Nursing Home Abuse - FAQ

North Carolina attorneys

Below you will find answers to frequently asked questions about nursing home abuse and neglect. If you have a question that is not answered here, please feel free to contact a North Carolina nursing home abuse attorney at Crumley & Associates today. Together we can work toward eliminating nursing home abuse.

1. If I take legal action against the nursing home, will the abuse stop?
   It should. If it is clear from the start who committed the abuse or neglect, the nursing home will probably remove those people on their own. If it is not clear who committed the nursing home abuse, our investigators will attempt to find out. We will advocate for the abusers to be removed from their positions immediately.

2. How do I get my loved one out of the nursing home?
   If a resident is in danger and you believe they must be removed from the home at once, we suggest contacting a local at-home health service you feel comfortable with or hire a nurse to watch your loved one in the nursing home. Check your Yellow Pages to find a service or call Crumley & Associates.

3. What if a resident says the nursing home is abusive, but the resident has dementia or Alzheimer's?
   Listen to the resident. Look for visible signs of abuse (see our Signs of Abuse page). If you see any of the signs of nursing home abuse or neglect, call us. We'll consult with you for free, and, if we believe abuse or neglect has occurred, we'll put our private investigators to work on the case.

4. Can a nursing home evict a resident?
   Residents can only be discharged for the following conditions:

• If they fail to pay rent

• If they pose a danger to other residents

• If they need special medical attention that the home can’t provide

• If their condition improves so they no longer need the home

• Residents cannot be discharged for minor issues like how clean they keep themselves or their room. Residents have the right to appeal any discharge.

5. How much will a Crumley & Associates nursing home abuse attorney charge?

• There is no charge for your first visit or telephone call. All your questions will be answered and there is no obligation.

• We never charge a fee for injury cases unless we obtain a recovery for you. Our fee is a percentage of your recovery.

6. How long will it take to remedy the situation and get my loved one safe?
   Our first move is always to help you understand your options so you can get your loved one safe as soon as possible. The total length of time a nursing home abuse or neglect case takes depends on the specific case. In some cases the abuse and neglect are so terrible that the nursing home wants to settle out of court right away. In other cases, the nursing home doesn't believe the abuse and neglect was significant and they take a longer time to make an acceptable offer. They may wait and let a judge and jury decide the penalty for them. We constantly do everything we can to move our clients' cases forward toward settlement. Contact the North Carolina nursing home abuse attorneys at Crumley & Associates today.

7. How do courts measure the worth of a nursing home abuse injury?
   Courts use rulings and awards from previous abuse and negligence cases to help determine the worth of a victim's pain and suffering. We also use these previous rulings and awards to estimate our offer to the nursing home. Technically, however, your case will be worth either the maximum amount the nursing home will offer us to settle or the maximum amount of an award offered by a judge and jury if your case goes to court. The worth of your case depends on many things, such as how the abuse or neglect occurred, what injuries were suffered, future medical problems or other pain and suffering, the amount of medical expenses and future medical costs.

Most experts would rate stress as a major factor contributing to abuse and neglect in nursing homes. Nursing home employees are usually paid less than hospital employees and are expected to see more patients in a shorter period of time, which is a very stressful situation. Other contributing factors can be psychological, social or economic problems of the abuser. Each case is different; call Crumley & Associates today to discuss your unique case. The bottom line is that none of these factors are excuses for abuse or neglect. We trust nursing homes to take good care of the people that we love. No excuse can replace the pain of seeing a loved one hurt.