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Nursing Home Abuse
Sadly, nursing home negligence and abuse is a growing problem in North Carolina. Nursing homes were designed so that individuals with health problems that were too much for home treatment could get the care they need in a comfortable environment. When these individuals do not receive proper care, it may be considered negligence on the part of the nursing home staff. Unfortunately, nursing home negligence can cause many emotional and physical problems, including death.
Many nursing homes are staffed with overworked and/or untrained people who can abuse or neglect your loved ones. Since nursing home abuse and neglect have risen, North Carolina has established a bill of rights to protect nursing home residents and to ensure nursing home regulations are maintained correctly.
How do I know if my loved one has been abused or neglected?
Nursing home negligence occurs in a variety of ways. While it is unfortunate that nursing home abuse and neglect ever happens, it is important that you watch for signs and be aware of the treatment being provided.
Nursing home abuse and neglect include both physical and mental harm to the resident. It is also possible for the caregiver to withhold or fail to provide the resident with the necessary medical, nutritional, or social services. The abuse or neglect can be recurrent or a single, egregious act or omission that produces serious injury to the resident. Some of the more frequent signs of nursing home negligence and abuse include:
Blood Poisoning (sepsis)
North Carolina lawmakers have enacted laws in our state concerning how nursing homes must treat their residents. The attorneys of Amos & Kapral, LLP, take great pride in representing any individual whose rights have been violated as a result of the actions of any nursing home, its agents, employees and/or servants.
Nursing Homes in North Carolina must provide the following rights to their residents:
- The Right to be treated with consideration, respect, and full recognition of personal dignity and individuality;
- The Right to receive care, treatment, and services that are adequate and appropriate, and in compliance with relevant Federal and State statutes and rules;
- The Right to receive at the time of admission and during stay a written statement of services provided by the facility, including those required to be offered on an as-needed basis, and of related charges. Charges for services not covered under Medicare and Medicaid shall be specified. The patient will sign a written receipt upon receiving the above information;
- The Right to have on file physician’s orders with a proposed schedule of medical treatment. Written, signed evidence of prior informed consent to participate in experimental research shall be in the patient’s file;
- The Right to receive respect and privacy in his/her medical care program. All personal and medical records are confidential;
- The Right to be free of mental and physical abuse and, except in emergencies, to be free of chemical and physical restraint unless authorized for a specified period of time by a physician according to clear and indicated medical need;
- The Right to receive from the administration or staff of the facility a reasonable response to all requests;
- The Right to associate and communicate privately without restriction with persons and groups of the patient’s choice at any reasonable hour. To send and receive mail promptly unopened. To have access to a telephone where a patient may speak privately. To have access to writing instruments, stationery, and postage;
- The Right to manage his/her own financial affairs unless other legal arrangements have been implemented. The facility may also assist the patient but is required to follow stringent guidelines;
- The Right to have privacy in visits by the patient’s spouse and if both are patients in the same facility, they shall be given the opportunity, where feasible to share a room;
- The Right to enjoy privacy in his/her room;
- The Right to present grievances and recommend changes in policies and services personally, through other persons or in combination with others, without fear of reprisal, restraint, interference, coercion, or discrimination;
- The Right to not be required to perform services for the facility without personal consent and the written approval of the attending physician;
- The Right to retain, to secure storage for, and to use his/her personal clothing and possessions, where reasonable;
- The Right to not be transferred or discharged from any facility except for medical, financial, or their own or other patient’s welfare, nonpayment for the stay, or when mandated by Medicare or Medicaid. Any such transfer shall require at least five (5) days notice, unless the attending physician orders immediate transfer, which shall be documented in the patient’s medical record;
- The Right to be notified within ten (10) days after the facility’s license is revoked or made provisional. The responsible party or guardian must be notified as well.
If you need help, trust the Law Offices of Amos & Kapral.
Nursing home negligence is a very serious problem that should be stopped as soon as possible. If you notice any of these or other signs, let an experienced nursing home negligence lawyer at Amos & Kapral help. Your loved one’s health and life may be at stake.
We have offices in Hickory, NC and Boone, NC and represent clients throughout North Carolina.
Call the attorneys at the Law Offices of Amos & Kapral toll-free at (828) 855-3152 for a free consultation to discuss your case.
The content of this page is not intended to serve as legal advice. You should consult with an attorney regarding any suspicion of nursing home violations, abuse, or neglect, as every situation is unique.