There are countless types of legal disputes that can arise from a loved one’s placement in a nursing home facility. Although we trust these facilities to look after our elderly loved ones when we are unable to, sometimes they abuse this trust and engage in negligent or reckless conduct that places our loved ones at risk. The dangers that face nursing home residents include lack of adequate supervision, various types of intentional abuse including physical, emotional, and sexual abuse, and medical malpractice. If your loved one was injured in a nursing home facility or lost his or her life as a result of inadequate care, contact the Asheville nursing home abuse and neglect lawyers at Maurer Law today to learn more about your legal rights and options.
Recently, the North Carolina Court of Appeal was asked to consider an appeal involving a man who fell and died as a result of his injuries while admitted as a patient at a nursing home facility. The administrator of the decedent’s estate brought a claim against the facility alleging that the facility breached its common law fiduciary duty and engaged in professional negligence. The defendants denied the allegations, moved to dismiss the claim, and asserted contributory negligence as an affirmative defense. The plaintiff later moved to amend his complaint to add new information.
The trial court denied the motion to amend, noting that the plaintiff had failed to comply with Rule 9(j) in the original complaint and the proposed amended complaint. Rule 9(j) requires a court to dismiss a complaint alleging malpractice against a healthcare provider unless the complaint provides a statement that an expert witness has reviewed the records and claims and is willing to testify that the defendant healthcare provider’s conduct fell below the standard of care.