North Carolina Injury Lawyer Blog

The daughter of Carrie “Christine” Evans is suing a North Carolina nursing home for her mother's wrongful death. Serita Cheryl Evans is accusing Millicent Boutchway Shylon, the owner of Primrose Retirement Villa IV, of nursing home negligence leading to Carrie Evans's fatal fall accident earlier this year.

According to the North Carolina wrongful death complaint, the 85-year-old, who was diagnosed with bipolar disorder and hypertension, wandered away from the facility, fell into a ravine, and died from the head injury she sustained when she fell.

The civil lawsuit contends that the Angier nursing home workers knew that the 85-year-old was at risk for wandering yet did not do anything to prevent her elopement. Not only did Evans's nursing care plan note that she could become disoriented and forgetful, but it also indicated that she was physically fit enough to walk at a fast pace for long distances without help. Evans also had a history of leaving the facility without help on several occasions. Despite having this information, the North Carolina nursing home did not make sure that she was constantly supervised.

The complaint claims that on February 1, the night the elderly resident wandered off, no one was available to give her the medication she needed for her nerves and sleep deprivation issues. Also, the security system used to prevent patients from wandering was not working. The system had not been inspected since 2005.

After Evans died, the Harnett County Department of Social Services fined the Angier nursing home for a number of safety violations, including failure to properly supervise residents so that they are protected from serious injury and not correcting certain care quality issues that the state of North Carolina had been asking the nursing home to fix for some time now. Inadequate training has also been an issue, say inspectors.

The state has inspected Primrose Retirement Villa IV 28 times in the past two years. Usually, it is standard for the state to investigate a North Carolina nursing home no more than four times a year.

Serita Cheryl Evans is seeking at least $10,000 from the Harnett County assisted living facility.

Daughter Of Resident Who Fell To Her Death Sues, DunnDailyRecord, June 15, 2009

Related Web Resources:
Nursing Home Compare, Medicare.gov

Harnett County Department of Social Services, Harnett County

Why Do Wandering Management Systems in Nursing Homes Fail?, EzineArticles.com,

North Carolina officials are reporting an increase in complaints of possible elder abuse and neglect incidents, with an approximately 20% increase in the the number of requests made between ’06 –’07 and ’07-’08 to state adult-protection officers asking that they further investigate the allegations. One reason for this, according to state ombudsmen for long-term care Sharon Wilder, is that the number of people older than 60 living in North Carolina is on the rise.

By 2030, there are expected to be almost 2.9 million seniors over age 60 living in the state. Wilder also says the number of North Carolina elder abuse complaints are increasing because the children of elderly people living in North Carolina nursing homes are less likely to put up with allowing their loved ones to become the victims of caregiver abuse or nursing home neglect. State officials say that 15% of elder abuse incidents happen in long-term care facilities, with the other incidents taking place in private residences.

One challenge to investigating elder abuse and neglect allegations is that in certain cases, the victim may be too sick or frail to report what is happening to him or her. The News & Observer recently published an article about one case involving Della Jarrett, an 88-year-old woman staying at a Raleigh nursing home. She had unexplained bruises on her face, and no one from Sunnybrook Healthcare and Rehabilitation could explain to Jarrett’s daughter, Doris Weaver, why her mother’s eye and face were bruised and swollen. Jarrett has advanced dementia and cannot walk or roll over.

Weaver reported the incident to Raleigh police. Meantime, Sunnybrook officials suspended an employee but deny that Jarrett was the victim of nursing home abuse. North Carolina law defines caretaker abuse to include the intentional act of inflicting physical injury or pain and purposely depriving someone of services.

Yet even when a nursing home worker isn’t intentionally trying to hurt a resident or withhold the proper care, injuries and accidents can happen. Nursing inexperience can lead to fall accidents, failure to properly clean a resident’s wounds, failure to follow specific feeding procedures, and poor resident supervision.

