Nursing Home Negligence

Caring and Committed Nursing Home Negligence Lawyers in North Carolina

Families place their trust in nursing homes, assisted living services, and rehabilitation facilities to provide care for their loved ones. These facilities are supposed to prioritize the well-being of our loved ones and never cause harm to or neglect their residents. Unfortunately, the pursuit of profit by corporate entities can sometimes lead to exploitation and a failure to provide adequate care. At ER Law Trial Lawyers, our experienced nursing home negligence attorneys hold nursing homes accountable and seek appropriate compensation when nursing home residents are neglected or abused.

Nursing home negligence in North Carolina can be a deeply traumatic experience for the nursing home resident and their family, often leading to significant medical expenses. This is exacerbated by the physical pain and emotional suffering endured by the victim. The implications for your loved one’s well-being can be severe, potentially leading to deteriorating health, loss of independence, or even premature death.

Common issues related to nursing home neglect include inadequate staffing, lack of proper training, medication errors, malnutrition, dehydration, and physical or emotional abuse. Signs of neglect or abuse may include unexplained injuries, sudden weight loss, frequent infections, poor hygiene, changes in behavior, and bedsores.

If your loved one has suffered nursing home neglect or shows any of these signs, promptly contact an experienced North Carolina nursing home negligence attorney at ER Law Trial Lawyers to schedule a free consultation. We will address the unique details to assess your case and determine your strategy. We can then work with you to investigate the case, gather evidence, establish liability, and navigate the complex legal process — all of which can prove invaluable in seeking the compensation you and your loved one need to account for for medical expenses, pain, suffering, and other damages.

Types of Nursing Home Negligence in North Carolina

Nursing home negligence and elder abuse can take many forms, each causing significant harm to elderly residents. The following are some common types of nursing home neglect or abuse:

• Physical Abuse: Unfortunately, intentional infliction of physical harm, such as hitting, slapping, or improperly using medication are more pervasive than one may expect. Physical violence is an extreme form of nursing home abuse that can lead to physical injuries.
• Emotional Abuse: Emotional abuse can include mental or emotional pain, including the use of humiliation, intimidation, or threats.
• Sexual Abuse: Any non-consensual sexual contact would qualify as sexual abuse, which can occur when a resident is physically forced, threatened, or unable to give consent.
• Financial Abuse: When someone at a nursing home facility illegally or improperly uses a resident’s money or assets, this would be financial abuse for which the victim’s family may seek justice and appropriate compensation.
• Neglect: Nursing home neglect generally involves failing to provide necessary care, often leading to physical harm or emotional distress. This neglect can lead to poor personal hygiene and dangerous conditions such as bedsores or pressure ulcers.
• Abandonment: This failure on the part of a nursing home facility or assisted living service refers to the desertion of an elderly person by someone who has assumed responsibility for providing care.
• Self-Neglect: This occurs when residents neglect their own personal care, potentially due to cognitive decline. These residents need proper care and oversight by caring and competent nursing home staff, as negligence on behalf of the nursing home can lead to serious health issues for the resident.
• Malnutrition/Dehydration: Dietary neglect and failure to properly ensure a resident’s water intake can lead to serious health problems or death.

If your loved one appears to have suffered nursing home abuse or neglect, reach out to an experienced nursing home neglect attorney to assess the situation.  At ER Law Trial Lawyers, we offer a free consultation. The personal injury attorneys at our Greensboro-based law firm will evaluate your nursing home abuse case under North Carolina law to determine whether the suspected abuse or neglect at a nursing home or assisted living facility warrants legal action to seek fair compensation.

Neglect of Basic Needs

If your loved one is experiencing malnutrition, dehydration, or injuries from repeated falls, this often indicates a failure on the part of the facility to fulfill its responsibilities. Similarly, residing in an environment that is unsafe or unsanitary is simply unacceptable. Contact us today if your loved one has encountered any of these conditions, or if they are experiencing other situations where a facility has neglected to provide for their basic human needs.

Medical and Personal Hygiene Neglect

Our elderly population is particularly vulnerable to certain circumstances and forms of neglect. We rely on nursing homes and assisted living facilities to provide essential medical care and maintain proper hygiene for our loved ones. However, when these facilities fail to meet these expectations, it can cause harm to our cherished family members. Such failures can manifest as dangerous medical issues like infections or bedsores.

If your loved one has experienced infections, bedsores, or any hygiene concerns at their facility, don’t hesitate to reach out to us. We will guide you regarding important considerations for the safety of your loved one and steps to investigate the circumstances to support a nursing home negligence case.

Wrongful Death Due To Nursing Home Negligence

Wrongful death in nursing homes can occur in relation to many of these types of negligence or abuse. For example, severe physical abuse can lead to fatal injuries, while neglect can cause life-threatening conditions like malnutrition, dehydration, or untreated medical conditions. This underscores the importance of quickly identifying elder abuse and counteracting nursing home abuse or neglect. Working with an experienced attorney can help families seek justice and compensation in these tragic situations.

