When Your Back Is Against The Wall
Nursing Home Negligence Lawyers in Charlotte
When a loved one depends on a long term care facility for daily support, families in Burlington and across Alamance County expect basic needs to be met consistently and safely. Nursing home negligence can involve breakdowns like delayed toileting help, unsafe transfers, missed wound care, or poor monitoring of nutrition, hydration, and medications. These problems can show up in nursing homes, rehabilitation centers, assisted living communities, and adult care homes, and they often become clear through patterns such as repeated falls, unexplained injuries, rapid decline, or documentation that does not match what you are seeing.
If you are concerned, start with safety and medical evaluation, then document what you observe and ask direct questions about the care plan and what steps the facility took. North Carolina resident-rights protections apply in these settings, and reporting channels exist to help address ongoing risks while a paper trail is created. Lanier Law Group can help you understand whether the facts point to negligence, what records are most important, and what practical next steps can protect your loved one and preserve the evidence.
What Nursing Home Negligence Means in Burlington and Alamance County
Nursing home negligence generally means a facility did not meet its duty to provide reasonable care and supervision, follow care plans, and respect resident rights, and that failure contributed to injury, illness, or death. These issues can arise in skilled nursing facilities, rehabilitation centers, assisted living communities, and adult care homes serving Burlington and the surrounding area.
Negligence is often tied to identifiable breakdowns in day-to-day care. Examples can include delayed response to call lights for toileting assistance, unsafe transfers when a care plan requires two staff members, missed wound care for early skin breakdown, or inadequate monitoring of nutrition, hydration, and medications. The facts matter, including what the care plan required and what the records show actually happened.
Resident-rights protections in North Carolina require facilities to provide adequate and appropriate care and to treat residents with dignity. When a facility ignores a care plan, fails to respond to known safety risks, or documents care that does not match what families observe, those concerns warrant careful review.
What Is Nursing Home Negligence vs Nursing Home Abuse in North Carolina?
Negligence usually involves carelessness, inattention, or failures in supervision. Abuse typically involves intentional harm or a knowing disregard for a resident’s safety.
Negligence may include failing to follow a fall-risk plan or not providing repositioning assistance for a resident who cannot move independently. Abuse may include physical harm, threats, or sexual assault. Both can violate resident rights and may justify reporting and legal action, depending on the circumstances and the available evidence.
If you suspect mistreatment of any kind, focus first on safety, medical evaluation when needed, and clear documentation of what you are seeing.
Do Assisted Living and Adult Care Homes Have Similar Resident Protections?
Assisted living facilities and adult care homes in North Carolina must also protect residents and provide adequate care. These settings may feel more home-like than nursing homes, but residents may still rely on staff for medications, meals, hygiene, and supervision.
Families sometimes use “nursing home” as a general term even when a loved one is in assisted living or an adult care home. The same practical concerns still apply: whether staff are following care plans, responding to changes in condition, and providing safe day-to-day care.
Reporting options can also overlap, but each channel serves a different purpose. The Long Term Care Ombudsman can advocate for the resident and help address rights and care concerns through communication and problem-solving. Adult Protective Services can review reports involving disabled adults who may be abused, neglected, or exploited. You can make reports when you believe someone is at risk, even if you are unsure which label applies.
For a free, confidential consultation, contact us online or call 919-342-1368 now.
Common Negligence Problems and Warning Signs in Burlington Nursing Homes
Certain negligence patterns appear repeatedly in nursing homes and other long term care facilities. Understaffing, weak training, delayed call-light response, and ignored care plans can create conditions where preventable injuries and medical complications occur.