Abuse hard to verify if injured can't speak, The News & Observer, June 3, 2009

National Center on Elder Abuse

Related Web Resources:
Nursing Homes, Medicare.gov

North Carolina Division of Aging and Adult Services

Continue reading "The Number of North Carolina Elder Abuse and Neglect Complaints is Rising, Say State Officials " »

In Carthage, North Carolina, seven nursing home residents are dead following a mass shooting at the Pinelake Health and Rehab Center. According to police, an armed man entered the long-term care facility and began shooting at people.

The suspect, Robert Stewart, is the estranged husband of a nursing assistant who works at the North Carolina nursing home, and police believe he may have been targeting her. The alleged gunman was reportedly armed with several weapons when he entered the long-term care facility and began firing at people.

The victims that died were Jessie Musser, 88, Lillian Dunn, 89, Tessie Garner, 88, Louise Decker, 98, Margaret Johnson, 89, John Goldston, 78, Bessie Hendrick, 78, and registered nurse Jerry Avant, 38. The three people who were injured, including a nursing home visitor and a police officer, are expected to survive.

The shooting rampage stopped after Officer Joseph Garner entered the Carthage nursing home alone and shot Stewart in the upper torso area. Stewart, who is in police custody, has yet to issue a statement. He faces multiple counts of first-degree murder and a felony charge of assaulting a police officer.

The Carthage, North Carolina nursing home care facility had received a five-star rating from Medicaid officials.

Nursing Home Security
In addition to providing nursing home residents with the proper care, North Carolina long-term care facilities must ensure that the proper supervisory and security measures are in place so that none of its patients, nursing workers, or visitors are harmed. This means making sure that dangerous or unauthorized individuals cannot indiscriminately enter the home, as well implementing systems and procedures so that nursing home residents who need specialized supervision cannot leave the premises without permission or a companion.

Inadequate security and failure to provide the proper supervisory and safety measures at a North Carolina nursing home can be grounds for a nursing home neglect lawsuit or wrongful death case if someone gets hurt or dies.

Alleged gunman's wife worked at nursing home, police say, CNN.com, March 30, 2009

Marital discord suspected as motive in North Carolina nursing home rampage, Kansas City.com, March 30, 2009

Related Web Resources:
Centers for Medicare and Medicaid Services

Inadequate Security News, Justia

Continue reading "North Carolina Nursing Home Rampage Leaves Seven Patients and One Nurse Dead and A Visitor and Police Officer with Injuries" »

According to the Centers for Medicare and Medicaid Services (CMS), out of the 419 North Carolina nursing homes that are Medicare and/or Medicaid certified, 119 of them received 1-star ratings for the quality of care they provide residents. 68 North Carolina nursing homes were awarded 2-stars. Members of the public can visit the Medicare Web site for more information about each nursing home to help them more easily evaluate the kind of care residents are likely to receive at a nursing home.

Under the federal consumer rating system, patient bedsores, failure to relieve patient pain, significant staff turnover, urinary tract infections, lost mobility, long-term catheter use, and excessive use of restraints were some of the factors taken into consideration when determining how many stars each nursing home should receive. This new system, which rates some 16,000 US nursing homes, will hopefully prevent residents from getting into a home where they may become the victims of nursing home abuse or neglect, as well as discourage such negligent conduct from occuring.

In order to receive a five-star rating, a member of the nursing home’s staff had to provide residents with at least four hours of patient care each day. 57 North Carolina nursing homes received 5-star ratings. Out of 175 South Carolina nursing homes, 46 received 1-star ratings and 24 received 5-star ratings.

Critics of this new system say CMS should try to work with nursing homes to fix any problems before giving them low ratings. Jeff Horton, the head of the North Carolina Division of Health Services Regulation, says that while the ratings system can provide useful information, it is also important that potential residents and family members visit a North Carolina nursing home before making a decision.

