Warning signs of neglect and abuse
Neglect often builds slowly, and residents may not be able to speak up for themselves. Watch for:
- Bedsores, also called pressure ulcers, especially on the hips, heels, back, and tailbone
- Falls, especially repeated falls or falls with broken bones
- Sudden weight loss, dehydration, or signs of not being fed or helped to eat
- Unexplained bruises, cuts, or fractures
- Poor hygiene, soiled bedding, or untreated infections
- Being overly sleepy or confused after medication changes
- A resident with memory loss leaving the building without anyone noticing
- Fear of certain staff, withdrawal, or sudden changes in mood
- Missing money, changed accounts, or unexplained charges
One of these signs does not prove neglect. Some can come from illness or aging. But they are reasons to ask questions and get answers.
What to do if you suspect a problem
- Put safety first. If your loved one is in danger, call 911. If they need medical care, insist that they be seen.
- Talk with the facility in writing. Tell the director of nursing or administrator what you saw. Ask what they will do and keep a copy of your message.
- Report it. You can report suspected abuse, neglect, or exploitation of an adult to Adult Protective Services at your county department of social services. You can also file a complaint with the state agency that licenses and inspects care facilities.
- Document everything. Take dated photos of injuries and living conditions. Keep a log of visits, conversations, names of staff, and what you were told.
- Ask for records. Request the resident’s chart, care plan, medication records, and incident reports.
- Consider a move. If you do not trust the care, talk with the resident’s doctor about other options.
Who can act for the resident
To get records or make decisions, you may need legal authority. That usually comes from a health care power of attorney, a general power of attorney, or a court-appointed guardianship. Facilities may ask to see those documents before they share information. If your loved one has died, the personal representative of the estate usually has the authority to request records and bring any claim.
If no one has authority yet, a lawyer can explain the options. Our firm also prepares powers of attorney and handles estate matters.
Legal claims for neglect and abuse
Nursing homes and adult care homes must provide reasonable care to their residents. When they fail to do so and a resident is harmed, the resident, or the estate if the resident has died, may have claims for:
- Negligence, such as poor supervision, short staffing, or failing to follow a care plan
- Medical negligence, when the harm involves nursing or medical care
- Abuse, including physical, emotional, or sexual abuse by staff or others
- Financial exploitation
- Wrongful death, when neglect or abuse caused a death
When a claim involves medical or nursing care, North Carolina’s special rules for medical care cases may apply, including a review by a qualified health care professional before filing. Deadlines are set by statute and can be strict.
Admission papers and arbitration
Many nursing home admission packets include an arbitration agreement. These agreements may say that disputes will go to a private arbitrator instead of a court. Whether such an agreement applies, and whether it can be enforced, depends on how and by whom it was signed. Keep a full copy of every paper signed at admission and bring it to your consultation.
Contributory negligence and the facility's defenses
North Carolina is one of only a few states that still follows contributory negligence, which can bar a claim if the injured person is found even slightly at fault. In nursing home cases, a facility may argue that a resident refused care or did not follow instructions. A resident’s memory loss, illness, and dependence on staff often matter a great deal in answering those arguments. Facilities may also argue that an injury came from illness or aging rather than poor care. The records, staffing information, and inspection history often help show what really happened.
Fees and next steps
We explain our fee in writing before you hire us. We investigate rather than process, we tell families the hard truth, and we prepare every case as though it is going to trial.
Call (336) 281-2008 or request a consultation online. Bring your notes, photos, any power of attorney or guardianship papers, and the admission packet. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
How do I report nursing home neglect in North Carolina?
If someone is in danger, call 911. You can report suspected abuse, neglect, or exploitation of an adult to Adult Protective Services at your county department of social services. You can also file a complaint with the state agency that licenses and inspects care facilities.
Are bedsores a sign of neglect?
They can be. Pressure ulcers often develop when a resident is not turned, moved, cleaned, or fed as needed. Some can develop despite good care, so the records and the resident's condition must be reviewed.
Can I get my parent's nursing home records?
Usually you need legal authority, such as a health care power of attorney or a guardianship. If your parent has died, the personal representative of the estate can usually request them. Ask in writing and keep a copy.
We signed an arbitration agreement at admission. Can we still bring a claim?
Possibly. An arbitration agreement may change where a claim is heard, not whether it exists. Whether it applies depends on how and by whom it was signed, so bring the full admission packet to a lawyer.