legal resources necessary to hold negligent facilities accountable.
Assisted Living Facility Injury Lawyer
Lawyers for People Injured at Assisted Living Facilities
Assisted living facilities (ALF) provide a viable option for elderly patients who do not quite need the constant care and supervision offered in a nursing facility setting but still require some form of assistance.
ALFs allow residents to receive care in a comfortable home-like setting while giving up only moderate independence and privacy.
Negligent caregivers might fail to provide the supervision or quality of care promised, leading to severe injuries.
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.
Did your loved one suffer an injury due to an accident or neglect at an ALF? If so, you might have grounds to pursue a claim or assisted living lawsuit against the long-term care center.
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. Caregivers are responsible for providing elderly residents with meals, ensuring that their environment is safe, and providing medical help and care when required.
Our nursing home abuse and neglect lawyers have noticed that a staffing failure to supervise residents properly can be linked to many, if not most, of the ALF injury cases we handle. Below are some of the types of accidents that victims might experience and give rise to legal action.
Falls in Assisted Living Facilities
A staggering thirty-three percent of all elderly adults will fall every year in the United States, and falls can result in serious trauma that limit or impair mobility or even lead to death.
In 2018, over 18,580 reports of elderly deaths were linked to a fall or complications arising in the treatment of injuries suffered in one.
Many falls could be prevented by ensuring that furniture and other objects are not placed in common walking paths, and that wet floors are marked, and residents are provided with any assistance needed.
Was your family member injured in an ALF fall accident?
You might have grounds for legal action against the health care facility to recover damages for medical treatment and other expenses.
Medication Errors in an Assisted Living Facility
Doctors who prescribe medicine to elderly residents who are often taking multiple medicines already must take the time to ensure the new prescription will not interfere with the patient's other medications.
It is also the pharmacist's and ALF center staffs' responsibility to make sure that a resident receives the right medicines and at the proper doses.
An alarming number of medication errors occur each year across the country, and while most of the injuries are minor, others can be severe or fatal.
If your relative suffered a severe injury due to a medication error at an ALF, you might have grounds to file a lawsuit against the facility.
Malnutrition in ALF Residents
Some understaffed assisted living centers provide patients a diminished level of care. Nursing home residents are not given the nutrition or hydration they need and 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 ResidentsEven though assisted living residents have much greater independence than patients in nursing 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 family of the deceased patient may be able to file a wrongful death claim against the facility to recover damages for their loss to recover loss of emotional and financial support.
Assisted Living Facility Accident Injuries FAQs
Can You Sue an Assisted Living Facility for Negligence?
To sue for damages, victims, or their legal representatives, must prove that the nursing home or employee was negligent in providing care or protection. The ALF might be negligent in its supervising or hiring practices or inadequate maintenance of the premises creating hazardous conditions.
The staff's negligent or careless actions might also cause the victim harm, including administering the wrong medication, not maintaining accurate physician's orders and medical records, or not assisting the resident with personal care.
What Needs to be Proved to Win a Personal Injury Lawsuit Against an Assisted Living Facility?
Assisted-living facilities (ALF) provide residents with limited care that might include 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 negligence 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 that were caused by the facility's breach of duty might include monetary loss, injury, or wrongful death
- The defendants (assisted living facility and staff) directly caused the resident's damages
What Levels of Care Can an Assisted Living Facility Provide?
Assisted living facility staff provide varying levels of care based on the resident's activity levels. Typical levels of assistive care might involve:
- Incontinence issues
- Eating and drinking
- Medicine administration
Usually, the assisted living facility offers three levels of assistance, including a low level of care that involves minimal assistance and supervision, a moderate level that might acquire assistance with dressing or eating, and a high level that affects multiple activities of daily living that are usually provided by multiple caregivers.
Do Assisted-Living Facilities Have To Report Falls?
Yes, regulatory agencies, including Medicare and Medicaid Services, require ALFs file incident reports detailing abuse and neglect or an injury, like a slip and fall accident. The report must be filed within hours if injuries are involved, and the details are still fresh in the witness's mind.
Many contributing factors lead to slip and fall accidents in assisted-living facilities, including the staff using a Hoyer lift and gait belt, malfunctioning equipment, sexual or physical assault, burns, elopement (wandering away), and injuries caused by an "unknown origin."
