North Carolina Assisted Living Facility Neglect Demand Letter

Dear [Administrator Name]:

I am writing on behalf of [Resident Name], [my mother/father/relative/ward], who [is/was] a resident at [Facility Name]. This letter constitutes formal demand for resolution of serious violations of North Carolina law and the statutory rights guaranteed to residents of Adult Care Homes.

SUMMARY OF VIOLATIONS

During [his/her] residency, [Resident Name] suffered the following harm due to your facility's negligence, abuse, and/or failure to comply with applicable law:

[Describe specific incidents, injuries, or failures. Be specific about dates, what happened, what injuries resulted, and how the facility failed in its duties. Examples:]

• [On DATE, Resident suffered a fall due to inadequate supervision, resulting in INJURY. Staff did not respond for X minutes despite call light activation.]
• [Resident developed Stage X pressure ulcers due to failure to reposition and provide adequate skin care as required by the care plan.]
• [Staff verbally abused Resident on DATE by DESCRIPTION, in violation of Resident's right to be treated with dignity.]
• [Facility failed to administer prescribed medications on multiple occasions, as documented in medication administration records.]

VIOLATIONS OF NORTH CAROLINA LAW

The conduct described above constitutes violations of multiple provisions of North Carolina law, including but not limited to:

• NC Gen. Stat. § 131D-21 — Residents' Bill of Rights, including the rights to dignity, freedom from abuse and neglect, adequate care, and privacy;
• NC Gen. Stat. Chapter 131D — Adult Care Home Licensure Act operational requirements;
• 10A NCAC 13F — Administrative rules governing staffing (.0901), care services (.0700), medication management (.0800), and facility safety;
• NC Gen. Stat. Chapter 108A, Article 6 — Abuse, neglect, or exploitation of a disabled adult;
• Common law negligence and breach of contract.

DAMAGES

As a direct result of your facility's failures, [Resident Name] and [his/her] family have suffered the following damages:

• Medical expenses for treatment of injuries: [$X.XX or "to be determined"]
• Physical pain, suffering, and emotional distress
• Fees paid to the facility for inadequate care: [$X.XX]
• Costs of relocation to alternative care: [$X.XX]
• [Other specific damages]

DEMAND

I hereby demand that [Facility Name] take the following actions within fourteen (14) days of the date of this letter:

1. Provide a full refund of fees paid during the period of substandard care, totaling [$X.XX];
2. Compensate [Resident Name] for medical expenses, pain and suffering, and other damages in the amount of [$X.XX], OR contact me to negotiate a fair resolution;
3. Provide complete copies of [Resident Name]'s medical records, care plans, incident reports, and medication administration records;
4. Provide written acknowledgment of the violations and a corrective action plan.

CONSEQUENCES OF NON-COMPLIANCE

If I do not receive a satisfactory response within the time specified, I intend to pursue all available remedies, including but not limited to:

• Filing a formal complaint with the NC Division of Health Service Regulation (DHSR);
• Filing a report with Adult Protective Services pursuant to Chapter 108A;
• Contacting the NC Long-Term Care Ombudsman;
• Initiating civil litigation to recover damages, including medical expenses, pain and suffering, and punitive damages as warranted;
• Reporting potential criminal violations to local law enforcement under NC Gen. Stat. § 14-32.3.

I am prepared to resolve this matter without litigation if [Facility Name] acts promptly and in good faith. However, I will not hesitate to exercise all legal rights to protect [Resident Name] and prevent future harm to other residents.

Please direct all responses to me at the address above.

Enclosures:
- Photographs of [injuries/conditions]
- Medical records from [hospital/provider]
- [Other supporting documentation]

cc:
- NC Division of Health Service Regulation
- [Attorney Name, if represented]