legal resources necessary to hold negligent facilities accountable.
Assisted Living Facility Abuse
Assisted living facilities (ALF) provide a viable option for elderly patients who do not reasonably need the constant care and supervision offered in a nursing home but still require some assistance.
ALF allows senior citizens to receive care in a comfortable home-like setting while giving up only moderate independence and privacy, which presents an excellent option for your beloved family member.
However, the ALF cannot keep a resident with heightened care needs in-house. Instead, if the ALF cannot appropriately care for and supervise the resident, they must discharge them to a skilled nursing facility.
Lawyers for People Injured at Assisted Living Facilities
Did your loved one suffer an injury from an accident or abuse and neglect while at an assisted living facility? If so, you might have grounds to pursue a claim against the long-term care center.
The personal injury attorneys at Nursing Home Law Center, LLC, represent the interests of anyone who has suffered the consequences of negligent or irresponsible care in assisted living facilities. Contact our nursing home abuse lawyers at (800) 926-7565 (toll-free phone number) for a free case evaluation to determine your legal rights.
Types of Accidents Involving Injuries at Assisted Living Facilities
The Department of Health and Human Services reports that twenty percent of high-risk Medicare emergency room cases occur from abuse or neglect in assisted living facilities. Staff members are responsible for providing elderly people with meals, ensuring their environment is safe, and providing medical help and care when required.
Our abuse and neglect lawyers have noticed that staff members' failure to supervise senior citizens properly can be linked to many, if not most, of the neglect in nursing homes we handle.
Was Your Family Member Injured In An ALF Accident?
You might have grounds for legal action against the healthcare facility to recover damages for medical treatment and other expenses.
Medication Errors in Assisted Living Facilities
Doctors who prescribe medicine to elderly residents who are often taking multiple drugs already must take the time to ensure the new prescription will not interfere with the patient's other medications.
Malnutrition in ALF Residents
Some understaffed assisted living centers provide patients with a diminished level of care. If nursing home residents are not given the nutrition or hydration they need, they can suffer severe medical complications.
All assisted living centers must consider patients' dietary needs before preparing and serving their meals. Any failure to do so could harm their health. Poor nutrition could lead to the development of bedsores (pressure sores), the source of many ALF lawsuits.
Accidents Due to Failure to Provide Supervision to Residents
Even though assisted living residents have much greater independence than patients in nursing care homes, they still require supervision to ensure their safety.
Failing to supervise is the most common catalyst for trauma in ALFs.
Wrongful Death Cases Against Assisted Living
Many abuse cases of the elderly lead to the death of a resident by mistreatment, elopement (wandering away from the care home), and abuse.
In these situations, the deceased patient's family may be able to file a wrongful death claim against the facility to recover damages for their loss and loss of emotional and financial support.
Common Types of Elder Abuse Nursing Home Residents Face
Staff, visitors, or other residents may threaten residents or take advantage of those suffering from neurological disorders to get financial information or money. Monitor your loved one's credit for any suspicious activity and question any changes made suddenly to your loved one's insurance policies or will.
Financial elder abuse happens more often than families would like to think.
While there are cases of direct assault, physical abuse could manifest when subduing or restraining seniors in assisted living facilities.
There are many instances where emotional abuse is accompanied by or leads to physical abuse. Watch for sudden changes in your loved one's behavior, silence in the presence of a residential caregiver, or sudden mood swings due to lack of residential care could be signs of emotional abuse.
Verbal abuse is often used as a form of emotional abuse in nursing homes.
A sexual abuse perpetrator could be anyone, including an ALF employee, nursing staff, other residents, visitors, friends, and family members. Sexual abuse can leave emotional and physical injuries.
By state law, the if a resident was sexually abused, the facility must report abuse to law enforcement and Adult Protective Services.
Even though patients in assisted living homes value their independence, they must receive regular medical care, be kept clean and fed, and be provided proper care if they have mobility concerns. There is no excuse for staff and medical neglect in assisted living facilities, including assisted living homes.
Assisted Living Facilities and Accident Injuries FAQs
Our elder abuse and neglect attorneys understand that many family members have unanswered questions when dealing directly with nursing homes, assisted living facilities, and insurance companies when their loved one is injured. An elder abuse lawyer from our law offices has answered some of those questions below.
Contact an elder abuse and medical neglect lawyer at (800) 926-7565 for additional information.
Assisted-living facilities (ALF) provide nursing residents limited care, including cleaning, meal preparation, medication administration, and personal hygiene assistance.
However, if the ALF staff's negligence placed the elder at risk and caused harm, the victim can file a claim or civil lawsuit.
The victim, or their law firm, must establish the four elements of evidence to prove assisted living abuse that, includes:
- The assisted living facility owed the resident a duty of care.
- The facility breached its duty of care when providing services or protection.
- The victim's damages caused by the assisted living abuse might include monetary loss, injury, or avoidable death.
- The defendants (assisted living facility and staff) caused the resident's damages.
Assisted living facilities offer three levels of assistance, including:
- A low level of care that involves minimal assistance and supervision
- A moderate level that might require assistance with dressing or eating
- A high level that affects various activities of daily living.
Regulatory agencies, including Medicare and Medicaid Services, require assisted living facilities and nursing homes to file incident reports detailing abuse, neglect, or injuries from nursing home residents.
The report of the assisted living abuse must be filed within hours if injuries are involved, and the details remain fresh in the witness's mind.
Unlike an ALF, skilled nursing facilities (nursing homes) are considered medical facilities that provide higher levels of care for their nursing home residents.
Consequently, nursing homes are subject to additional federal and state regulations to ensure the medical needs of each resident are satisfied.
Each attorney in our affiliated law offices has experience with elder abuse and neglect in all senior living environments, including contact with Adult Protective Services (APS). We invite you to contact our elder abuse attorneys for a free consultation regarding your legal rights and options for recovery from an assisted living abuse situation.
In the United States, assisted living facilities' residents with mild to moderate injuries typically settle neglect cases for up to $100,000 or more. Cases of elder abuse with severe injuries usually settle or resolve through a jury trial award of about $400,000.
Cases involving catastrophic injuries or wrongful death usually resolve in a jury trial verdict of $500,000 or more.
All elder abuse and neglect cases in assisted living facilities must be reported to Adult Protective Services.
Call Our Nursing Home Abuse Attorneys for a No-Obligation Consultation Concerning a Resident's Injury
Has the AFL failed to discharge your family member and send them to a skilled nursing facility if their needed level of care changed? Was your loved one a victim of financial exploitation, verbal abuse, or neglect while residing in the AFL?
Our elder abuse lawyers at Nursing Home Law Center, LLC, will evaluate your abuse and neglect case and discuss your rights and legal options so you know exactly what to expect and how to proceed. Contact us at (800) 926 7565 for a free consultation.
Our services are completely guaranteed, so we do not require any upfront payments and will only accept payment after securing compensation on your behalf.
All discussions about your elder abuse and neglect case with our firm remain confidential through an attorney-client relationship.