What are the Signs of Nursing Home Abuse or Neglect in North Carolina?

From the team at Huggins Law Firm, P.C., we want to talk about one of the hardest and most painful decisions a family can make.

The day you helped your parent or loved one move into a nursing home was probably one of the toughest days of your life. You made this choice because you love them. You trusted a team of “professionals” to give them the care they need—the care you could no longer provide on your own.

So, what happens when you start to see things? When the phone calls go unanswered. When your mom sounds afraid. When you find bruises you can’t explain, or you see your dad has lost so much weight.

The feeling is a horrible mix of anger, betrayal, and a deep, deep guilt. “How did I let this happen?” “Why didn’t I see it sooner?”

We want to tell you something right now: This is not your fault. You trusted a “system” that is supposed to protect our most vulnerable. And that system failed.

Our team of lawyers has been a part of the North Carolina community for decades. We have sat at kitchen tables in Greensboro, Winston-Salem, and High Point, listening to families just like yours. Our firm is not just a Personal Injury firm. We have deep experience in Criminal Law, Family Law, Estate Planning, and Bankruptcy.

This broad experience is so important here. A nursing home case is not just an “injury” case.

• It is an Estate Planning matter (who has the right to file the claim?).
• It can be a Wrongful Death case (if the neglect led to death).
• It can even be a Criminal Law case (if the abuse was intentional).

You need a law firm that understands all of it. This is not a simple slip-and-fall. This is a fight against a big, powerful corporation and their insurance company.

We are here to be your voice. This page is your simple, clear guide to the truth.

Key Takeaways from This Page

We know you are overwhelmed. If you only read one section, make it this one:

• Abuse vs. Neglect: Abuse is intentional harm (hitting, yelling, stealing). Neglect is careless harm (ignoring, not feeding, not turning a patient). Neglect is far more common, and just as deadly.
• Bedsores are NEVER “Normal.” A bedsore (or “pressure ulcer”) is almost always a sign of pure, 100% neglect.
• The #1 Problem is “Understaffing.” Most neglect happens because the corporation that owns the home chose to put “profits over people” and did not hire enough staff.
• The “0% Trap” (Contributory Negligence): Just like in a car accident case, North Carolina has a harsh rule. The nursing home’s lawyers will try to find any way to blame your loved one.
• The Clock is Ticking. You have three (3) years for an injury claim. But if your loved one died from the neglect, you only have TWO (2) years to file a Wrongful Death claim.
• You Must Get the Records NOW. The most important evidence is the nursing home’s own charts. They can “disappear” or be “changed.” You need a lawyer to send a legal demand to protect them today.

The Two Faces of Harm: Abuse vs. Neglect

When you call us, you might say, “I think my mom is being abused.” What you are often describing is “neglect.” Both are horrible, but it helps to know the difference.

1. Nursing Home NEGLECT (The “Careless” Harm)

This is the most common form of harm. It is not (usually) one “evil” person. It is a broken system that fails to do the most basic jobs.

The #1 cause of neglect is Understaffing. The corporation that owns the home (often in another state) decides to hire only 10 staff members when they know they need 15. The staff is overworked, underpaid, and cannot possibly care for everyone. So, what happens?

• They don’t have time to walk your dad to the bathroom, so he has a “fall.”
• They don’t have time to help your mom eat, so she wastes away.
• They don’t have time to turn your grandfather in his bed, so he gets a bedsore.

This is a corporate choice. And it is negligence.

The “Secret Stat” You Need to Know: This is not a small problem. In the U.S., about 70% of nursing homes are “for-profit.” A landmark study published in the New England Journal of Medicine (a highly respected medical journal) showed that for-profit nursing homes are consistently linked to lower staffing levels and worse care. This is a business model that puts your loved one’s life at risk to make more money for shareholders. (Source: NEJM).

2. Nursing Home ABUSE (The “Intentional” Harm)

This is what people think of. This is one “bad apple” who is choosing to cause harm.

