also times when nursing home abuse and neglect victims are unaware of the harm being inflicted upon them. This often occurs when a patient suffers from cognitive deficits or other disabilities.
What are the signs of Charlotte nursing home abuse or neglect?
Because sometimes our loved ones cannot speak up for themselves, it is important to look out for the signs of abuse and neglect. The NCEA lists some of the red flags of potential abuse or neglect, which can include emotional, physical, and financial.
Emotional signs of abuse include:
- Changes in behavior
- Sleep disturbances
- Anxiety and depression
- Unresponsiveness and isolation
Physical signs of abuse include:
- Bruises or broken bones
- Untreated or infected bedsores
- Stained or bloody clothing
- Unexplained sexually transmitted infections
- Malnutrition and/or dehydration
- Denial or lack of assistive devices, like walkers, glasses, or hearing aids
Financial signs of abuse include:
- Unexplained changes in financial accounts
- Sudden or unexplained changes in will or estate documents
- Unpaid or missing bills and documents
If you notice any of these happening with your loved one, it is crucial to ask questions, document what you are seeing, and contact an attorney from Price, Petho & Associates for legal guidance. We can help.
What are North Carolina’s nursing home laws?
Here in Charlotte and throughout North Carolina, nursing home and residential care residents have certain rights and protection afforded to them by the state. These rights include:
(1) To be treated with respect, consideration, dignity, and full recognition of his or her individuality and right to privacy.
(2) To receive care and services which are adequate, appropriate, and in compliance with relevant federal and state laws and rules and regulations.
(3) To receive upon admission and during his or her stay a written statement of the services provided by the facility and the charges for these services.
(4) To be free of mental and physical abuse, neglect, and exploitation.
(5) Except in emergencies, to be free from chemical and physical restraint unless authorized for a specified period of time by a physician according to clear and indicated medical need.
(6) To have his/her personal and medical records kept confidential and not disclosed without the written consent of the individual or guardian, which consent shall specify to whom disclosure may be made, except as required by applicable state or federal statue, regulations, or third party contracts. In the case of an emergency, disclosure can be made to agencies, institutions, or individuals who are providing the emergency medical services.
(7) To receive a reasonable response to his or her requests from the facility administrator and staff.
These are only a few of the rights to which nursing home residents are entitled under state law.
How long do I have to file a Charlotte nursing home abuse claim?
If you discover that your loved one has been the victim of nursing home abuse or neglect, contact an attorney at Price, Petho & Associates as soon as possible. Victims (or their family members) in these cases have a limited amount of time to file a lawsuit to recover the compensation to which they are entitled.
The North Carolina personal injury statute of limitations is three years from the day an injury (or discovery of an injury) occurs. This includes nursing home abuse and neglect cases. Failing to file a claim within this time frame can result in being ineligible for compensation, so it’s important to consult with a lawyer as soon as you suspect your loved one may be suffering from any type of abuse.
What is the value of my nursing home negligence case?
Victims of nursing home abuse may be entitled to a variety of damages for their claim. The Charlotte attorneys at Price, Petho & Associates work to recover:
- Complete coverage of any medical bills caused by the abuse or neglect
- Cost to stay at the current facility
- Costs to relocate to a new facility
- Loss of quality of life damages
- Pain and suffering damages
- Possible punitive damages against a grossly negligent nursing home
The total amount of compensation available in these cases will vary depending on the facts and circumstances of each situation. Our nursing home abuse and neglect attorneys work diligently to recover compensation for our clients to ensure they find justice and closure for the harm they endured.
Is there a nursing home abuse attorney near me?
Price, Petho & Associates has an office at 1420 Elizabeth Ave in Charlotte. We also maintain offices in Rockingham and Rutherfordton for your convenience. We can also visit you and your loved one in the nursing home or care facility.
Talk to a compassionate Charlotte nursing home abuse lawyer today
Whether an injury or wrongful death was caused by negligence or direct abuse in a nursing home, our attorneys can help. Since our firm’s establishment in 1979, we have built a strong record of success serving clients in Charlotte and throughout the state. At Price, Petho & Associates, we can help if a loved one suffered harm while in the care of a nursing home. Schedule a free consultation today by calling 704-372-2160 or filling out our contact form. We serve families in Charlotte, Rockingham, Rutherfordton, North Carolina, and South Carolina.