Durham Nursing Home Abuse Lawyer

Nursing Home Abuse Lawyer in Durham, NC

Families go to great lengths to secure a safe, supportive environment for their loved ones as they age. Unfortunately, despite taking these precautions, many residents will still fall victim to neglect or abuse. If you or a loved one is in this situation, you need a Durham nursing home abuse lawyer.

What Is Nursing Home Abuse in Durham?

The state of North Carolina has 419 certified nursing facilities serving over 34,000 residents. These residents and their loved ones expect top care and compassion from staff. But unfortunately, abuse does happen in nursing homes, with at least 10% of elderly people being abused in way each year. Some of the most common ways residents are abused in nursing homes are:

Neglect

Elder neglect is a critical issue within nursing homes. It occurs when a caregiver fails to meet a resident’s basic needs to the point of causing physical or emotional harm. Because neglect constitutes a breach of the “duty of care,” providers may face severe legal consequences.

Common examples of nursing home neglect include:

• Isolation, such as leaving residents unattended in their rooms for extended periods.
• Malnutrition
• Improperly treating a patient’s known injuries or illnesses.

The consequences of neglect can be devastating and long-lasting.

Psychological Abuse

Psychological abuse involves the use of verbal or non-physical tactics to harm, manipulate, or control another person. In a caregiving context, this often manifests as intimidation, verbal aggression, or social isolation. These actions can severely undermine a patient’s mental health and emotional autonomy.

Common signs of abuse by care providers include:

• Intimidation, yelling, or insulting the resident.
• Neglecting a resident’s questions or requests for help.
• Restricting participation in social activities.

Victims may exhibit sudden depression, social withdrawal, insomnia, or unexplained weight loss.

Financial Abuse

Financial abuse in nursing homes occurs when a caregiver misappropriates a resident’s funds or property. Since victims often trust their exploiters or are unaware of the theft, they are uniquely vulnerable to losing their life savings and financial security.

Common forms of financial abuse include:

• Stealing jewelry, electronics, or cash.
• Using a resident’s credit cards or opening new accounts in their name.
• Coercing or tricking a resident into granting power of attorney to gain control over their assets.

What Should You Do if You Believe Abuse Is Happening in a Durham Nursing Home

Elder abuse in Durham nursing home facilities is a serious issue that rarely resolves without intervention. If you or a loved one is facing mistreatment, taking action is the only way to ensure your safety and prevent future harm. If you suspect neglect or intentional harm in a nursing home, take these steps:

Contact Emergency Services

Call 911 if there is an immediate threat to life or safety. Involving law enforcement ensures that victims receive urgent medical attention and that a formal investigation can begin. Police reports can serve as vital documentation to ensure that negligent parties are legally held responsible.

Document Symptoms and Behaviors

Be vigilant for physical or emotional changes. Keep a detailed log of any suspicious marks, sudden behavioral shifts, or hygiene issues. You should also record specific dates, times, and the circumstances around these observations. A thorough timeline is invaluable when building a case against a facility.

Engage a Long-Term Care Ombudsman

Every state provides access to an Ombudsman, who is a dedicated advocate for nursing home residents. These officials are trained to investigate grievances and mediate disputes between families and care facilities. They provide an objective lawyer of oversight to ensure that resident rights are being upheld.

Seek Legal Counsel

When you hire a nursing home abuse lawyer like the Law Office of Jacob Goad, you can retain the professional guidance that is needed to navigate the complex law around nursing home abuse. Your lawyer can help evaluate your legal options, manage the gathering of evidence, and fight for the compensation and justice you or your loved one deserves.

About the Law Office of Jacob Goad

The Law Office of Jacob Goad is a North Carolina-based firm that focuses on personal injury and workers’ compensation cases. The firm is led by attorney Jacob Goad, who graduated from the University of North Carolina and was inspired to help individuals navigate the complex recovery process following accidents.

FAQs

What Is the Statute of Limitations for Nursing Home Abuse?

The statute of limitations for nursing home abuse depends on the nature of the abuse. For personal injury, victims have three years from the date of the incident or discovery to file a claim. If the abuse results in wrongful death, the deadline is shortened to two years.

Specific exceptions may extend the timelines for individuals with mental disabilities or in certain medical malpractice scenarios. You should discuss your situation with a lawyer as soon as possible.

What if My Loved One Has Dementia and Cannot Explain What Has Happened?

In North Carolina, a loved one’s inability to communicate does not bar you from legal action. You can protect them by documenting visible injuries, behavioral changes, or hygiene issues. Since dementia patients are especially vulnerable, state law relies on medical records, expert testimony, and facility staffing logs to establish negligence.

What Kind of Damages Can We Recover for Nursing Home Abuse?

In North Carolina, victims of nursing home abuse can recover economic damages for quantifiable losses like medical bills, rehabilitation costs, and financial exploitation. Non-economic damages can also be awarded to compensate for physical pain, emotional distress, and loss of enjoyment of life. If the abuse results in a fatality, families can also pursue wrongful death damages for funeral expenses and loss of companionship.

Can the Nursing Home Retaliate if I Complain?

In North Carolina, it is illegal for a nursing home to retaliate against you for reporting abuse. Both the state and federal Nursing Home Reform Acts protect residents’ rights to voice grievances without fear of coercion, discrimination, or reprisal. If you suspect retaliation, such as social isolation, delayed care, or threats, you should document the incidents and contact the North Carolina Long-Term Care Ombudsman and a nursing home abuse lawyer right away.

Hire a Nursing Home Abuse Lawyer

Discovering that a loved one may be suffering from nursing home abuse is heartbreaking, but you do not have to face it alone. At the Law Office of Jacob Goad, we understand the complexities of resident rights and nursing home law in North Carolina. Reach out to us right away so we can advocate for you and your loved one.