Nursing Home Abuse Laws & Liability

In North Carolina, nursing homes are not required to carry liability insurance. If abuse, neglect, or a serious personal injury occurs in a facility with little or no insurance, residents and families are often left without the aid they need to pay for treatment or increased healthcare costs.

When choosing a long-term care facility for your loved one, the North Carolina nursing home abuse attorneys at Henson Fuerst recommend asking if an establishment has liability coverage. Doing so may reveal whether the facility is profit-focused or patient-focused.

Arbitration Agreements

An arbitration agreement is a legal document that restricts or eliminates a resident’s right to bring a lawsuit against a nursing home facility in the event of abuse or neglect.  Many residents, or their family members, unknowingly sign, or feel forced to sign, an arbitration agreement upon admission.  However, do not feel forced.  Federal law prohibits a nursing home from requiring residents, or their family members, to sign an arbitration agreement as a condition for admission to the facility.

Challenging an Arbitration Agreement

When you or a loved one signs the admission papers to a long-term care community, be sure to look for any legal language that addresses arbitration. These paragraphs are often buried deep in the forms, and the admissions staff may try to speed through the signing process—pushing forms quickly, one after another. Don’t let anyone make you feel rushed. Take your time and review all the documents thoroughly.

If a document does contain arbitration agreement language, don’t sign anything without first consulting the North Carolina nursing home abuse lawyers at Henson Fuerst—you could be forfeiting your loved one’s rights.

Nursing Home Reform Act of 1987

In 1986, a study found that nursing home residents were being widely abused and neglected across the United States. As a result, Congress passed the Nursing Home Reform Act (OBRA ’87) to help ensure that residents of long-term care facilities receive the respect and care they deserve.

The act includes provisions, for:

  • resident rights,
  • required resident services,
  • Medicaid and Medicare provisions,
  • survey regulations,
  • and more.

The North Carolina nursing home abuse lawyers from Henson Fuerst can help answer any questions you have about these laws and regulations. If you suspect that your loved one’s facility is in violation of OBRA ’87, contact us today at (919) 781-1107 or complete a free initial consultation form.

Required Resident Services

According to OBRA ’87, nursing home facilities must provide the following services to all residents:

  • A comprehensive care plan for each resident
  • A full-time social worker (for facilities with more than 120 residents)
  • Dietary services
  • Nursing services
  • Periodic medical, emotional, and physical assessments
  • Pharmaceutical services
  • Rehabilitation services
  • Social services

To ensure nursing home facilities remain in compliance with OBRA ‘87 requirements, every 15 months the state is required to perform an announced evaluation of every facility. This routine check includes resident interviews and violation investigations.

If a facility fails to provide these required services and your loved one suffers as a result, Henson Fuerst can help.

We’ll Fight for Your Loved One’s Rights

If your loved one is suffering from nursing home abuse or neglect, the experienced North Carolina nursing home abuse lawyers at Henson Fuerst will stand up for your family member’s rights. Contact us anytime at (919) 781-1107 or complete a free initial consultation form. When you call, you will speak with a dedicated, compassionate attorney about your case absolutely FREE. We will investigate every detail of your claim at no cost to you and fight hard to ensure that your elderly family member’s rights are protected.

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Raleigh Office

3110 Edwards Mill Rd Suite 100,
Raleigh, NC 27612
P (919) 781-1107
F (919) 781-8048

Rocky Mount Office

2317 Sunset Ave,
Rocky Mount, NC 27804
P (252) 443-2111
F (252) 443-9429

Jacksonville Office

Appointment Only
P (910) 377-7671
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