Nursing Home Negligence FAQs


What constitutes nursing home negligence?

Although the exact definition may vary between states, nursing home negligence can generally be defined as the failure to provide any nursing home resident with the services they need for health and safety. For many nursing home residents, this can include shelter, food, drink, medical care, clothing, sanitary conditions and other needed provisions.

The rest of my family never paid attention to my mother’s nursing home care. Do I have to tell them about my nursing home settlement or nursing home claim?

Each person entitled to any portion of the estate must be informed of a nursing home negligence claim if it is being filed. This does not mean, however, that all persons are entitled to a portion of the settlement.

After a settlement has been reached, you and your nursing home negligence lawyer will be able to work with the court and the rest of your family or beneficiaries to determine the amount of the settlement each person is entitled to.

What will happen after I file my nursing home complaint?

After you file your nursing home negligence claim, there will most likely be an investigation into the circumstances surrounding the claim. While this may include interviews with nursing home staff, the law will protect your loved one from additional abuse or negligent treatment. After a nursing home negligence claim has been filed, it is against the law to retaliate against the nursing home resident in any way.

It may also be a good idea to find a different nursing home or care facility for your loved one while the nursing home negligence case is being pursued.

What information will be helpful for my nursing home negligence claim?

If you are filing a nursing home negligence claim, it is a good idea to write down or document various pieces of information. This can only help your nursing home negligence claim, as well as be of great value to your nursing home negligence lawyer. Some of the items you should document include:

  • Your relationship to the nursing home resident
  • Time and date of the nursing home negligence incident(s)
  • Contact information for you and the nursing home resident
  • Names and contact information of nursing home staff
  • Names of nursing home staff who are involved in the nursing home abuse
  • List of resulting injuries
  • Medical records prior to and after the nursing home negligence
  • Reasons for resident needing the care of the nursing home

If you believe that you or a loved one has been the victim of nursing home negligence or abuse, contact DeMayo Law Offices, L.L.P. ® to schedule your free initial consultation.

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With North Carolina office locations in Charlotte, Hickory, Monroe and in Columbia, South Carolina, DeMayo Law Offices have been serving the state since 1992. You can contact us 24/7 and if you are unable to come to us - we will come to you.


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