Pleasant Law Blog (Insurance Claims, Medical Misakes, and Nursing Home Claims)

Family Relationships and Nursing Home Abuse

The nature of the family relationship of a nursing home resident is critical to the success of a nursing home claim. Where there has been abuse of a loved one in a nursing home, one very common defense is to blame the family. Discord among family members can cripple a claim, giving the appearance that the family was not there to support the nursing home resident. This is especially true in situations where a wrongful death claim is brought on behalf of a deceased nursing home resident. In that case (at least under the North Carolina Wrongful Death statute, which is -- of course -- applicable to nursing homes in Fayetteville, NC), the heirs are bringing their claim against the nursing home for their loss of their loved one. Essentially, the loss of the nursing home resident and family member's society and companionship. When a family is portrayed as unloving, this hurts the claim. When family members have not visited the nursing home resident or have otherwise done things to appear not to have cared about the nursing home resident's well being, the claim is hurt dramatically. The nursing home's records will reflect family involvement with the nursing home resident (or lack of such involvement), including family involvement with nursing home staff. Extensive involvement by family members can make a huge difference in the success of a nursing home claim in North Carolina.