Nursing Home Negligence and Wrongful Death in North Carolina
Attorney Haley Matson
Nursing home neglect, negligence, abuse, or harm are all topics that come up frequently in our line of legal practice. Attorney Haley Matson talks about nursing home negligence, wrongful death, and nursing home litigation in North Carolina.
What is Nursing Home Negligence?
Nursing home negligence is when a nursing home or skilled nursing facility fails to provide sufficient care to a resident or patient, which results in injury or even death. Common negligence claims include falls, medication errors, physical therapy failures, and failure to care for a resident’s personal hygiene.
You may have cause for a nursing home negligence claim if you or a loved one has suffered from an injury sustained while at a facility, which was caused by the facility’s lack of care or failure to adhere to the established standards of care.
What Can I Recover From a Nursing Home Negligence Claim?
Nursing home negligence claims are governed by the same statutes that govern medical malpractice claims, and can be found in the North Carolina General Statutes 90-21-11. From a traditional claim of negligence, you could be able to recover up to $656,730, as of January 1, 2023, in “non-economic damages.”
Non-economic damages are for things like pain and suffering, loss of consortium, inconvenience, and any other non-pecuniary compensatory damage. This does not include any “punitive damages.”
Punitive damages are to deter a facility from acting negligently in the future.
In North Carolina, case law states that if a plaintiff is able to show “gross negligence,” such that the negligence is so severe that it speaks for itself, and there was willful and wanton negligent conduct with a complete disregard for the life, safety, and rights of others, then the plaintiff’s non-economic damages will not be capped. This allows for the potential for recovering over the $656,730 limit currently in place.
In almost all nursing home negligence cases, a jury will determine the amount of the damages you may receive.
How Long Do I Have to Sue a Nursing Home?
You, if you were the injured party, or an authorized representative like an agent under power of attorney, have three (3) years from the date of injury, or from the date that the injury should have been discovered.
If a loved one has tragically passed away due to nursing home neglect, then you have two (2) years from the date of death to bring that claim against the facility. This is commonly called a “wrongful death.”
What is Wrongful Death in North Carolina?
Wrongful death is governed by the North Carolina General Statutes 28A-18-2, and covers deaths that were caused by a “wrongful act, neglect or default.” If a loved one suffers from an irreversible injury at a nursing home that becomes the eventual cause of death, you may have a wrongful death claim instead of a nursing home negligence claim.
A wrongful death claim must be brought by the personal representative, executor, or administrator of the dead person’s estate. Next of kin, a surviving spouse, interested family members, or beneficiaries under a will or a trust are not allowed to bring a wrongful death claim.
The recovery from a wrongful death claim is paid out to the intestate heirs of the deceased. This means that natural born or legally adopted children and any surviving spouse will be the primary beneficiaries. If there are no children or surviving spouse, then the recovery will continue to the parents, then to the deceased’s siblings, and so forth. The proceeds will not be distributed to beneficiaries listed in a will or in a trust.
How Do I Know if I Have a Good Case?
Good cases can be difficult to determine, but we would first request medical records for the patient during the injury, and review them for inaccuracies, potential failures of care, and notable injuries and recovery methods, among other things.
Then, we would engage an expert in the medical field to review the medical records to assist us in certifying the facts as negligent.
If there is a clear indication that the nursing home or facility acted negligently, and that negligence caused the injury, and that injury was permanent, severe, or led to extreme disfigurement or death, then you may have a good case.
McIntyre Elder Law Can Assist
Medical malpractice claims, including nursing home negligence and wrongful death, are difficult cases to win. Hospitals and facilities typically have a lot of time, money, and manpower to fight plaintiffs seeking resolution. To have a better chance of success, we strongly recommend hiring an experienced attorney in elder law, estate litigation, or nursing home litigation to assist you.
If you or a loved one are looking to discuss a potential nursing home negligence or wrongful death claim, come see us at McIntyre Elder Law.
📍 Offices in Shelby, Charlotte, and Hendersonville
📞 Call us at 1-888-999-6600
🌍 Visit our website: www.mcelderlaw.com
Don’t wait until it’s too late—take control of your future today!
Attorney Haley Matson
Estate Planning & Elder Law Attorney
McIntyre Elder Law
Charlotte, NC