Negligence Type | Common Examples | Warning Signs | Who to Call |
Falls | Unassisted transfers, ignored fall-risk precautions, cluttered walkways | Bruises, fractures, head injuries, repeated “unwitnessed” falls | 911 for emergencies, Alamance Regional Medical Center, facility leadership, DHSR Complaint Intake Unit |
Bedsores and Skin | Failure to reposition, wet linens, poor incontinence care | Red or open areas on heels, hips, or tailbone, foul odor, complaints of pain | Treating provider, facility doctor, DHSR, Long Term Care Ombudsman |
Infections and Sepsis | Poor wound care, unsafe catheter care, missed or delayed treatment | Fever, confusion, rapid breathing, low blood pressure, repeated infections | 911 for emergencies, treating provider, DHSR, Alamance County APS |
Not offering fluids, inaccurate intake tracking | Dry mouth, dizziness, confusion, dark urine, sudden weight loss | Facility nurse, treating provider, DHSR, Ombudsman | |
Malnutrition | Missed meals, lack of feeding help, wrong diet | Visible weight loss, weakness, reduced appetite, loose clothing | Treating provider, dietitian, DHSR, APS |
Medication Errors | Missed doses, double doses, wrong medication, unsafe drug combinations | Sudden confusion, falls, oversedation, unusual lab results | Prescribing provider, facility pharmacist, DHSR, APS if exploitation or misuse is suspected |
Wandering and Elopement | Poor supervision, broken alarms, unsecured exits | Unexplained injuries, residents found in unsafe locations, reports of a resident leaving unnoticed | 911 for emergencies, facility leadership, DHSR, Ombudsman, APS |
Unsafe Transfers | One-person transfers when two are required, no gait belt, broken lifts | New bruises, fear of certain staff, reports of rough handling | Facility administrator, DHSR, APS |
Hygiene and Environment | Soiled bedding, pests, strong odors, unchanged clothing | Persistent odors, dirty rooms, skin irritation, frequent urinary tract infections | Facility management, DHSR, local health department, Ombudsman |
Many problems begin with understaffing. When there are not enough nurses and aides, residents may wait too long for toileting help, repositioning, and meal assistance. Those delays can lead to falls, pressure ulcers, infections, and rapid decline.
Care plan failures are another common thread. A resident may be assessed as needing a walker, an alarm, or two staff for transfers, yet staff may not follow those instructions consistently. When a serious fall results in emergency evaluation at Alamance Regional Medical Center, it is reasonable to ask whether the facility followed the care plan and documented the incident accurately.
Medication problems can also be dangerous for older adults. Missed heart medications, double doses of blood thinners, or sedating drugs given at the wrong time can lead to confusion, falls, bleeding, or other medical emergencies. Poor hygiene and unsafe environmental conditions can raise infection risk and cause distress, especially when problems persist despite repeated concerns.
What Are the Most Common Signs of Nursing Home Neglect in Burlington?
Neglect often appears through a combination of physical changes, medical issues, and environmental conditions. Looking at all three can help families spot concerns earlier.
Common signs include:
- Physical signs such as bruises, fractures, pressure ulcers, or other unexplained injuries
- Medical signs such as sudden weight loss, repeated infections, oversedation, or unmanaged pain
- Environmental signs such as strong odors, soiled bedding, dirty clothing, or long delays in responding to call lights
When you observe more than one warning sign, it is reasonable to document what you see, ask direct questions about the care plan, and seek outside oversight when conditions do not improve.
When Is a Fall a Red Flag for Negligence?
Not every fall is preventable, but many are linked to lapses in care. A fall can be a red flag when the facility knew a resident was at high risk and failed to take reasonable precautions.
Concerning factors can include a missing fall-risk assessment, a care plan that was not followed, or transfers performed by one aide when two were required. Falls that occur after long waits for assistance, when a resident tries to reach the bathroom alone because no one responds, also deserve close attention.
If explanations are inconsistent, documentation does not match what you observed, or falls happen repeatedly, it may indicate negligence rather than an unavoidable accident. Clear records and prompt medical evaluation are important, especially when there is head trauma, a suspected fracture, or a sudden change in cognition.
How Do Bedsores, Dehydration, and Malnutrition Happen in Facilities?
Bedsores, also called pressure ulcers, can develop when a resident remains in the same position too long and staff do not reposition the resident as needed. Early redness can progress into serious wounds when turning schedules are not followed, linens remain wet, or wound care is delayed. When pressure ulcers appear, it is important to understand when they began, how they were documented, and what treatment was provided.
Hydration and nutrition problems often develop when residents need hands-on help with meals and fluids but staffing is inadequate or monitoring is inconsistent. Residents with swallowing difficulties, limited mobility, cognitive impairment, or certain medications may be at higher risk. When intake is not tracked carefully, residents can lose weight, become weak, and develop complications such as aspiration pneumonia or recurrent infections.
These issues require medical attention and careful documentation. Families can also ask to review the care plan to see what assistance was ordered and whether it is being provided consistently.
What Behavior Changes Can Signal Mistreatment or Fear?
Behavior changes are not proof of neglect or abuse, but they can be important warning signs, especially when a resident cannot clearly explain what is happening. Sudden changes may indicate pain, fear, depression, medication problems, or unsafe conditions.
Behavior changes to watch for include:
- Withdrawal from visits, activities, or social interaction
- New fearfulness or agitation around particular staff members or other residents
- Sudden depression, tearfulness, or mood swings that do not match prior patterns
- Reluctance to be alone with certain caregivers or to participate in routine care
- Sleep problems, nightmares, or increased confusion, especially after staff changes or new roommates
- Uncharacteristic anger, yelling, or resistance to care
When behavior changes are significant or persistent, document what you notice and discuss it with medical providers as well as facility leadership. A pattern of changes can be as important as a single incident.
