When may I sue a nursing home for abuse or neglect?

On Behalf of | Nov 9, 2020 | Personal Injury |

If you or a loved one experience an injury while at an adult care facility, you may file a legal action for damages. Harm that may require a lawsuit includes physical abuse, neglect of medical needs or receiving the wrong prescription.

North Carolina’s laws protect nursing home residents from abuse, and a serious offense may result in penalties lodged against a facility. According to the NC Department of Health and Human Services website, a resident has a right to privacy and freedom from physical or mental abuse.

What are some common signs of maltreatment?

The staff of a North Carolina health care facility may not place you or your loved ones in physical restraints without consent. A physician must also prove the medical necessity of restraints, such as posing harm to one’s self or other residents.

Common signs of physical mistreatment include bedsores, bruises, broken bones and unexpected weight loss. As reported by ConsumerNotice.org, major personality changes such as unusually aggressive behavior or withdrawal may also indicate neglect or abuse. Lost personal items or missing money may verify suspicions of a facility employee taking advantage of a resident.

What relief may a legal action bring?

If you or a loved one experience mistreatment, exploitation or neglect, you may file an official complaint against the facility. A serious personal injury, however, may require a legal action to seek more extensive remedies, such as compensation for personal injury damages.

A court may award financial relief for medical expenses, such as corrective surgery. You may, in addition, seek compensation to replace lost or stolen personal items. The court may also order an award for the pain and suffering that you or your loved one experienced while in the care of a negligent facility.

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