What to Look for When Visiting a North Carolina or South Carolina Nursing Home:

• Note whether the location is convenient enough so that you or another family member can pay regular visits.
• Look at the staffing schedule and inquire about the caregiver – resident ratio.
• Check the nursing home for cleanliness. Note whether you can smell urine or feces and if the bathroom is clean.
• Ask about the availability of hot water.
• See whether residents and nursing home workers appear to engage with each other and notice how much attention the patients receive when it comes to grooming, medical attention, feeding time, and other activities that may require supervision.
• Inspect the kitchen for cleanliness.
• Find out about quality of food and how much attention is paid to each resident’s particular diet.
• Check out inspection reports to note whether the nursing home has a previous history of nursing home abuse or neglect.

Nursing homes in state rated low, News and Observer, December 18, 2008

Choosing a Nursing Home, AARP, January 2007

Related Web Resources:
Nursing Home Compare, Medicare

Nursing Homes, North Carolina Division of Aging and Adult Services

Continue reading "119 North Carolina Nursing Homes Receive 1-Star Rating, Says Centers for Medicare and Medicaid Services " »

A North Carolina mental hospital in Butner is considered unsafe for patients. North Carolina inspectors who had evaluated the conditions and quality of care at Central Regional Hospital say their findings show an “immediate jeopardy” identification. This means that the hospital’s patients could be in imminent danger if the problems that were identified are not remedied. Already, the new $138 million facility has been cited with multiple violations and is in danger of losing its federal funding.

Inspectors cited the hospital staff for its failure to prevent patient abuse and neglect and failure to provide the proper care in a safe environment. A 131-page report even noted that there is video footage showing workers falsifying records to indicate that they had closely monitored a patient with schizophrenia when this, in fact, was not the case.

The inspectors also criticized the mental hospital for improperly restraining an 8-year-old for two hours. Another problem noted at Central Regional Hospital was that a stairwell door at the home could not be unlocked from the inside, which could potentially trap hospital staffers and patients in the facility during an emergency.

Federal regulators say the hospital has until December 14 to correct all violations. The state of North Carolina had hoped to transfer patients at a Raleigh hospital it was planning to shut down to the Butner facility. Now, these plans will likely have to be modified.

In a little over 12 months, four of North Carolina’s state-run mental hospitals have either lost or have been on the verge of losing their accreditation because of patient abuse and neglect incidents, as well as patient deaths. This summer, a fifth North Carolina mental facility was shut down after workers strapped down a female patient and beat her.

There is no excuse for patient abuse or neglect, whether at a hospital, a nursing home, in the sick person’s home, or anywhere else. If you believe that your loved one is the victim of patient abuse or neglect, it is important that you take steps to remove them from the unsafe environment immediately. Failure to provide the proper patient care at a hospital could be grounds for a North Carolina medical malpractice or wrongful death lawsuit.

Mental hospital deemed unsafe, News & Observer, December 3, 2008

Central Regional another signal of troubled system, WRAL.com, December 3, 2008

Related Web Resources:
CMS Report 1 (PDF)

CMS Report 2 (PDF)

Continue reading "North Carolina Inspectors Say Patient Abuse and Neglect Make Butner Mental Hospital Unsafe " »

In North Carolina, officials have fired three workers at the Cherry Hospital in Goldsboro over the death of a 50-year-old mental patient. Roanoke Rapids resident Steven H. Sabock’s death made the headlines earlier this year because of surveillance footage showing hospital workers neglecting him for almost 24 hours while he sat slumped in a chair.

According to a report filed by the hospital’s nursing director, workers checked his vitals during this time period. However, the video does not show this happening. Instead, hospital workers are seen watching TV and playing cards. Sabock, who was suffering from a bipolar disorder, was also seen falling and striking his head. He also choked on his medication.

The surveillance footage also shows Sabock being taken away by paramedics. He died soon after. According to the North Carolina medical examiner’s office, Sabock’s cause of death was a pre-existing heart condition. Autopsy reports,however, indicate that there was fluid in his brain, which could be a sign of a brain injury. A federal report also states that the 50-year-old patient appeared to not have eaten much food in the three days leading up to his death.

