The Law Offices of Richard Flexner works to protect the rights of nursing home abuse victims and their families, and to represent them in the justice system, and to insurance companies and others involved in the compensation process. Rich Flexner is a North Carolina trial attorney with more than 25 years of experience in serious injury and wrongful death cases. To us, every client matters, and we work hard for the people we represent. 

Nursing home abuse has been called the hidden crime because it can be difficult to recognize, may be concealed by nursing home staff, or the victim may be too frightened or incapacitated to report the mistreatment. An estimated 84 percent of abuse cases go unreported or unrecognized. The goal of the justice system is to protect the rights of personal injury victims and the families of those who have died and return them to some semblance of the life they led prior to the accident. At The Flexner Law Firm, P.A., our goal is to get you the maximum possible settlement or award for your injuries. 

Even with strict regulations, nursing home residents suffer abuse and neglect at the hands of those charged with helping them. Abuse may take the form of assault or battery, sexual abuse, rape, unnecessary physical restraint, insufficient food or water or the improper use of medication. Residents who are neglected may suffer lack of hygiene, lack of medical attention, bedsores, malnutrition, dehydration, emotional isolation, and "slip and fall" accidents. 

While many nursing homes provide quality care and support for their residents, a recent General Accounting Office (GAO) study reported that 25 percent of the nations' over 17,000 nursing facilities "…had deficiencies that caused actual harm to residents or placed residents at risk of death or serious jeopardy." Under the Nursing Home Reform Act of 1987, a nursing home is required to "provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident" in accordance with a specific plan of care. To obtain Medicare and Medicaid funds, nursing homes must also comply with the U.S. Code of Federal Regulations policies for long-term care that specify that Nursing Homes must: 

• Have sufficient nursing staff to provide nursing and related services,
• Develop a comprehensive care plan for each resident,
• Prevent the deterioration of a resident's ability to bathe, dress, groom, transfer and ambulate,
• Ensure that residents receive proper treatment to maintain vision and hearing abilities,
• Ensure that residents do not develop bedsores,
• Provide appropriate treatment and services to incontinent residents,
• Ensure that the resident receives adequate supervision and assistive devices to prevent accidents,
• Ensure that residents are free of any significant medication errors,
• Promote care for residents in a manner and environment that maintains or enhances each resident's dignity,
• Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency, and
• Provide pharmaceutical services.

 There are several ways that you can file suit against an abusive or neglectful nursing home, including fraud, neglect, financial irregularities, failure to provide adequate care, wrongful death, breach of contract, pain and suffering, or failure to comply with nursing home statutes. One of the most effective ways to improve the lives of nursing facility residents is to take legal action when problems are discovered, in order to discourage the continued violation of basic human rights, as well as federal and state laws. 

If a loved one has been abused, injured or died in a nursing home or assisted care facility, please call 1-800-FLEXNER or 910-794-3221, for your free legal consultation. We are dedicated to protecting the rights of our injured clients in cases involving serious personal injuries and wrongful death throughout North Carolina. You may also contact us through our  online form.

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