Have you or someone you love been mistreated in a nursing home in Charlotte, North Carolina? You may be able to take legal action and hold the facility accountable for the harm it caused.
Riddle & Riddle Injury Lawyers is dedicated to standing up for vulnerable seniors and their families. If you suspect abuse or neglect, schedule a free consultation at 800-525-7111 with a Charlotte nursing home abuse lawyer to learn how we can help.
Why Hire Riddle & Riddle Injury Lawyers?
At Riddle & Riddle Injury Lawyers, our legal team has been representing injury victims for decades, with over 190 years of combined experience and more than $850 million recovered for our clients. Our attorneys are skilled negotiators and aggressive litigators who prepare every case as if it will go to trial, giving you the strongest position at the negotiating table.
How Riddle & Riddle Injury Lawyers Can Help After Nursing Home Abuse or Neglect in Charlotte, NC
If you believe your family member has been abused or neglected in a skilled nursing facility, we can help you take action. We know how to handle complex elder abuse cases and will work tirelessly to protect your loved one and pursue full compensation.
Here’s how our Charlotte personal injury lawyers can help you after nursing home abuse or neglect:
- Investigate the circumstances of your loved one’s injury or condition
- Gather evidence of abuse or neglect, such as medical records, care plans, and facility records
- Identify all parties who may be responsible
- Work with medical experts to document injuries and care needs
- Handle all communication with the nursing facility and insurers
- Fight for a fair settlement or take your case to trial if needed
- Help you take immediate actions to protect your loved one
You don’t have to face this difficult situation alone. Let us help your family get the justice and peace of mind you deserve. Call us for a free consultation to explore your legal options and how we can help.
Overview of Nursing Home Neglect and Abuse in Charlotte, North Carolina
There are over 20 Medicare-certified nursing homes in Charlotte, North Carolina. Only six of these facilities have a four- or five-star rating, and ten have a one- or two-star rating. Three Charlotte nursing homes have been cited for abuse, and one is unrated due to a history of serious quality concerns.
Nursing homes are regulated by state and federal laws. This includes Centers for Medicare & Medicaid Services (CMS) requirements. Skilled nursing facilities in Charlotte are licensed by the NC Division of Health Service Regulation (NC DHSR).
Facility ratings, inspection results, and deficiencies are searchable by facility or city.
The federal Nursing Home Reform Act of 1987 establishes minimum standards and residents’ rights. It applies to facilities that receive Medicare or Medicaid funding. The NC Nursing Home Patients’ Bill of Rights also protects the rights of residents.
What Constitutes Nursing Home Abuse or Neglect?
Nursing home abuse and neglect involve any action, or failure to act, that causes harm to a resident. This mistreatment can be intentional or due to negligence.
Common forms of nursing home abuse and neglect include:
- Physical abuse: Hitting, slapping, or using excessive force
- Emotional abuse: Yelling, threats, or humiliation
- Sexual abuse: Any non-consensual sexual contact
- Neglect: Failing to provide food, water, hygiene, or medical care
- Financial exploitation: Misusing or stealing a resident’s money or property
Mistreatment is often related to negligent facility practices, such as negligent hiring, training, or staffing, poor oversight, and failure to maintain safe premises. These issues can foster a culture of neglect in which residents can be harmed, even unintentionally, by systemic problems.
In understaffed facilities, residents are more likely to suffer neglect or intentional abuse. Staff are spread too thin and may simply not have enough time to give residents enough assistance or supervision.
Residents may be left in soiled clothing or develop bed sores if they are not moved often enough. They may be abused by other residents or staff, or suffer a fall, without proper staffing levels.
When vulnerable seniors are neglected or abused, the effects can be devastating. Even minor injuries can have serious consequences. Older adults are more likely to suffer fractures and brain injuries even in low-impact falls. Injuries and psychological harm can lead to a cascade of consequences. Many elderly victims never recover.
How Common Is Nursing Home Neglect in Charlotte, North Carolina?
