Placing an elderly parent or loved one in a nursing home or assisted living center is never an easy decision. Families make that choice trusting that the facility will keep their loved one safe and provide the specialized care they need. When that trust is broken by abuse or neglect, the results can be devastating. If you learned or suspect that a loved one is a victim of nursing home abuse or neglect in Durham or anywhere in Durham County, the Durham nursing home abuse attorneys at Portner & Shure can help. We have handled personal injury claims across North Carolina for more than 30 years.
Types of Nursing Home Abuse and Neglect in Durham
Durham families place their loved ones in nursing homes and assisted living centers expecting quality care, but abuse and neglect still occur. Abuse and neglect both cause serious harm, but they are different and each requires its own approach. North Carolina protects residents under the Nursing Home Patients’ Bill of Rights (N.C. Gen. Stat. § 131E-117), which guarantees the right to be treated with dignity and to be free from mental and physical abuse.
Nursing home abuse often involves intentional acts against a resident, such as:
- Physical assault
- Sexual assault
- Psychological and emotional abuse
- Intentional deprivation of food, water, or medicine
- Financial exploitation
Neglect, by contrast, results from indifference or careless conduct by staff. It often shows up as a failure to:
- Monitor residents and report medical problems
- Prevent bedsores, infections, or falls
- Prevent dehydration or malnutrition
- Provide medication on time
- Provide proper hygiene and basic care
What Causes Nursing Home Abuse and Neglect?
The people who harm elderly residents are most often those entrusted with their care. Facilities that fail to run proper background checks can place unfit people in caregiving roles, and chronic understaffing leaves residents without the attention they need. When a facility cuts corners on hiring, training, or staffing, residents pay the price.
How to Recognize Nursing Home Abuse and Neglect
Many residents are unwilling or unable to report what is happening to them, especially when memory or health is failing. That means the responsibility of spotting the warning signs often falls to family members. Common signs include:
- Unexplained injuries, bruises, or fractures
- Sudden weight loss
- Bedsores
- Signs of overmedication or undermedication
- Poor hygiene or unsanitary living conditions
- Withdrawal, fear, or other behavioral changes
Damages in a Nursing Home Abuse Claim
Under North Carolina law, an injured resident or their family may seek compensation for medical bills and the cost of future care, along with the pain and suffering caused by the abuse or neglect. When abuse or neglect leads to a resident’s death, the family may be able to pursue a wrongful death claim.
Proving Fault in a North Carolina Nursing Home Claim
North Carolina follows a strict contributory negligence rule, which means that if the facility can show the injured person was even slightly at fault, it can bar recovery entirely. Nursing homes and their insurers know this and defend these claims aggressively, so careful investigation and strong evidence are essential from the start.
How Long Do I Have to File? North Carolina’s Statute of Limitations
In North Carolina, a personal injury claim for nursing home abuse or neglect generally must be filed within three years (N.C. Gen. Stat. § 1-52). If the abuse or neglect caused a death, a wrongful death claim generally must be filed within two years. Because records can be lost and memories fade, it is wise to speak with an attorney early. Claims in Durham County are generally pursued through the Durham County Courthouse.
How Our Durham Nursing Home Abuse Attorneys Can Help
Fighting a nursing home alone is exhausting, and these facilities are often backed by large insurers. Our team investigates what happened, gathers the medical records and staffing evidence your case needs, and pursues fair compensation for your loved one. We work on a contingency basis, which means there is no fee unless we recover for you.
We Can Help If English is Not Your First Language
Our firm serves a diverse community, and we have team members who speak Spanish and Korean. We can discuss your case in a language you are comfortable with so nothing is lost in translation.
Contact Our Durham Nursing Home Abuse Attorneys Today
If you suspect a loved one has been abused or neglected in a Durham nursing home, contact Portner & Shure for a free consultation. There is no fee unless we recover compensation for you.
Other Injury Cases We Handle in Durham
- Durham Car Accident Lawyers
- Durham Truck Accident Lawyers
- Durham Motorcycle Accident Lawyers
- Durham Personal Injury Lawyers
- Durham Wrongful Death Lawyers
- Durham Premises Liability Lawyers
- Durham Pedestrian Accident Lawyers
- Durham Bicycle Accident Lawyers
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