Fayetteville Nursing Home Abuse Lawyer

Nursing Home Abuse Attorney in Fayetteville, NC

Having to choose a nursing home for your loved one can be an incredibly emotionally challenging time for the entire family. This process should go smoothly for families and their loved ones, but often, elders find themselves facing abuse or neglect by the facility. If your loved one has suffered in a care facility, a skilled Fayetteville nursing home abuse lawyer may be able to help your family understand your legal options.

The emotional and physical trauma that nursing home abuse and neglect can cause is extensive, and the government agencies meant to protect our most vulnerable community frequently fail to do so. In fact, nursing home abuse statistics show how often these cases arise and the long-term impact they can have.

As of 2023, 13% of Fayetteville residents were age 65 or older. It’s vital for families to understand the legal rights of their loved ones to protect them. While money can’t take away the pain of what happened, it can help hold facilities accountable and ease the financial and emotional burden on your family’s present and future.

Experienced Nursing Home Abuse Attorneys in Fayetteville, NC

At Pleasant Law, PLLC, we focus exclusively on cases of nursing home abuse, neglect, and catastrophic medical injury in North Carolina and Georgia. For nearly two decades, we have helped represent residents of Fayetteville at the Cumberland County Courthouse, located at 117 Dick Street.

We approach every case with the empathy and compassion it deserves, and we understand the seriousness of these cases. Attorney Thomas W. Pleasant has earned the prestigious LexisNexis Martindale-Hubbell “AV Preeminent” peer rating for legal excellence and ethics, and he has been selected for inclusion in Super Lawyers for his work in medical malpractice litigation. We’ve secured over $30 million in settlements for our clients. Our successes include:

• $700,000 wrongful death settlement after a nursing home choking incident
• $510,000 for severe pressure ulcers and dehydration
• $225,000 for nursing home neglect leading to death.

These outcomes are the result of our direct focus on elder law and our belief that vulnerable people deserve to have their voices heard and their experiences validated. Many of our successful claims have involved nursing home bedsore lawsuits and other forms of neglect.

Fayetteville Facilities With a History of Violations

Before placing a family member in a nursing home, it is recommended that families conduct research on local facilities. In Fayetteville, the Carolina Rehab Center, located at 4600 Cumberland Road, has been placed on the Nursing Homes Abuse Advocate watchlist due to repeated violations that have endangered residents.

In 2024, inspectors confirmed that actual harm had occurred to residents, bringing the facility’s total number of violations to 22 since 2011. Carolina Rehab has received 1 out of 5 stars for health inspections and staffing. Understaffing has led to unsafe conditions. 97.6% of residents require help transferring from a bed or wheelchair, and 80% need assistance with toileting or managing incontinence.

Unfortunately, many of these issues are only discovered after the damage has been done. The Department of Health and Human Services is responsible for conducting inspections to identify unsafe conditions in nursing homes; however, between 2021 and 2023, 68% of all inspections were late, potentially allowing abuse to slip through the cracks. Recent reports on state inspections in nursing homes have shown just how critical timely oversight is for preventing abuse.

Understanding Nursing Home Abuse Laws in North Carolina

In North Carolina, nursing homes are governed by Chapter 131E of the General Statutes. All facilities are legally required to provide adequate medical care, ensure resident safety, and prevent abuse, neglect, and exploitation. When a facility fails to meet these standards, civil action may be an option for families to pursue. You may be eligible to file a claim when there is evidence of neglect or abuse, such as:

• Bedsores
• Falls resulting in serious injury
• Unexplained infections, dehydration, or malnutrition
• Physical or sexual abuse
• Wrongful death

To file a successful claim, you typically need to establish:

1. That a duty of care was owed to the resident.
2. There was a breach of that duty. This can be due to a variety of reasons, such as understaffing or the staff not following the resident’s care plan.
3. What the causation is that links the breach of duty to the subsequent injury or death of the resident.
4. What types of damages happened as a result. This could be physical or emotional.

Outlined in North Carolina’s General Statutes § 1-52, victims generally have three years from the date of the incident or discovery to file their legal claim. To ensure a successful case, it’s vital to gather as much relevant evidence as possible.

How Families Can Identify Abuse and Neglect

Sometimes, victims are too afraid to speak up about abuse or neglect, and families may not discover it until much later. Because these incidents are usually not isolated, but rather occur consistently over time, it’s vital to check in with your loved one frequently about their well-being. There are several physical and behavioral indicators that may point to abuse or neglect:

• Unexplained bruises
• Signs of dehydration or weight loss
• Frequent infections, such as bedsores or UTIs
• Changes in your loved one’s behavior, such as fear or withdrawal
• Medication issues, such as missed doses, the wrong medication, or overmedication
• Unsanitary living spaces, dirty bedding, or dirty clothing

If you observe any of these red flags in Fayetteville, it is crucial to document everything thoroughly. Note the date, time, and details of what you saw. Take photos of any visible injuries or the conditions of your loved one’s living space and request medical records. Then, contact a lawyer as soon as possible.

Why Choose Us?

Mr. Pleasant is a graduate of Gerry Spence’s renowned Trial Lawyers College, an intensive program reserved for a select group of plaintiff trial attorneys nationwide. While studying law at Wake Forest University, he received the North Carolina Academy of Trial Lawyers Law Student Advocacy Award.

Many of our cases stem from chronic understaffing in long-term care facilities. We understand the systemic failings of the DHHS and nursing homes, why these cases occur, and how to protect our clients against commonly used defense tactics.

Choose a Trusted Elder Abuse Law Firm

It’s vital to hire a nursing home abuse lawyer if one of your loved ones is facing abuse or neglect. Pleasant Law, PLLC, is ready to help your family take the next step. You shouldn’t have to navigate the legal process alone.

Let our team handle the legal aspects, so you can focus on ensuring the well-being of your loved one. Contact us today to schedule your legal consultation with Mr. Pleasant.

Fayetteville, NC Nursing Home Abuse Resources

• Exposing the Worst Nursing Homes in North Carolina

• How to Document Nursing Home Abuse in North Carolina?

• Nursing Home Injury Complaints