• Physical Abuse: Hitting, slapping, shoving. Using restraints when they are not needed.
• Emotional Abuse: Yelling, swearing, making threats. Isolating your loved one from others. Mocking them.
• Financial Abuse: This is a huge one. Stealing cash, checks, or jewelry. Forging a signature. Tricking your loved one into changing their Will or Estate Plan. (This is where our firm’s Criminal Law and Estate experience is a huge help).
• Sexual Abuse: This is the most horrible. It is any unwanted sexual contact. It happens. And we fight for these victims.

Whether it is “neglect” or “abuse,” the result is the same: your loved one is hurt, and the facility is responsible.

The 5 Big “Red Flags” You Can’t Ignore

Your loved one may be afraid to talk. Or, they may have dementia and cannot talk. The “proof” is not in what they say. It is in what you see.

If you see any of these 5 signs, you need to call a lawyer today.

1. Bedsores (or “Pressure Ulcers”)

Let us be 100% clear: Bedsores are NEVER “normal.” They are not a “sign of old age.” A bedsore is a deep wound that happens when a person is left in one position for too long. The pressure cuts off blood flow, and the skin dies and rots, right down to the bone. This only happens when a nursing home staff is not turning the patient every two hours, like they are legally required to do. It is 100% pure neglect.

2. Unexplained Falls, Bruises, or Broken Bones

“We don’t know what happened” is not an acceptable answer.

• Falls: One fall can be an accident. Two or three falls is a pattern. It means the staff is not supervising. They are not using bed rails. They are not answering the call light.
• Bruises: Look for bruises on the wrists or upper arms (from being grabbed or pulled). Look for bruises on the back or face. These are not “bumping into a table” bruises.
• Broken Bones: A broken hip from a “fall” is often not a fall. It is from a staff member dropping your loved one while trying to move them from the bed to a wheelchair (a “transfer injury”).

3. Dehydration or Malnutrition

Look at your loved one.

• Have they lost a lot of weight, very fast?
• Are their lips chapped?
• Is their skin “tented” (when you pinch it, it stays up)? This is a sign that no one is even doing the basic job of making sure they get a glass of water or help with their food. This is pure neglect.

4. Sudden, Scary Changes in Behavior

Your sweet mom is now “agitated” and “yelling.” Your social dad is now “withdrawn” and “hiding” in his room. When you see this, you need to ask why. Often, it is fear. They are afraid of a certain nurse. They are afraid to ask for help because they know they will be yelled at, or worse. This is a classic sign of emotional or physical abuse.

5. The “Smell Test” (Poor Hygiene)

This is a simple one. When you walk in, what do you smell?

• Does your loved one smell like urine or feces? (This means they are not being cleaned).
• Is their room dirty?
• Are their bed sheets stained? This is a sign of a facility that has given up. It is a sign of system-wide neglect.

What is the “North Carolina Residents’ Bill of Rights”?

This is your legal “ammo.” North Carolina law gives your loved one a legal “Bill of Rights.” It is found in the law (N.C. General Statute § 131E-117).

This is not a “suggestion” from the nursing home. This is THE LAW. This law says your loved one has the right:

• To be treated with dignity and respect.
• To be free from mental and physical abuse.
• To be free from restraints (physical or chemical) that are not for medical reasons.
• To manage their own money.
• To have privacy (including in their medical records).
• To not be “transferred” or “discharged” for no good reason.

When a facility breaks any of these rules, they are not just “being mean.” They are breaking the law. An experienced nursing home lawyer uses this law as the foundation of your case.

Who is Responsible? (It’s Not Just One Nurse)

A good lawyer knows that the nurse who hurt your mom is not the only one at fault. In fact, that nurse often has no money. Our job is to find everyone who is responsible. We go up the “chain of command.”

