North Dakota Nursing Home Abuse Attorney

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In North Dakota, nursing home abuse is a serious problem that causes injury and death to thousands of elderly people every year. Injuries like bed sores can become serious health issues when they are not treated and can lead to infection in residents. Some residents are even so unfortunate as to die as a result of serious infections or illnesses like pneumonia.

Statistics show that nursing home abuse impacts a significant portion of North Dakota nursing homes every year. In 2008, over 40 percent of nursing homes were discovered to have an unsafe atmosphere for residents. This may have meant that objects were left in the hallways, residents were unsupervised by staff or that staff were improperly trained for transitions. In addition, over 29 percent of nursing homes were discovered to have issues with food sanitation for residents. If you think that your loved one has suffered as a result of these deficiencies, then speak with a North Dakota nursing home lawyer about his or her rights today.

Nursing Home Injury Laws in North Dakota

In North Dakota, family members have a limited period of time to file a negligence or wrongful death claim. For a negligence claim, family members have a period of six years to file a claim. For a medical malpractice claim, the period of time is only two years. The period of time may be no more than six years if one has a reason for non-discovery, such as a physician prevented family members from discovering his or her conduct. Noneconomic damages for negligence claims are limited to $500,000, and punitive damages are capped at the greater of two times the compensatory damages or $250,000.

For wrongful death claims, there is a statute of limitations period of two years with discovery. This means that family members can only file a claim within the two years from the date of a loved one’s death that arises from neglect or abuse. The damages for a wrongful death claim are the same as those for a negligence claim.

In North Dakota, the Vulnerable Adult Protection Services Act governs any acts of abuse, neglect or exploitation that impact an adult. It is interesting to note that an “adult” under this Act also includes a minor who may be emancipated by marriage. “Abuse” is defined as the willful act or omission of a caregiver that results in the physical injury, mental anguish, unreasonable confinement, sexual abuse or financial exploitation of a vulnerable adult. If one files a report of abuse in North Dakota, then he or she is also granted immunity under the statute. There are penalties and civil liabilities for failing to report abuse or making a false report. One who makes a false report is guilty of a class B misdemeanor, and one who creates a false report is guilty of a class A misdemeanor.

There is a program of protective services that exists for adults who have been subjected to abuse in a nursing home. The protective services vary depending on the county in North Dakota.

Filing a Report of Abuse for Your Loved One

When it is discovered that nursing home residents are the victims of neglect or abuse, witnesses must take immediate action. Whether one is a family member or a worker in the nursing home, there is still a legal duty to file a report of abuse. Reports of abuse and neglect may be filed with multiple agencies in North Dakota. The various agencies that oversee nursing homes in North Dakota include the North Dakota Department of Health, Adult Protective Services Division, Aging Services Division and Long Term Care Ombudsman. One can also contact the Long Term Care Ombudsman to receive nursing home information prior to enrolling an elderly adult in a care facility.

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Consult with North Dakota Nursing Home Lawyers Today

If you are concerned about the well being of a loved one, then get in touch with North Dakota nursing home lawyers today. North Dakota nursing home lawyers are available to assist you in filing a legal claim and calculating the damages that your loved one may qualify to receive. Nursing home lawyers can also initiate a thorough investigation into your claim to determine who is liable for the abuse or neglect that your loved one has suffered. Our attorneys are available to help North Dakota families in areas such as:

  • Bismarck
  • Dickinson
  • Fargo
  • Grand Forks
  • Jamestown
  • Mandan
  • Minot
  • West Fargo
  • Williston

Do not wait any longer to get your loved one the help that he or she needs, and feel free to contact our lawyers for nursing home information.

Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 6 years. (N.D. Cent. Code §28-01-16)
  • Medical malpractice – 2 years with Discovery Rule, but no more than 6 years for reason of non-discovery unless discovery was prevented by defendant’s conduct. Continuous treatment rule applies. (N.D. Cent. Code §28-01-18)

DAMAGES CAP

  • Noneconomic damages are limited to $500,000. A jury may award unlimited economic damages, but any economic damages award over $250,000 must be reviewed by the court upon a party’s motion. (N.D. Cent. Code §32-03.2)
  • Punitive damages – capped at two times compensatory damages or $250,000, whichever is greater. (N.D. Cent. Code §32-03.2-11)

Wrongful Death

STATUTE OF LIMITATIONS

DAMAGES CAP

  • Noneconomic damages are limited to $500,000. A jury may award unlimited economic damages, but any economic damages award over $250,000 must be reviewed by the court upon a party’s motion. (N.D. Cent. Code §32-03.2)
  • Punitive damages – capped at two times compensatory damages or $250,000, whichever is greater. (N.D. Cent. Code §32-03.2-11)

Nursing Home Care State Law

Client Reviews

  • Having worked in the medical field, I appreciated the way that Mr. Rosenfeld and his staff approached my family’s situation. The combination of medical knowledge and legal expertise was indeed the winning combination for our case.
    ★★★★★
  • While nothing can change the way our mother was treated at a nursing facility, I do feel a sense of vindication that the facility was forced to pay for their treatment. I am certain that they would never have done had my attorneys not held their feet to the fire.
    ★★★★★
  • I was very nervous about initiating a claim against my mother’s nursing facility, but Rosenfeld Injury Lawyers took care of everything from getting the medical records to going to court. I felt like I had real advocates on my side. That meant a lot to me.
    ★★★★★
  • After a horrific episode at a nursing home, my sister and I spoke to a number of law firms. No one took the time to answer our questions and explain the legal process like Mr. Rosenfeld. He did a tremendous job on our case and I can see why he’s earned the praise he has from clients and peers.
    ★★★★★
  • I liked the fact that I could call the office and ask questions about the legal process at anytime. I could tell that my case was in good hands. I think that this was reflected in my father’s settlement was more than I anticipated the case ever being worth.
    ★★★★★