In 2023, the NC Long Term Care Ombudsman Program investigated 1,745 cases involving 2,860 complaints. More than 2,000 visits were made to residents in nursing facilities. Almost half (45%) of these complaints involved residents’ rights, such as privacy or abuse, 35% were related to care, and 15% involved quality of life.
However, experts estimate that only one in 14 cases of elder abuse are reported, suggesting the actual number of incidents is much higher.
Several Charlotte nursing homes have been cited for serious violations in recent years. In one shocking case, a resident was left with an open wound infested with maggots. Concerned staff contacted the woman's grandson and even sent videos after management failed to take action.
A 2020 audit report found that North Carolina did not ensure that facilities reported all abuse and neglect allegations. When allegations were reported, they did not always have a correct date or an assigned priority level.
How to Report Suspected Abuse or Neglect in a Nursing Home in Charlotte, NC
If you suspect a loved one has been mistreated, you can submit a complaint to DHSR. Complaint Intake receives complaints about the services or care provided in nursing homes. You can file a complaint by calling the complaint hotline at 1-800-624-3004.
Residents and families can also file a complaint through the Long-Term Care Ombudsman Program. An ombudsman can give advice about residents’ rights and investigate complaints. They can also help residents and families resolve issues.
Who Can Be Held Liable for Neglect or Abuse in a Charlotte Nursing Home?
Multiple parties may ultimately be held responsible when a resident is abused or receives poor care. The facility, including owners and operators, can typically be held liable for neglect or abuse that occurs. The facility has a duty to provide proper care, protect residents from harm, and uphold their rights.
Facilities can be held liable not only for their own negligent practices or policies but also for the wrongdoing of staff members. They can also be responsible for harm to a resident caused by visitors, contractors, and other residents.
Individual staff members, such as nurses, care providers, may be held accountable for their own actions that led to abuse or harm.
Nursing home abuse and neglect are often related to complex, systemic issues. Many facilities are part of a chain that’s owned and operated by a large corporation. The parent company may even be accountable if abuse or neglect is related to dangerous or negligent policies or procedures.
What Damages Are Available to Nursing Home Abuse Victims and Families in Charlotte, NC?
North Carolina allows nursing home residents or their legal representatives to seek monetary damages for harm caused by mistreatment. These damages include financial or economic losses and non-economic damages for pain and suffering.
You may be entitled to money to compensate for:
- Medical expenses incurred for treating injuries resulting from abuse or neglect
- Future medical care needed
- Counseling, physical therapy, and rehabilitation costs
- The expense to relocate to a new facility
- Loss of enjoyment of life
- Physical, mental, and emotional anguish and pain
If abuse has led to wrongful death, heirs or surviving family members may pursue a wrongful death claim. This allows for damages for funeral expenses and loss of care, comfort, society, and companionship.
Punitive damages may be awarded by a jury as a punishment for the defendant’s behavior. These damages require strong evidence of willful or wanton behavior, malice, or fraud. Punitive damages are capped at the greater of $250,000 or three times the compensatory damages.
What Is the Deadline to File a Nursing Home Abuse Lawsuit in North Carolina?
In North Carolina, the deadline to file a nursing home abuse lawsuit is generally three years from the date the abuse or neglect occurred or was discovered. You may have more time to pursue your case if the neglect or abuse was concealed through fraud.
A wrongful death action must be brought within two years from the date of a resident’s death.
It’s important to speak with a Charlotte nursing home abuse attorney as soon as you suspect mistreatment. A lawyer can help protect your rights, gather evidence, and ensure your case is filed on time.
Schedule a Free Consultation With Our Charlotte Nursing Home Abuse Lawyers
Has your loved one been harmed by abuse or neglect in a Charlotte nursing home? Riddle & Riddle Injury Lawyers is here to help you seek justice and protect your family members from further harm.
For decades, Riddle & Riddle Injury Lawyers has been a trusted advocate for vulnerable seniors. With over 190 years of combined experience, we know how to take on negligent nursing homes and win.
Call our law office today to schedule a free, confidential consultation with a Charlotte nursing home abuse lawyer. Let us fight for the safety, dignity, and compensation your loved one deserves.