1. The Nurse or Aide: The “front-line” person who did the act, or failed to do the act.
2. The Nursing Home Facility (The “Boss”): This is the main target. We hold the company responsible for:
   • Negligent Hiring: Did they hire an aide with a criminal record? Did they even do a background check? (Our Criminal Law team knows exactly how to find this).
   • Understaffing: This is the corporate choice to put profits over safety.
   • Failure to Train: They hired a new person but didn’t train them on how to use the patient lift. And they dropped your dad.
   • Failure to Supervise: The managers knew “Nurse B” was lazy, or mean, and they did nothing… until it was too late.
3. The Parent Corporation: The “big boss” in another state. We follow the money all the way to the top of the corporation that set the “low-staff” budget that caused the neglect.

What Do I Do Right Now? (A 3-Step Plan)

If you are reading this and your stomach is in knots… you need a plan. Here it is.

Step 1: Get Your Loved One SAFE.

If you believe they are in immediate medical danger, call 911. Get them out of that facility and to a hospital ER. A hospital doctor is an “outside” expert who will write down everything they see (the bedsore, the bruises, the dehydration). This is powerful evidence.

Step 2: REPORT IT. (Create a Paper Trail).

You must complain.

• Complain to the Facility: Do it in writing (an email is fine). Send a calm, clear email to the “Director of Nursing” or the “Facility Administrator.” (e.g., “I am writing to formally complain that I found my mother, Jane Doe, in a soiled diaper, and she has a new, open wound on her back. This is unacceptable.”)
• Complain to the State: This is the “secret” step most people don’t know. You must file a complaint with the North Carolina Division of Health Service Regulation. They are the state agency that investigates nursing homes. This is a free and powerful tool.

Step 3: Call an Experienced Lawyer. NOW.

Do not wait. Do not think, “I’ll wait to see if it gets better.” Why? Because of evidence.

• The Records: The second you complain, that nursing home goes on “lockdown.” They are already building their defense. The records can “disappear” or be “fixed.”
• A Lawyer’s Demand: The moment you hire our firm, we send a legal demand letter. It tells them they must save everything: all charts, all videos, all staff schedules. We stop them from destroying the proof.

What if My Loved One Died From the Neglect?

If your loved one died from an infection (from a bedsore), or from a brain bleed (from a fall), or from choking… this is no longer just a “negligence” case.

This is a Wrongful Death case.

This is so important for two reasons:

1. The Clock is FASTER. You only have TWO (2) years from the date of death to file a lawsuit.
2. Who Can File? You cannot just file this as “the son” or “the spouse.” The law says the case must be filed by the “Personal Representative” of your loved one’s estate.

This is an Estate Planning issue. You must go to the Clerk of Court and open an estate first. This is where our firm’s broad experience is your best asset. You do not need to hire two law firms. Our Estate lawyers can help you open the estate, and our Personal Injury lawyers can file the lawsuit. We handle all of it.

Why a Local NC Lawyer is Your Only Choice

You are hurting. You are probably searching for the “best nursing home lawyer near me.” The “best” lawyer is not a 1-800 number from a TV ad. The “best” lawyer is a local lawyer.

Why?

• We know the local facilities. Our team in Greensboro knows the nursing homes in Guilford County. We know the ones in High Point, Asheboro, Burlington, and Kernersville. We know their reputations.
• We know the local courts. A case in the Graham courthouse (Alamance County) is different from one in Winston-Salem (Forsyth County). We know the local system.
• We are your community. We are the same firm your neighbors trust with their Family Law case, their Bankruptcy filing, or their Criminal case. We are not a “PI mill” that only handles accidents. We are a full-service firm that is here to protect families.

We Are Here to Be Your Loved One’s Voice

Your loved one’s voice may have been taken from them. They may be scared, or they may be unable to speak for themselves. Our job is to be their voice. Our job is to be your shield. Our job is to hold these giant, for-profit corporations accountable.

It costs you nothing to talk to us. It costs you nothing to hire us. All of our Personal Injury and nursing home cases are on a “contingency fee.” We only get paid if we win your case.

Call us. Let our family help yours.