Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?”
It can be difficult to make the decision for a loved one to reside in a nursing home. When you finally make that difficult decision, you are putting your trust and hope that the chosen facility will treat your loved one with care, caution, and respect. Unfortunately, not every nursing home facility takes the time and resources necessary to care for your loved one. As a result, negligent or wrongful acts can lead to the injury or death of your loved one. With the tragedy of losing a loved one, a glimmer of hope is the option of filing a wrongful death suit to hold those at fault for the death of your loved one responsible. In North Carolina, a wrongful death suit can be brought “when the death of a person is caused by a wrongful act, neglect or default of another.”
Abuse does not manifest in only one way. There are a myriad of situations that could be classified as abuse that could lead to another’s death. While you may not be an expert on every sign of abuse, it is important to have an understanding of what to look for to try and catch abuse before it escalates. Not every instance of abuse is automatically fatal, but over time small signs of abuse can aggregate and result in a fatality. The National Council on Aging reports that an elderly individual who has been abused is 300% more likely to die than those not abused.
The following are common signs of abuse:
- Bedsores: An indication that he individual is not being moved, or encouraged to move, while in the nursing home.
- Signs of physical abuse such as bruising or broken bones
- Changes in mood or behavior that are not typical to an individual. Changes in behavior could be attributable to abuse.
- Lack of supervision
- Noticeable weight loss indicating lack of proper nutrition
Looking out for the above signs of abuse, or any other sign, can save your loved one’s life. Catching abuse early reduces the likelihood that your loved one becomes a victim of wrongful death.
Even the most observant family and friends can overlook signs of abuse. If your loved one ultimately dies because of the wrongful act or neglect of the nursing home or its staff, a wrongful death action is an option. In order to succeed in a wrongful death suit, it must be proven that the nursing home or its staff were negligent, or wrongful, in the care of your loved one. The way to prove this is through evidence. It is imperative that you keep any record from the nursing home in case it can be used to show proof of abuse later on in the case.
If you are pursuing a wrongful death action, you need an experienced attorney to help you. The personal injury attorneys at Arnold & Smith, PLLC are here to guide you through this process. Losing a loved one is never easy, but it can be especially difficult to come to terms with when the death is unexpected or caused by the negligence or wrongful act of another. If you are seeking help for the wrongful death of a loved one, contact a personal injury attorney as soon as possible. There is a statute of limitations determining when a wrongful death action can be brought in North Carolina. The attorneys are Arnold & Smith, PLLC are here to help you receive the compensation for a loved ones death. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe. Contact us, for a free consultation, call us at 704-370-2828 or click here for additional resources.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-18-2.html
https://www.ncoa.org/public-policy-action/elder-justice/elder-abuse-facts/
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