If you believe or have reason to suspect that someone in a nursing home is in life threatening danger, you should immediately call 911 or the local law enforcement agency. Suspicions of any abuse in a nursing home facility located in North Carolina , should be brought to the attention of the North Carolina Department of Environment, Health, and Natural Resources or an Elder/Nursing Home Abuse Attorney as soon as possible to request a complete investigation.

Nursing home oversight has been assigned to the U.S. Department of Health and Human Services as a part of the Medicare and Medicaid programs implemented in 1965. The scope of the guidelines and regulations for nursing home operation has since been expanded to include defining and addressing elder abuse issues. Every nursing home in North Carolina is subject to those laws.

Elder abuse occurs when another person acts in a willful or reckless way that may result in the physical injury or death of a nursing home resident. Failure to take action in order to prevent an injury or death, or simply neglecting the needs of a resident, is included in the definition of abuse. Signs of abuse include bruises, broken bones, or a sudden change in physical or mental health, and the presence of any one of them should arouse suspicions that the victim is being abused.

Hitting, punching, slapping, poking, or pinching of a nursing home resident is considered to be physical abuse and is against the law. Without the expressed and informed consent of the resident, any touching or exposure of a person’s private body parts of anyone’s sexual gratification is considered to be sexual abuse and this, too, is a violation of the resident’s rights. The State of North Carolina has laws prohibiting any such abuses.

Threats of punishment, humiliation, and any forms of harassment are considered mental abuse. Even if a patient’s mental state or disability prevents him/her from understanding what is meant by the remarks, the use of verbal, written, or gestured language that conveys a negative message or is in any way belittling to the patient is also prohibited. Secluding a resident so as to prevent interaction with other residents or having access to his/her room may, except in the course of brief, monitored circumstances, also be considered a form of mental abuse.

Nursing home reviews conducted by the State of North Carolina have proven to be less than adequate. If you have reason to believe that a nursing home is violating a patient’s rights, it is important to seek out immediate assistance on behalf of that person. An Elder/Nursing Home Abuse Attorney works to help ensure the safety and well being of nursing home residents and is available to provide counsel regarding protection of a patient’s rights.

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