Following Sabock’s death, a number of Cherry Hospital workers were disciplined over the incident, and the North Carolina Department of Health and Human Services closed the ward.

Medicaid and Medicare withdrew $800,000 a month in reimbursements from the North Carolina hospital. In August, the North Carolina State Bureau of Investigation began a criminal probe into Sabock’s death.

This is not the only reported incident of abuse or neglect this year at Cherry Hospital. In August, two of its hospital workers were arrested for allegedly beating a patient. Earlier in the year, three other employees were also arrested and charged with assault crimes.

Unfortunately, patient abuse or neglect by hospital staffers and nursing home workers happens way too often in the United States. It is the hospital patients and nursing home residents who suffer when abuse or neglect leads to personal injury, deteriorating health, or wrongful death.

Three Employees Fired After Patient Chokes on Medicine, Dies, Foxnews.com, November 20, 2008

Patient appears neglected in hours before his death, WRAL.com, November 18, 2008

Related Web Resources:

Cherry Hospital

North Carolina Department of Health and Human Services

Continue reading "3 North Carolina Hospital Workers Fired for Neglect of Mental Patient Who Was Left in Chair Without Being Fed For Nearly 24 Hours" »

The North Carolina Department of Health and Human Services is forcing Charlotte Manor, an adult care center, to shut down today, following reports of violence, drug abuse, and neglect. State health officials have suspended the home’s operating license, and today residents must evacuate the premise by 5pm. North Carolina health officials have said the move is to protect the home’s residents, who are in “imminent danger.”

State health officials conducted its yearly inspection of the home last month, and Charlotte Manor was cited for violations regarding:

• Personal care
• Health care
• Supervision
• Residents' rights
• Housekeeping
• Furnishings
• CPR Training
• Resident discharge

Charlotte Manor not only houses frail and older residents, but people under 50 can also reside there. Some of its residents have criminal records or have abused drugs. According to one resident, some residents were discovered smoking crack at the home. Another resident reports that violent acts have taken place at the home, including two men getting into a physical altercation and another incident, in which the tires on a motor vehicle were deflated.

Details of this year’s inspection have yet to be released, but previous inspection reports of the home over the last two years indicate recurring problems with properly feeding and providing medication to residents with health issues. Maintenance issues are not always dealt with in a timely manner. Also, over a dozen people have to share a couple of common bathroom facilities, rather than having one bathroom for two to four residents.

Nursing homes and other care facilities are supposed to provide residents with the proper care, while making sure that they are safe from abuse, neglect, or harm by workers and other residents. When failure to fulfill these duties of care leads to injuries or death, a care facility can be held liable through a nursing home abuse and/or neglect claim or a premises liability lawsuit.

Violence and drug abuse reported at care center, Charlotte Observer, October 3, 2008

State Office Shuts Down Home for Adult Care: Officials Cite ?Imminent Danger' at Charlotte Manor, and Residents Must Leave By Late Friday., IStockAnalyst, October 2, 2008

Related Web Resources:

Notice of Suspension (PDF)

North Carolina Department of Health and Human Services

Mecklenburg County Department of Social Services

Continue reading "Charlotte Adult Care Center Will Close Today Following Reports of Drug Use and Violence " »

Cherry Hospital in Goldsboro, North Carolina continues to make headlines, following the arrest of two of its workers on Friday for allegedly beating a patient.

Health care technicians William Kenneth Johnson and Taniko Dominique Upton face charges of assault and battery of a handicapped person. Uton allegedly struck a male patient in the stomach, head, and side, as well as knocked him to the ground. Johnson is accused of holding down the patient during Upton’s assault before joining in the beating, which took place at the mental hospital.

Three other Cherry Hospital workers have recently been arrested. In March, Vincent Morton was charged with felony assault and battery of a handicapped person after he allegedly put his hands around a patient’s neck before hitting him on the head.

Richard John Percival II was arrested on a misdemeanor charge after hitting a patient’s head and body. The charge was dropped when the patient refused to testify against Percival.

