At Leone Noble & Seate, we are dedicated to handling the civil litigation of cases involving neglect and abuse of the elderly in long-term care facilities licensed as nursing home or assisted care living facilities. Neglect and abuse of the elderly happens every day and can be physical, emotional or simple negligence.
No matter what, nursing home abuse must be stopped. The attorneys at Leone Noble & Seate are experienced in litigation of cases involving nursing home neglect. We have the knowledge, experience and compassion to hold nursing home facilities accountable for the harm they cause the elderly and their families. We believe that nursing home operators should be accountable when they provide substandard care for their patients.
All too often the elderly have no one to speak for them and we believe our firm should be the voice for the abused and the neglected when this happens.
Frequently Asked Questions:
What do I do if I suspect nursing home abuse?
You should immediately notify the head of the nursing home and document it in writing. Ask them to investigate and call you. Make more frequent visits unexpectedly. Keep a close eye on the abused person. Follow up on your request. If it is something that is causing serious medical problems, request a doctor be consulted immediately. Follow up with the doctor. Start a journal of your visits to the home, what you observe, what you are told, and the problems you are seeing.
What if I believe the abused person is in jeopardy or nothing is being done?
If you believe the matter is serious enough and you are not satisfied with the care being given or the follow up on any of your requests, you should immediately notify the North Carolina Division of Facilities. They have an investigation division that follows up on all complaints regarding nursing homes. The phone number is 919-733-8499. Follow up with this call and ask for a written report on their investigation. You can also make arrangements to have the abused person moved if need be.
When do I need a lawyer?
Anytime any elderly person suffers from abuse you should contact a lawyer. Make the complaint to the N. C. Division of Facilities and then call a lawyer. This lawyer can tell you whether or not you need legal counsel.
How is a nursing home case filed?
A lawyer will conduct a thorough investigation into the facts and circumstances surrounding the abuse and make a determination if there would be a good chance the elderly person would recover money as a result of the abuse. The report from the N. C. Division of Facilities goes a long way in helping with this decision. Most elderly people need to have a court-appointed guardian to file the action as they are not usually competent to handle their own affairs. Once the lawyer determines that a good case exists, a complaint is filed with the Court against the nursing home.
What if someone dies as a result of abuse?
The family of the deceased person must open an estate and have someone appointed to act as the Administrator of the Estate. This person then hires the lawyer and acts as the representative during the lawsuit. If the jury awards money, then the heirs of the deceased person inherit the money after paying the estate bills, attorney fees and costs.
What makes a successful nursing home case?
Juries do not like facilities that do not take proper care of the elderly. Thus testimony from witnesses and family who have observed the abuse, attempted to correct it, and tried to protect the victim is crucial. In awarding money to the family of a deceased abused person, the jury will not award money if the family never visited or made inquiries.
How can I protect someone I know in a nursing home?
We cannot stress enough that people who visit daily or weekly are the front-line defense for the elderly. Make unexpected visits to the home. Walk around the home and observe the conditions existing. Make sure you know the names of the people who care for the person you are interested in. When you see something wrong, report it! Do not assume if you make a fuss they will “get mad and not care for the person”. The truth of the matter is they become more watchful and careful and provide better care.