How to Document and Report Suspected Nursing Home Neglect in Burlington
When you suspect neglect, a clear sequence helps protect your loved one and creates a record of what is happening. Safety comes first, followed by medical care, documentation, and reporting.
- Make sure your loved one is safe. If there is immediate danger or a medical emergency, call 911.
- Document what you observe. Take photos when appropriate, write down dates and times, and keep copies of written communications with the facility.
- Escalate concerns within the facility. Speak with the nurse in charge, the director of nursing, or the administrator, and put concerns in writing when possible.
- Report concerns to the NC DHHS Division of Health Service Regulation Complaint Intake Unit at (800) 624-3004 and follow the state complaint process.
- Contact the Long Term Care Ombudsman serving Alamance County through the Piedmont Triad Regional Council for resident advocacy and help addressing rights and care concerns.
- Report suspected abuse, neglect, or exploitation involving a disabled adult to Alamance County Adult Protective Services at (336) 570-6532.
While agencies investigate, families may also choose to seek legal advice to help request records, preserve evidence, and understand available options.
What Should I Document If I Suspect Neglect at a Burlington Facility?
Good documentation can help agencies and attorneys understand what occurred and when. Preserve what you can without interfering with medical care.
Items to document include:
- Dates, times, and short descriptions of each concerning event
- Photos of injuries, pressure ulcers, unsafe conditions, or unsanitary rooms
- Names and roles of staff involved or on duty when incidents occurred
- Notes about call-light response times and repeated delays in assistance
- Copies of emails, letters, or written complaints you provide to the facility and any written responses you receive
- Medical records and discharge summaries from hospitals and treating providers
- Financial or property records if you suspect theft or exploitation
- Any confirmation numbers, report references, or dates and times connected to reports made to DHSR or APS
If you are unsure what to photograph or how to describe what you are seeing, focus on objective details: what happened, when it happened, who was present, and what the facility said in response.
Who Do I Call to Report a Nursing Home in Burlington?
If you need a quick reference, these are common reporting contacts:
- Call 911 for immediate danger or a medical emergency.
- DHSR Complaint Intake Unit: (800) 624-3004
- Long Term Care Ombudsman serving Alamance County through the Piedmont Triad Regional Council
- Alamance County Adult Protective Services: (336) 570-6532
How Do I File a Complaint With NC DHSR or Adult Protective Services?
Before you file, gather basic information such as the facility name and address, the resident’s name, dates of incidents, and a clear description of what you observed. Include details that can be verified, such as visible injuries, missed care, unsafe conditions, and any written communications with the facility.
To file a DHSR complaint, contact the Complaint Intake Unit at (800) 624-3004 and follow the state complaint process. For Adult Protective Services in Alamance County, call (336) 570-6532 and follow the prompts to report suspected abuse, neglect, or exploitation involving a disabled adult.
In either case, provide as much detail as you can. Write down the date and time you reported and any confirmation or case number you receive so you can follow up later.
How Burlington Nursing Home Negligence Lawyers Investigate and Prove a Case
When families bring concerns to Lanier Law Group, the process begins by understanding the resident’s health history, level of independence, and the timeline of events. The investigation then focuses on records and evidence that show what care was ordered, what care was provided, and where breakdowns occurred.
Key sources often include care plans, nursing notes, medication administration records, incident reports, fall logs, wound care documentation, and staffing schedules. Hospital and treating-provider records can help clarify the nature and timing of injuries or medical decline. Prior DHSR findings, survey reports, and APS investigations may also reveal patterns of similar problems.
Witness information can matter as well. Family observations, other residents’ accounts, and statements from former staff may help explain day-to-day practices and supervision. When needed, medical and nursing experts can review records and explain whether the facility met accepted long term care standards.
How Do You Prove Nursing Home Negligence in North Carolina?
To prove nursing home negligence in North Carolina, a claimant generally must show duty, breach, causation, and damages. The facility and staff must have owed a duty to provide reasonable care. A breach occurs when the facility fails to act with reasonable care under the circumstances. Causation means the breach contributed to the injury or death. Damages reflect the losses resulting from that harm.
Evidence can include care plans, nursing notes, incident reports, staffing information, medical records, and findings from oversight agencies. Expert review may be important to connect the facility’s failures to specific injuries and outcomes.
What Records Should Families Ask the Facility to Produce?
