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Articles Posted in Nursing Home Negligence

Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?”

North Carolina Gov. Roy Cooper signed a law that protects doctors and hospitals from civil liability during the COVID-19 pandemic. The provision to give healthcare facilities, including nursing homes, immunity from lawsuits was part of a $1.6 billion relief package to combat the consequences of the coronavirus pandemic.

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What will happen after I file my nursing home complaint?”

The coronavirus (COVID-19) pandemic, which has killed over 2,600 people in the U.S., is disproportionately affecting the elderly and nursing home residents. For many nursing home residents, especially those with underlying conditions, the COVID-19 virus can be lethal.

Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?”

Several Charlotte-area nursing homes have been flagged for past abuse and neglect. If you are thinking about getting your loved one into a nursing home in Charlotte, check out which facilities have been flagged for violations in the past.

Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?”

It can be difficult to make the decision for a loved one to reside in a nursing home. When you finally make that difficult decision, you are putting your trust and hope that the chosen facility will treat your loved one with care, caution, and respect. Unfortunately, not every nursing home facility takes the time and resources necessary to care for your loved one. As a result, negligent or wrongful acts can lead to the injury or death of your loved one. With the tragedy of losing a loved one, a glimmer of hope is the option of filing a wrongful death suit to hold those at fault for the death of your loved one responsible. In North Carolina, a wrongful death suit can be brought “when the death of a person is caused by a wrongful act, neglect or default of another.”

Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?”

Having a loved one who has a disability can be hard to deal with. You want to make sure that they are properly cared for and that no one ever tries to take advantage of them. According to a study by National Public Radio (NPR), those individuals with intellectual disabilities are seven times more likely to be sexually assaulted than an individual without a disability. No one wishes for their family member to be sexually assaulted, especially not a disabled family member. For one Washington state family, however, this fear has become a reality.

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What information will be helpful for my nursing home negligence claim?”

The United States Supreme Court has ruled on a case that could affect nursing home claims all across the country. In Kindred Nursing Centers, L.P. v. Clark, the court reversed a lower court decision that rejected an arbitration agreement between the nursing home and the residents of the nursing home.

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What information will be helpful for my nursing home negligence claim?”

It’s been bad news recently for those residing in nursing homes or with loved ones in nursing facilities. After a seeming victory last fall, when the Centers for Medicare and Medicaid Services (CMS) announced that a new rule would go into effect banning the use of arbitration agreements, there was an important setback earlier this summer. Residents and those working to change the broken system were disappointed to learn that CMS would not continue to push for implementation of the new rule banning arbitration agreements, but would instead craft a new measure, one that helps nursing facilities deny residents and their loved ones access to the court system.

Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?

The Supreme Court issued an important decision today impacting millions of families across the country. The Court decided to weigh into an issue that has generated increasing controversy over the past several years: arbitration agreements. After hearing the facts of the case, the Court chose to side with big business interests, in this case, the nursing home industry, over the individual families who seldom understand that these agreements exist to strip them of their rights.

Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?”

Anyone with an elderly loved one has likely run across a mandatory arbitration clause, whether they realize it or not. The reason is that the retirement/nursing home industry has embraced the use of these forced arbitration clauses more than almost any other group. The aim is to avoid potentially costly lawsuits and force patients and their families to take any disputes before an arbitration panel, something more likely to result in lower verdicts.

Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?”

A recent study indicates that problems with care at nursing homes across the country may be linked to the poor quality of life of those working in the nursing facilities. The study revealed that nursing assistants are frequently underpaid, overworked, have bad benefits, lack opportunities for advancement and suffer high rates of workplace injury. These problems combine to make it difficult for nursing homes to recruit and, even more importantly, retain quality staff. The high turnover rates are problems not only for staff and the facilities that employ them, but for those patients who depend on their care.

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