Legal Steps to Take if You Suspect Nursing Home Abuse in North Carolina

Suspecting that a loved one is experiencing abuse in a nursing home is a distressing situation. In North Carolina, there are specific steps you should take to protect your loved one and hold the responsible parties accountable. This guide outlines the legal actions you can pursue to address nursing home abuse.

Recognize the Signs of Nursing Home Abuse

The first step is to identify potential abuse. Common signs include:

Physical Abuse: Unexplained bruises, cuts, burns, or fractures. Look for signs of restraint, such as marks on wrists or ankles.
Emotional Abuse: Sudden changes in mood, withdrawal from social activities, or unusual behavior, such as rocking or mumbling.
Neglect: Poor hygiene, malnutrition, dehydration, bedsores, or unsanitary living conditions.
Financial Abuse: Unexplained withdrawals from bank accounts, missing personal belongings, or sudden changes in financial documents or other materials.

Report the Abuse

Document your observations, including dates, times, and specific incidents that raise concerns. Take photos of any physical injuries or unsafe conditions. Further, you must report suspected abuse:

Contact the Facility’s Administration: Report your concerns to the nursing home’s management. They are obligated to investigate and address the issue.
File a Complaint with State Authorities: You can file a complaint with NCDHHS, through the North Carolina Division of Health Service Regulation (DHSR). They oversee nursing home regulations and will investigate your claim.
Call the Police: If you believe your loved one is in immediate danger, contact local law enforcement. They can intervene and ensure your loved one’s safety.

Seek Medical Attention

If your loved one has been physically harmed, ensure they receive prompt medical care. This serves two purposes:

Immediate Care: It addresses any injuries or health issues resulting from the abuse.
Medical Documentation: The medical records can serve as critical evidence in legal proceedings.

Consult with an Attorney

Navigating the legal system can be challenging, especially when dealing with the emotional toll of suspected nursing home abuse. Consulting with an experienced attorney can help you:

Understand Your Legal Options: An attorney can explain your rights and the legal steps you can take, including filing a lawsuit against the facility or responsible individuals.
Gather Evidence: Your lawyer can help collect additional evidence, such as medical records, witness statements, and expert testimony.
File a Lawsuit: If necessary, a skilled trial attorney can file a lawsuit to seek compensation for your loved one’s suffering and hold the abusers accountable. Make sure to consult with an attorney who has litigation and trial experience.

Consider Relocating Your Loved One

If you suspect ongoing abuse or neglect, consider moving your loved one to a safer environment. An attorney can advise you on how to do this without jeopardizing any legal claims.

Suspecting nursing home abuse is a serious concern that requires immediate action. At Ward and Smith, we are committed to helping you navigate the legal steps necessary to protect your loved one and seek justice. Contact us today for a consultation with a skilled personal injury attorney and let us assist you in holding those responsible accountable and ensuring the safety of your family member.