Some information is only available through facility records. Families may be able to request records directly with proper authorization, and legal assistance may be necessary if a facility is uncooperative.
Useful records to request include:
- Care plans and updates over time
- Nursing notes and daily charting
- Medication administration records
- Incident and accident reports
- Fall logs and wound care documentation
- Staffing schedules and assignment sheets
- Written grievances, complaint forms, and the facility’s responses
When you request records, ask for complete copies and note what was provided and when. If records appear incomplete or do not match what you observed, that inconsistency can be important.
How Can a Burlington Nursing Home Negligence Lawyer Help Protect Your Loved One?
A nursing home negligence lawyer can help families take organized steps when a resident may still be at risk. Legal support may include requesting records, reviewing care plans and medical documentation, and helping families frame written concerns to facility leadership in a way that creates a clear paper trail.
Counsel can also help coordinate with ongoing investigations by tracking what has been reported, preserving confirmation information, and advising on what to document next. If a transfer to a safer setting becomes necessary, a lawyer can help families plan for evidence preservation while medical providers handle clinical decisions.
No lawyer can promise a specific result. The goal is to protect the resident, preserve the facts, and pursue accountability when the evidence supports a claim.
Compensation and Deadlines for Burlington Nursing Home Negligence Claims
When negligence causes injury, a civil claim may seek compensation for losses such as medical expenses, rehabilitation costs, and the cost of additional care or safer placement. Depending on the circumstances, a claim may also include pain and suffering, emotional distress, and loss of enjoyment of life.
If negligence contributes to a resident’s death, a wrongful death claim may be available. North Carolina law allows recovery of certain losses, including medical expenses related to the final injury or illness, reasonable funeral and burial expenses, the decedent’s pain and suffering before death, and the present monetary value of the decedent’s life to beneficiaries under G.S. 28A-18-2.
Deadlines are strict. Many negligence-based personal injury actions must be filed within three years under G.S. 1-52, while most wrongful death actions must be filed within two years under G.S. 1-53(4). The specific deadline can depend on the facts, so early legal advice is important.
How Long Do I Have to File a Nursing Home Negligence Lawsuit in North Carolina?
For many negligence-based injury claims, the general time limit is three years from the date of injury under G.S. 1-52, although exceptions may apply. Waiting can make it harder to obtain records, preserve evidence, and identify witnesses.
If you suspect negligence, consider seeking guidance promptly so the correct deadline can be confirmed and important information can be preserved.
What Damages Are Available in a North Carolina Wrongful Death Case?
Wrongful death damages can include medical expenses related to the injury or illness that led to death, the decedent’s pain and suffering before death, and reasonable funeral and burial expenses. North Carolina law also allows recovery for the present monetary value of the decedent’s life to beneficiaries under G.S. 28A-18-2, which may include lost income, services, companionship, comfort, and guidance.
The damages available depend on the facts and the evidence. A careful review of records and family circumstances is usually required.
Burlington Nursing Home Negligence Frequently Asked Questions
What Is Considered Nursing Home Negligence?
Nursing home negligence generally involves a failure to provide reasonable care and supervision that leads to preventable harm. Examples can include ignored care plans, unsafe transfers, delayed response to medical needs, inadequate assistance with hygiene or meals, and poor monitoring that contributes to falls, infections, or pressure ulcers. A valid claim depends on the facts and whether the evidence supports the required legal elements.
How Do I Report Nursing Home Abuse or Neglect in Burlington, NC?
Start with safety. Call 911 for immediate danger or urgent medical needs. For non-emergency reporting, you can contact the DHSR Complaint Intake Unit, the Long Term Care Ombudsman serving Alamance County, and Alamance County Adult Protective Services. Reporting can be done even when you are unsure whether the problem is negligence, abuse, or both.
Can I Sue for Wrongful Death After Nursing Home Negligence?
If negligence contributes to a resident’s death, a wrongful death claim may be available under North Carolina law. These claims are typically brought by the personal representative of the estate. Most wrongful death actions must be filed within two years of the date of death under G.S. 1-53(4), so it is important to seek legal advice promptly.
Talk to a Burlington Nursing Home Negligence Lawyer at Lanier Law Group
If you believe a loved one has been neglected or abused in a Burlington nursing home, assisted living community, or adult care home, contact Lanier Law Group at 919-342-1368 or contact us online to discuss what you are seeing and what has already happened. We can help you focus on immediate safety, document concerns clearly, request the most important records, and understand how reporting, investigations, and potential claims typically work under North Carolina law.
Your initial consultation is completely free. Don’t hesitate to reach out to us today to discuss your case with our legal team. Call 919-342-1368 to get started.
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