Nursing home abuse can be a very difficult claim to prove in a court of law for a variety of reasons. Some of them begin with the damage control that facilities utilize internally where the patients stay continually. Facility management officials can set visitation parameters that can be restrictive when emergencies arise and have especially done so during the recent two-year health epidemic that impacted nursing homes from the very beginning. Families all across the nation as well as North Carolina have had to deal with these restrictions and exposure of loved ones to a disease that is claimed to be highly contagious and deadly for the elderly that has permeated the nursing home residency community. There are many elderly and unhealthy residents in homes throughout the United States. Knowing whether or not you have standing for a nursing home abuse case is not easy, and it often takes experienced and aggressive North Carolina nursing home abuse lawyers to uncover the evidence of proactive abuse or failure to provide a reasonable duty of care.
Proactive Abuse Cases
Most nursing facilities that are not designated as intensive care units will have community events and designed schedules for all residents and individual residents alike. Not all residents want to participate, and some individuals have specific routines they need each day for whatever reason. Forcing interns to attend community functions is actually a form of harassment when they do not want to go, and restricting their individual movement when it is recommended or requested can also be determined as negligence. However, the novice family member has difficulty in proving this is done purposely. Nursing home abuse lawyers understand what documentation can be used to support claims of abuse even when they are being made by a patient who could be considered in declining mental health.
Failure to Provide Sufficient Care
There are also situations of negligence where the facility staff does not provide proper care for the individual resident. All nurses and assistants are required to follow doctor instructions concerning medication disbursal and physical needs such as regular walking to improve vitality and strength or other types of exercise and activity. Facilities that are understaffed can become lax in activity provisions, and many times medications are withheld or over-administered to keep the patient in a sedated state. Neither of these is acceptable, and diligent elder care legal professionals know how to prove this is happening beyond verbal communication from the victim.
Examples and Evidence of Nursing Home Abuse
Certain conditions can indicate if a nursing home resident is being abused in some manner. While each case is usually unique in some aspect, they often fall into specific common categories regarding failure to properly treat a patient. They can include evidence of:
- Dehydration or malnutrition
- Injuries from falls
- Lack of privacy with visitors
- Lack of medication
- Sexual abuse
- Unexplained disease
- Falls from bed
- Being dropped by staff
Filing a Complaint
Another issue that families have when their loved ones are being abused is knowing who should receive a report of the problem. Families will often meet resistance when trying to investigate an issue, but nursing home abuse lawyers can conduct a comprehensive professional investigation and report the problems immediately to state oversight agencies who can conduct an impromptu inspection. Facilities are generally inspected at specific intervals regarding cleanliness and certain reporting, but the management officials know when they are coming. This gives them time to prepare and look good even when cutting corners in the area of effective and dutiful care for elderly nursing home residents.
More Resources To Take Action Against Elder Abuse:
- How and When To Report Elder Abuse
- What if a person dies before bringing an elder abuse or personal injury lawsuit?
- Nursing Home Abuse Of Elderly Residents
Contact Our North Carolina Nursing Home Abuse Legal Professionals
It is never a good decision to attempt handling a nursing home abuse situation personally. Nursing facility management is trained in how to defend against complaints from resident families, and they all have legal teams they retain for defense on a regular basis. This is standard policy for most nursing home facility companies. They know how to mitigate claims. This means that it is always necessary to retain an aggressive and knowledgeable legal team that can craft a solid case using all evidence available and file a formal complaint with the state while also filing litigation against the nursing home corporation. Always make sure to retain a law firm with a solid record of results for abused clients – Contact Us Today