Tonivia Bryant was charged with felony assault of a handicapped person after she allegedly hit a patient, who was strapped down, 11 times. The charges against her were also dropped.

Cherry Hospital has come under close scrutiny following video footage showing workers at the mental hospital ignoring a patient seated on a chair for over 22 hours. The patient, 50-year-old Steven Sabock, died soon after.

If you or your loved one was the victim of abuse at a nursing home, a mental hospital, or another care or medical facility in North Carolina, you may be entitled to receive compensation from the facility and/or the abusers. Hospitals and residential care facilities are supposed to make sure that their employees are properly trained to care for their patients or residents and that staff members will not likely harm or neglect the people placed in their care. An experienced North Carolina personal injury law firm can investigate your case for you and determine whether you have grounds to file a nursing home abuse, medical malpractice, or another kind of injury case.

Two workers accused of beating mental patient, Charlotte.com, August 23, 2008

Cherry Hospital workers accused of beating patient, WRAL.com, August 23, 2008

Related Web Resources:

Cherry Hospital

Patient Bill of RIghts, DukeHealth.org

Continue reading "Cherry Hospital Employees Arrested for Allegedly Beating a Patient in Goldsboro, North Carolina" »

North Carolina Officials say that the RHA Howell Center-Clear Creek failed to properly supervise 10-year-old Brandon Parrish Johnson, an autistic boy that they had been warned would run off if he was not closely watched by staffers.

On January 27, Brandon did just that and drowned. According to the state report, Brandon, a resident at the facility, was being moved 100 feet from the main building to the chapel, which has an exit door that leads to the parking lot.

Upon entering the chapel with a staffer, Brandon was instructed to remove his coat. The staffer that took Brandon to the chapel handed supervision of the boy over to another staffer.

A supervisor then told the staffers in the chapel to take their charges to the classrooms. About 20 minutes after giving this direction, the supervisor realized that Brandon was not in the classroom. The staffer also did not know where Brandon had gone.

Staffers searched the premise and surveillance tapes. One video tape recorded Brandon leaving the chapel exit and running through the parking lot to chase a small animal. He was found unconscious in a small pond. Care facility members were unable to revive the boy.

The state’s report says that RHA Howell Center-Clear Creek did not have procedures to allow staffers to properly supervise all residents as they were being moved around to the center’s different areas. The report called this failure “institutional negligence.” The report also noted that staffers had been aware that Brandon was considered a runner and required ongoing, close supervision—especially when he is being transported from one area to another.

Since the accident, the care center now reportedly keeps runners away from exit doors. North Carolina fined RHA Howell Center-Clear Creek $12,000 because it had placed the safety of residents in “immediate and serious jeopardy.” The center is in Cabarrus County and is located on the Cabarrus-Mecklenburg line.

Nursing homes and residential care facilities are supposed to provide patients with the proper and necessary care and supervision that their conditions require. When abuse or neglect occurs, and a patient is injured or dies, a care facility can be held legally liable.

Children staying at care facilities—especially those with special needs—can be especially susceptible to injuries or death if left unattended by staff members.

Our North Carolina and South Carolina personal injury law firm has successfully handled many residential care abuse and neglect cases for victims of all ages. We also represent families in cases where the neglect and abuse incidents involved injuries or the wrongful death of a minor.

Center knew boy was 'runner', Charlotte.com, February 13, 2008

Related Web Resources:

State begins probe at disability facility, Charlotte.com, January 29, 2008

What is Autism, Autism Research Institute

Continue reading "North Carolina Says Care Facility’s Failure To Properly Supervise 10-Year-Old Autistic Boy Led To Drowning Death" »

Three workers at John Umstead Hospital in North Carolina are accused of beating a 51-year-old patient who staying at the state mental hospital while she was strapped to her bed. She was reportedly hit in the head because she attacked a clerk.

A health care technician at the hospital reports hearing noises from a room that sounded like someone was being struck. After her assault, a technician walked out of the “quiet room” where the beating took place and turned off the video monitor that showed the patient in the room.

