Nursing Home Negligence

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Bismarck Nursing Home Negligence Lawyers

Protecting the rights of vulnerable adults throughout North Dakota

The problem of the mistreatment of our elders and other vulnerable adults is a shamefully tragic issue in the United States. The National Institutes on Aging (NIA) reports that about one in ten adults over age 60 are abused, neglected, or financially exploited.  These are people who need support and protection, but instead they are often abused and neglected.

At the Larson Law Firm P.C., our compassionate Bismarck nursing home abuse lawyers are here to pursue justice on behalf of those who have been injured at the hands of those who are supposed to be taking care of them. You can schedule a free consultation to discuss your case today.

North Dakota nursing home ratings

U.S. News & World Report conducts an annual report of nursing homes throughout the United States, which analyzes data from the Centers for Medicare and Medicaid (CMS) as a decision-support tool. According to the report, on any given day in the U.S. more than 15,000 nursing facilities care for nearly 1.4 million people, most of them elderly. About one in ten Americans over the age of 85 is a nursing home resident, and about one third of elder Americans will spend time in a nursing home in their final months of life. According to the report, of the 80 nursing homes in North Dakota, 30 of them received an overall top performing rating.

The following are just a few of the nursing homes from the survey in the Bismarck area:

  • Missouri Slope Luth Care Center in Bismarck, ND Overall rating: High performing Short-stay rating: Average
  • Elm Crest Manor in New Salem, ND Overall rating: High performing Short-stay rating: Average
  • Bethany on University in Fargo, ND Overall rating: High performing Short-stay rating: Average

ProPublica has created an app called Nursing Home Inspect, which helps consumers identify nursing homes that have problems in their state. Of the 80 nursing homes in ND, ProPublica found just four homes with serious deficiencies which have received $268K in fines. The app uses CMS data, and fines are listed for the past three years if a home has made partial or full payment. Facilities that have been flagged for having a history of serious quality issues have a red dot in the listing. Trinity Homes in Minot, ND, has a red dot. It has 47 total deficiencies with one serious deficiency and a $24,703 fine.

What is the difference between neglect and abuse?

When you consider how elders are often mistreated and exploited in the United States, there is a distinction between what is considered neglect and what is abuse although both are different forms of mistreatment. Neglect could be considered a failure to act–the failure to provide the care and nurturing vulnerable people require when they are unable to care for themselves. Abuse is an intentional act done to impose physical harm or the fear of physical harm.

Examples of nursing home abuse and neglect

The elderly can be physically frail, and health conditions can make it impossible for them to care for themselves. Some elderly people suffer from dementia or Alzheimer’s disease, which makes them behave in irrational or aggressive ways. All these factors make the elderly vulnerable to the people who are meant to take care of them, and unfortunately, they end up being neglected and abused in various ways including:

  • Physical abuse
  • Sexual abuse
  • Emotional abuse
  • Financial abuse and exploitation

Some of the different ways neglect appears is as:

  • Social neglect, isolation, and being ignored
  • Not attending to personal hygiene needs
  • Neglect to provide the basic requirements of food, water, and a clean environment where they feel safe and cared for
  • Neglect of basic medical needs

What are the warning signs of nursing home abuse and neglect?

The following are signs of neglect that you might see when you visit an elder at a nursing home or other care facility:

  • The person has trouble sleeping
  • The person seems depressed or confused
  • Unexplained weight loss
  • The person displays signs of trauma such as rocking back and forth
  • Behaves in an agitated or violent manner
  • Becomes withdrawn
  • The person no longer takes part in activities he or she once enjoyed
  • Unexplained bruises or scars
  • Looks messy, disheveled with unwashed hair or dirty clothes
  • Develops bedsores or other preventable conditions

What to do if you suspect elder abuse in North Dakota?

The North Dakota Department of Human Services receives complaints from the public who want to report the abuse or neglect of a vulnerable adult. They have an online reporting system, or a reporting form that you can complete. You can send the completed form to carechoice@nd.gov or FAX it to 701-328-8744. You can also make a report by telephone between 8am and 5pm Central time on week days. Call the central intake line at 1-855-462-5465, then press “2.”

Reports and calls are responded to within two working days. The ND DHS urges you to call law enforcement first if you believe that a vulnerable adult is in immediate danger and then report the situation to the Aging Services division.

What is the time limit for filing a negligence lawsuit against a nursing home?

North Dakota has a statute of limitations for personal injury cases of six years from the date of the injury to file a lawsuit, and two years from the date of death to file a wrongful death lawsuit.

If you see something, say something. Nursing homes and other elder care facilities are hidden away from the public eye. If you happen to be visiting a loved one and you see a situation that does not look right, you have an obligation to report it. If you have a loved one who has shown signs of potential nursing home neglect or abuse, report the abuse to the proper authorities. If you are considering legal action, contact a Bismarck nursing home neglect lawyer at the Larson Law Firm to discuss your options.

Schedule a free consultation with a Bismarck nursing home abuse attorney today

At the Larson Law Firm P.C., our team of nursing home negligence attorneys is here to fight for your right to recover compensation after a nursing home injury.  You are welcome to call us at 701-484-HURT or complete our contact form to discuss your legal options with an experienced lawyer at a free consultation at our Bismarck office.

Types of Cases We Handle

Our Bismarck attorneys handle a variety of cases, including:

Personal InjuryCar AccidentsTrucking Accidents
Motorcycle AccidentProduct LiabilityPremises Liability
Medical MalpracticeNursing Home NegligenceWorkplace Injury
Burn Injury

Bizmarck Office Location

Larson Law Firm P.C.
1022 E. Divide Ave.
Suite E
Bismarck, ND 58501

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