What is the Difference Between an ALF and Nursing Home?
Unlike an ALF, skilled nursing facilities (nursing homes) are considered to be medical facilities and are intended to provide higher levels of care for their 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. We invite you to contact our attorneys for a free consultation regarding your legal rights and options for recovery.
What Is the Average Settlement for Nursing Home Neglect?
In the United States, assisted living facility residents with mild to moderate injuries typically settle neglect cases for up to $100,000 or more. Cases with severe injuries usually settle or resolve through a jury trial award for about $400,000.
Cases involving catastrophic injuries or wrongful death usually resolve in a jury trial verdict of $500,000 or more.
Call (800) 926-7565 Toll-Free for a Free Consultation With a Lawyer Regarding Abuse in Assisted Living Centers
Attorneys With Experience Prosecuting Claims Against Negligent Assisted Living Facilities
Our nursing home neglect and abuse lawyers have also encountered instances of abuse at assisted living centers that are inexcusable. There should be no reason any resident is subjected to physical, sexual, or financial abuse, but the lack of proper supervision often allows predators to get away with these acts unnoticed.
Here are all the forms of abuse that might be encountered at an ALF and the warning signs.
Financial abuse — Identity theft is a growing concern for elderly patients who are often targeted for financial abuse. Workers could steal business documents or embezzle money directly from their patients.
They often threaten ALF 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.Physical abuse — While there are cases of direct assault, physical abuse could manifest when subduing or restraining seniors in an assisted living facility. There is no excuse for ever using physical force to coerce patients to fall in line or act as the caregiver's wish.
Often patients are afraid of their abusers and will not quickly come forward with allegations, so if you notice that your loved one has bruising, open bedsores, broken bones, or poor hygiene, make sure to ask questions.
Emotional abuse — Caregivers could insult or threaten the ALF's older adults, raise their voices, or harass them while providing care. The caregiver's utterly unacceptable behavior should be recognized as abuse, as any physical or sexual assault would.
There are many instances where emotional abuse is accompanied by or leads to physical or sexual acts of abuse. Watch for sudden changes in your loved one's behavior, silence in the presence of a caregiver, or sudden mood swings into depression or anger that could be signs of mental abuse.
Sexual abuse — A sexual abuse perpetrator could be anyone, including a nursing home employee, nursing staff, visitors, friends, and family members.
Assisted living facilities are responsible for providing a safe atmosphere, so regardless of whether the abuse is a nursing home staff member, fellow resident, or a visitor, questions must be asked about how the abuse was allowed to occur.
By state law, the facility must file all sexual abuse incident reports to law enforcement and Adult Protective Services.
Neglect —Even though patients in assisted living facilities 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 neglecting a resident in any long-term care facility, including assisted living centers.
Ask questions whenever you notice something seems wrong rather than to brush it off or accept the caregiver's reassurances when you demand an answer.
File a report so that the Centers for Medicare and Medicaid Services (CMS) investigates your abuse or neglect suspicion. It is better to be proven wrong than to let the issue go and find out later that your loved one was a victim all along.
Get a Legal Team Working to Protect the Legal Rights of a Loved One an Assisted Living or Nursing Home Facility
Nursing Home Law Center LLC has been providing award-winning legal services to individuals and families who have a family member with an injury or death at an ALF for years, and we've helped thousands of clients collect the compensation they were entitled to for their injuries.
We have an exceptional team of lawyers dedicated to working with clients whose loved ones have been injured due to negligent caregivers' actions.
These nursing home abuse lawyers have the knowledge and experience that you need to ensure the best chance of success.
Call (800) 926-7565 Toll-Free for a No-Obligation Consultation Concerning a Resident's Injury
Contact us today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation for immediate legal advice. Arrange a risk-free and confidential consultation with one of our top-rated assisted living facility negligence attorneys. We'll collect and review all the information that we need to investigate your matter.
Our legal team will evaluate your case and discuss your rights and legal options so that you know exactly what to expect and how to proceed.
Our services are completely guaranteed, which means we do not require any upfront payments and will only accept payment after securing compensation on your behalf.
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