One technician who took part in the assault on the patient complained that her knuckles were red and swollen from having to subdue the woman during the attack on the clerk.

Another 39-year-old patient reportedly punched, choked, and chased staff members and patients repeatedly before staff members decided to start monitoring her full-time. When the monitors weren’t around, the patient continued to attack other patients. Staff members were not wearing the body alarms that the hospital requires that they use.

Investigators are citing lack of proper leadership and qualified staff as two reasons that the abuse incidents were able to take place. They are recommending that the hospital lose its federal funding because it failed to prevent the violence. Federal funding makes up 25% of the hospital’s yearly budget.

Other incidents of abuse or neglect at the hospital include:

• Staff neglecting to observe a patient’s blood-sugar levels and administer insulin.
• A restrained patient who should have been observed at all times was able to free one of her arms and wrap her gown around her neck.

Unfortunately, there are already too many incidents of abuse and neglect that occur at nursing homes and other care facilities. Common types of abuse at a care facility include:

• Physical assault
• Sexual assault
• Rape
• Depriving the patient of food or water
• Excessive use physical restraints
• Excessive use of medication or chemical restraint or electric shock beyond what is prescribed by a doctor
• Slapping, shaking, or pushing the patient
• Imprisoning a patient
• Emotional abuse
• Mental abuse
• Verbal abuse

Hospital workers beat N.C. patient, Charlotte.com, December 13, 2007

Signs of Nursing Home Abuse: Nursing Home Abuse and Neglect

Related Web Resource:

John Umstead Hospital - Butner,NC, Hospital-Data.com

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Continue reading "North Carolina Workers at Butner Mental Hospital Accused of Beating Patient" »

Ron Burrell, the North Carolina care operator who has been ordered to pay some $5 million to two families whose loved ones died because of negligence at two of his facilities, still owns and operates the Alzheimer’s Related Care facility in Jacksonville, North Carolina.

The Alzheimer’s Related Care facility specializes in taking care of patients with dementia. The state of North Carolina, however, temporarily suspended admissions to the facility because of violations. The suspension followed a complaint by one of the residents that she had been raped and did not receive a medical exam until 68 days after the attack. Police were not notified that a sexual assault had occurred.

Burrell used to run some two dozen disabled and elder care facilities. A number of these homes been cited for numerous violations while under his supervision..

In 2003, a Meadows of Aberdeene resident died after going out drinking with another care facility patient. The patient stabbed him to death. A Rowan County home patient died in 2001 after not receiving the proper medication dosage.

Burrell, his partner Michael Elliott, and eight affiliated companies lost a $4 million wrongful death judgment in August. The lawsuit claimed that 85-year-old Eula Abernathy died because she was burned by hot bath water. The facility had been warned before the incident that the water heaters were set at temperatures that made the water too hot.

On November 7, a wrongful death verdict was issued that ordered Burrell to pay the family of 53-year-old Troy Stephens $836,075. Stevens, who was mentally challenged, wandered away from the Meadows of Garner home where he lived and drowned in a pond. Stevens’ family had warned the assisted-living staff that he had a tendency to wander.

Nursing Home Abuse and Negligence
If someone you love has been injured due to abuse or negligence at a nursing home residence or an elder care facility in South Carolina or North Carolina, you should speak to an experienced nursing home abuse lawyer immediately.

Your nursing home neglect attorney can help you explore the legal options available to your loved one, who may be eligible for nursing home abuse or neglect compensation.

Some Possible Signs of residential care abuse include:

• Unexplained bruises
• Sudden weight gain
• Sudden weight loss
• Dehydration
• Bedsores
• Cuts or welts
• Emotional withdrawal

Care home owner still in business despite findings, Charlotte.com, December 2, 2007

Related Web Resources:

Nursing Home Abuse and Neglect, Nursing Home Alert

Deadly Neglect, Reader's Digest, December 2006

Continue reading "North Carolina Care Operator Still Runs Jacksonville Facility Despite Wrongful Death Verdicts" »