Nursing Home Negligence

If you have a mother, father, or family member that is in a nursing home or assisted living facility, you need and expect the nurses and staff to treat your loved one with care, compassion, and respect. Residents of these kinds of facilities are likely to have enduring health care issues and truly require nursing and other assistance to live safely.  As such, North Carolina law requires nursing home facilities and their staff provide and abide compassionate and respectful standards of care. Lawmakers in North Carolina felt so strongly about this that the legislature adopted the Adult Care Home Residents' Bill of Rights.

DeMent Askew & Johnson, LLP will handle any nursing home or assisted living negligence case. If you believe someone you care for has not received proper care or treatment by a nursing home or assisted living facility, you should call an attorney to ensure that your rights are protected. It is painful to see a loved one being mistreated in any way, especially at the hands of a facility in which you placed your complete trust and confidence. DeMent Askew & Johnson, LLP will assist you in dealing with this reality.

Common issues that arise in assisted and nursing environments that are likely to point to non-compliance with the standards adopted in the Adult Care Home Residents' Bill of Rights include bed sores and fall injuries.  Also known as ulcerated wounds, bed sores can occur in bedridden patients from time to time even with the best of patient care. Timely detected and properly treated bed sores generally denote the opposite of negligence.  However, when undetected and left untreated consequences can be devastating, bed sores can grow rapidly, cause systemic infection or sepsis, and even lead to death.  If the staff at your loved one's facility is adhering to the standards prescribed by the Bill of Rights, bed sores might occur but should not be a serious issue.

Falls are also frequently seen in nursing home environments.  Often an elderly person's need for round the clock care is triggered by a propensity to fall. Falls that happen when an elderly person is healing from another injury or illness can further weaken a patient and devastate the chances for successful recovery. Because of this, a fall in a nursing home has deeper ramifications and more stringent legal issues than a fall occurring in a store or at a neighbor's home.

Jim Johnson

James T. Johnson

Civil Litigator

(919) 833-5555

It is commonly difficult to determine whether a nursing home or assisted living facility has committed negligence without carefully scrutinizing the records. DeMent Askew & Johnson, LLP will carefully review all of the records and will also have the records reviewed by one of the many expert physicians or nurses they have used to assist them with nursing home cases in the past. DeMent Askew & Johnson, LLP will attempt to settle the case without filing a lawsuit. If necessary, we will file a lawsuit and bring the case to trial as soon as possible. Every step of the way, DeMent Askew & Johnson, LLP will be working with you and for you to obtain the most favorable outcome possible. If you are concerned about the quality of care your elderly loved one is getting in their nursing home or assisted living facility, call us today for a free consultation regarding your professional negligence matter. at 919-833-5555.


Contact Us


(919) 833-5555


333 Fayetteville Street, #1513
Raleigh, NC 27601-2950


Long-time Sales Associate at Plumbing and HVAC Supply Company Receives Confidential Settlement as a Result of Medical Malpractice

July 11, 2016

DeMent Askew & Johnson’s client was in his yard filling a birdfeeder with birdseed when he fell and twisted his left leg in an awkward position. He immediately heard a crack and saw that his left ankle was turned in an awkward position. His wife called 911. EMS arrived and transported him to a local…

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Single Mother on Her Way to Work Hit by Pick-Up Truck Running a Red Light Receives $122,500.00 Settlement Just Before Trial

September 14, 2015

DeMent Askew & Johnson’s client was driving south on Lake Wheeler Road in Raleigh on her way to work. She was approaching the intersection with Centennial Parkway and was intending to travel straight through the intersection. At the same time, the Defendant was driving a large pick-up truck traveling in a northerly direction on Lake…

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Stroke Victim Resident of a Nursing Home that Was Raped by Co-Resident Receives Large Confidential Settlement

October 11, 2015

DeMent Askew’s client had suffered a stroke years ago. She could not speak as a result of the stroke, and she was also confined to a wheelchair. However, she was still very sharp mentally. She was residing in a nursing home because of her physical limitations. One day, a new resident appeared in the nursing…

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Part-Time Student and Restaurant Worker Attacked by Two Pit Bulls While Mowing Grass Receives $101,000.00 Settlement After Extensive Litigation Including Separate Lawsuit Regarding Insurance Coverage

February 11, 2019

On a summer afternoon, Mr. Johnson’s client was mowing the lawn at the residence of a friend house in Raleigh. The property line running along the back of where he was mowing the lawn runs alongside and is adjacent to the back of the yard of a house which was being kept two Pit Bull…

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North Carolina Crime Lab Firearms Examiner Wins 9 Million Dollar Verdict in 3 ½ Week Long Libel Jury Trial Against the News and Observer

October 14, 2016

9 Million Dollar Verdict is Top Verdict in North Carolina for 2016 as Reported by Lawyers Weekly! Attorney: James Johnson, Dement Askew Date of Verdict: October 2016 In 2006, North Carolina expert firearms examiner Beth Desmond was asked to examine some bullet fragments and shell casings from a homicide crime scene. The incident occurred in…

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Man Moving from Georgia to West Virginia to be Closer to Family Hit by 18-Wheeler in North Carolina Receives $140,000.00 Settlement After Extensive Litigation

January 14, 2019

Mr. Johnson’s client was driving a Dodge pick-up truck northeasterly on the on-ramp for traffic exiting off of I-485 and onto I-77 north in Charlotte. He was in the process of moving from Georgia to West Virginia and was pulling a U-Haul trailer. He had a full load in the bed of his truck. One…

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Nurse at Local Hospital Involved in Automobile Collision Receives $300,000.00 Settlement After Extensive Litigation

February 11, 2019

Mr. Johnson’s client was driving north on Capital Blvd., approaching the intersection with Wake Union Church Road. The Defendant was driving south on Capital Blvd in a large SUV owned by a local landscaping company. As our client approached the intersection, the traffic light for her direction of traffic was emitting a steady green light.…

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February 12, 2019

In a unanimous opinion filed on December 18, 2018, a three-judge Court of Appeals panel affirmed the $6.12 Million Dollar jury verdict Mr. Johnson and associate Chynna Smith won on behalf of their client, a former state firearms examiner, Beth Desmond, in her libel case against the Raleigh News & Observer and reporter Mandy Locke.…

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Estate of Elderly Mother of Three That Suffered Through Negligent Care at a Nursing Home Resulting in Death Receives Large Confidential Settlement

November 14, 2016

The deceased was a resident of a North Carolina nursing home. She had recently been sent to a local hospital for an unrelated illness and was recovering well from this prior illness. During this recovery period, she developed an ulcerous wound in and around her sacrum. The nursing home staff failed to timely detect the…

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