North Carolina

• 3 years from act or discovery, whichever comes first. (N.C. Gen. Stat §1-52 – Three years)
• Medical malpractice – 3 years with Discovery Rule (1 year from reasonable discovery), but no more than 4 years from the date of the act giving rise to the action. (N.C. Gen. Stat. §1-15; N.C. Gen. Stat. §1-52(16))

• Punitive damages – three times compensatory damages or $250,000, whichever is greater. (N.C. Gen. Stat. §1D-25)

• 2 years. (N.C. Gen. Stat. §1-53 – Two years)

• Punitive damages – three times compensatory damages or $250,000, whichever is greater. (N.C. Gen. Stat. §1D-25)

• North Carolina Department of Health and Human Services
• Adult Protective Services
• Office of Long-Term Services and Supports
• Aging and Adult Services
• At-Risk Case Management Services
• Long Term Care Ombudsman

• Protection of Abused, Neglected, or Exploited Disabled Adult Act – (N.C. Gen. Stat. §108A)

• Report Concludes Nursing Home Negligence Caused Resident's Death

The North Carolina Department of Health and Human Services has issued a report very critical of the nursing care provided to an Alzheimer's patient who recently died from injuries she sustained from a fall.  The report follows an extensive investigation of the nursing practices at Five Oaks Manor Nursing Home.  The resident at issue is 87-year-old Annie Bell Scarboro who died from head injuries related to a fall from a loading dock off the kitchen.

• CNA Sexually Assaults Two Residents In North Carolina Nursing Home

A 43-year-old, male CNA at Magnolia Living Center is under investigation relating to the sexual assault of two female residents.  The first incident allegedly occurred on May 2nd and involves an elderly female resident at the facility.  The incident was brought to authorities attention two days later.  The second incident involving a 51-year-old resident was reported to police on May 12th. 

The incidents are currently under investigation as aggravated assaults with sexual motives.  The suspected CNA has been removed from his position while the investigation continues.

• Videotape Confirms Resident Murdered By Peer At North Carolina Facility

Daniel East, a resident at David's House, an assisted living facility has been charged with the murder of Jeremiah Daniel Love-- his co-resident.  The surveillance video shows East striking his fellow resident in the head with a metal cane.  Love died shortly after the incident at Wake Forest University from closed head injuries.

East was arrested on unrelated charges-- for threatening to beat a David's House employee with a cane-- on the day that Love died.  East has a criminal history including: time served for assault with a deadly weapon with intent to kill, assault on a female and driving while impaired without a license.

• Study Links Medication Use With Falls 

How many medications do you take?  If you can't count the number of medications on one hand, studies suggest you should sit down.  Researchers at the University of North Carolina have determined that seniors who take four or more prescription medications have two to three times the risk of falling as seniors who take fewer medications.  Some of those drugs, the researchers say, may actually contribute to the risk of falling. 

Some common antidepressants, seizure medications and painkillers have made the list, according to lead study author, Dr. Susan Blalock. These types of drugs all depress the nervous system, leading to slower response times and a lessening of coordination, especially among seniors, according to the report. Study results are published in the latest issue of the American Journal of Geriatric Pharmacotherapy. 

• Dangerous Nursing Home Ordered To Close Following Discovery Of Conditions Posing 'Immediate Jepardy' To Its Residents

I was recently forwarded an articled fromIndyweek.com, regarding the outrageously horridconditions at Forest View Rehabilitation Center in Durham, North Carolina.  The article highlights multiple incidents of downright disgusting patient care and dangerous living conditions that resulted in authorities ordering the facility to shut its doors.

Among the conditions documented by state nursing home inspectors in their investigations reveal the following: