When a loved one begins to age and shows signs of needing professional care, families need to be able to rely on nursing homes to provide safety for them. However, many facilities in North Carolina fail to meet the bare minimum standards of care. If you suspect that your loved one is being abused or neglected, contacting a skilled Charlotte nursing home abuse lawyer is a critical next step to exploring what legal options are available.
Pleasant Law, PLLC is a civil litigation firm focused on nursing home abuse and catastrophic injury cases in North Carolina and Georgia. Our firm has secured over $30 million for our clients and their families, and we offer complimentary consultations.
Pleasant Law, PLLC, represents families in cases involving a variety of neglect and abuse cases. As a longtime North Carolina resident, Mr. Pleasant has dedicated the last 15 years to protecting the rights of North Carolina elders. With approximately 44,000 people aged 60 and older relocating to the state in 2022, it’s vital to closely protect their legal rights from negligence.
Throughout the country, it’s estimated that for every single report of elder abuse, there are 24 incidents that go unreported. This is often because the victim of the incident may not realize what’s going on, may be manipulated by staff, intimidated, scared, or afraid to be a burden to their family.
Unfortunately, nursing home abuse statistics reveal how widespread these issues really are. For the incidents that are reported, it’s horrifyingly common for them to go unresolved. In North Carolina, the Department of Health and Human Services (DHHS) is responsible for conducting regular inspections of nursing homes to identify potential instances of abuse or negligence.
However, as of 2023, the DHHS had a turnover rate of 17.8%, indicating that inspections are often rushed through or not conducted at all. And, when deficiencies were detected during inspections, 37% of them were never verified by DHHS to be fixed. Issues revealed by state inspections in nursing homes show that many problems persist for years.
This means that nursing homes, most of which are private and for-profit, can operate under illegal and immoral conditions. Often, family members are the primary advocates for their elderly loved ones.
Luckily, there are websites available that allow families to research nursing homes before moving their loved one into the facility. In Charlotte, there are quite a few facilities that should be avoided, such as:
For families suspecting any amount of abuse or neglect, it’s vital to hire a nursing home abuse lawyer to help protect your loved one as soon as possible.
Charlotte nursing homes must comply with Chapter 131E of the North Carolina General Statutes, which outlines the legal rights of facility residents. These rights include the right to safety, appropriate medical care, and freedom from abuse or neglect.
When those rights are violated, families can pursue a civil claim under North Carolina law. It’s essential that families visit their loved ones regularly and watch for warning signs. Signs to watch for include:
Because of how common abuse or neglect is in these homes, it’s good to be cautious. Consider regularly requesting the medical records of your loved one, even if you don’t suspect current neglect. These records could reveal patterns of abuse or negligence that may not be apparent until it’s too late. If any of these symptoms appear, document your observations. Write down dates, times, and names of staff involved. Take photos when possible.
Families usually have three years to submit their claim to North Carolina courts, outlined in the General Statutes § 1-52. This period generally begins on the date the injury occurred or when it was discovered.
For example, if a victim feels ashamed of the neglect and keeps it hidden, it could take a long time for their injuries to be apparent. In cases such as this, the three-year deadline begins when the injury is reasonably discovered.
We want to protect our most vulnerable community from the common cases of mistreatment they face. Our results speak for themselves. Pleasant Law, PLLC has obtained settlements such as:
One of our clients, Suzanne, the daughter of a nursing home resident who suffered broken bones, said:
“Thomas Pleasant is an exceptional lawyer who actually cares about his clients. My case was a negligence case against a nursing home. He was able to piece all the evidence together to make the case rock solid. I would definitely recommend Thomas Pleasant to anyone in need of his services, including my close friends and family.”
Our firm treats every case with the care it deserves and is not afraid to represent its Charlotte clients during trial at the Mecklenburg County Superior Court, located at 832 East Fourth Street.
We’re proud to offer consultations to North Carolina residents and their families. Contact us today to explore what legal options are available in your case.