Proving Fault in a North Carolina Nursing Home Negligence Case

In a North Carolina nursing home negligence or abuse case, you and your attorney must prove several elements:

1. Duty of Care: The plaintiff must establish that the nursing home had a legal obligation to provide a certain standard of care to the resident.
2. Breach of Duty: The plaintiff must prove that the nursing home breached this duty, by either doing something they should not have done (abuse), or failing to do something they should have done (neglect).
3. Causation: The plaintiff must show that the breach of duty directly caused the resident’s injury or harm.
4. Damages: Finally, the plaintiff must demonstrate that the resident suffered damages due to the breach, such as physical injury, emotional distress, or financial loss.

In addition, nursing home negligence cases often require finding an expert to evaluate the standard of care for medical treatment rendered to the plaintiff. This extra layer in the evaluation process creates a significant hurdle for clients. It is critical to understand the complex analysis necessary to establish a nursing home negligence case in North Carolina.

The elements of duty of care and breach of duty constitute negligence. The nursing home has a responsibility to provide adequate care to its residents, and if it fails to meet this standard, it is considered negligent.

However, proving negligence alone is not enough. The negligence must be linked through causation to the damages suffered by the nursing home resident and their family. In other words, your nursing home abuse lawyer must show that the negligence directly led to harm or injury to the resident, which then led to damages.

Types of Damages and Valuation in a Nursing Home Negligence or Nursing Home Abuse Claim

In a North Carolina nursing home abuse or neglect case, there are two main types of compensatory damages that may be applicable: Economic damages and noneconomic damages.

Economic Damages

Economic damages are straightforward, quantifiable monetary losses incurred due to the negligence or abuse. They can include the costs of medical bills, projected expenses for future medical care, and other out-of-pocket expenses.

Noneconomic Damages

Noneconomic damages compensate for more subjective or intangible losses experienced by a nursing home resident or their family due to nursing home abuse or neglect, which can be harder to quantify. A North Carolina nursing home abuse attorney at our firm can accurately estimate the appropriate monetary value for these damages, which can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.

Punitive Damages

In some cases, punitive damages may also be awarded. Punitive damages are meant to punish the negligent party at the nursing home facility and deter others from committing similar acts of elder abuse or neglect.

Determining the Value of Your Nursing Home Negligence Case

The sum of these damages will determine the potential value of the nursing home negligence case. It’s essential to note that each case involving nursing home abuse or neglect is unique, and the value is influenced by factors like the severity of the harm, the impact on the victim’s life, and the actions (or inactions) of the nursing home.

How a Nursing Home Negligence Attorney at ER Law Trial Lawyers Can Help

A nursing home negligence attorney can provide invaluable guidance, assistance, and legal action after a loved one suffers an injury or elder abuse in a nursing home, including the following:

• Consultation and Guidance: At ER Law Trial Lawyers, we offer a free case evaluation to review nursing home and abuse cases. We will assess the unique circumstances of nursing home abuse and neglect, then guide you regarding the right course of action.
• Investigation: Our law firm’s nursing home neglect attorneys will conduct a thorough investigation into the incident, gathering necessary evidence such as medical records, surveillance footage, and witness statements.
• Professional Legal Experience: A knowledgeable nursing home abuse attorney has a deep understanding of nursing home law and can navigate the complex legal process on behalf of the family.
• Legal Representation: Nursing home neglect attorneys at ER Law Trial Lawyers represent the family in all legal proceedings for nursing home neglect cases, including negotiations with the nursing home or insurance companies — and at trial, if necessary. If an appropriate settlement cannot be reached, we will pursue a personal injury lawsuit to seek appropriate financial compensation.
• Seeking Compensation: Our nursing home abuse attorneys will fight for the appropriate maximum compensation for both economic and noneconomic damages suffered due to nursing home abuse and neglect.
• Pursuing Closure: By holding the negligent party accountable, the nursing home abuse attorney can help the family find some sense of closure.

Given the complexity and sensitivity of abuse or neglect claims and nursing home abuse lawsuits, it’s crucial to promptly contact an experienced nursing home abuse lawyer at ER Law Trial Lawyers for a free case evaluation. The nursing home neglect attorneys at our law firm can guide you through the process, as we seek to ensure that your loved one’s rights are protected and justice is served.

Schedule a Free Consultation with ER Law Trial Lawyers in Greensboro, North Carolina

When a family member at a nursing facility shows certain signs of nursing home abuse and neglect — whether in the form of bed sores, malnutrition, or unexplained injuries — it is important to make sure the nursing home is held liable. Not only do you need to report elder abuse and neglect, but you need to seek to recover compensation to cover expenses and noneconomic losses caused by the incident. At ER Law Trial Lawyers, our experienced North Carolina nursing home negligence attorneys will be your guides, while advocating fiercely for the interests of your loved one.

Call us today at (336) 904-9000 or fill out our online form and request a free consultation to discuss your personal injury case. Our nursing home abuse lawyers will assess the unique details of your case in order to devise a tailored strategy to protect the health interests and rights of your loved one. We will help you navigate these crucial next steps so you can move forward with confidence and peace of mind.

For your convenience, we can discuss your case by phone, over Zoom, or in person at either of our offices in Reidsville or Greensboro, North Carolina. We proudly serve North Carolina residents in both Guilford County and Rockingham County.

Protecting Your Rights