legal resources necessary to hold negligent facilities accountable.
Assisted Living Abuse Lawyer
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 facility but still require some assistance.
ALF allows residents 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.
Negligent caregivers might fail to provide the promised supervision or quality of care, leading to severe injuries and elder abuse.
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 represent the interests of anyone who has suffered the consequences of negligent or irresponsible care. 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 Centers
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 their environment is safe, and providing medical help and care when required.
Our abuse and neglect lawyers have noticed that a staffing failure to supervise residents properly can be linked to many, if not most, of the nursing home injury cases we handle. Below are some types of accidents that victims might experience and give rise to legal action.
Falls in Assisted Living Facilities
Thirty-three percent of all elderly adults will fall annually in the United States. Falls can result in severe trauma that limits or impairs mobility or even death.
In 2018, over 18,580 reports of elderly deaths were linked to a fall or complications arising in treating injuries.
Many falls could be prevented by ensuring that furniture and other objects are not placed in common walking paths, that wet floors are marked, and that residents are provided with assistance.
Was your family member injud 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 drugs 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 assisted living facility staff's responsibility to ensure that a resident receives the right medicines at the proper doses. An alarming number of medication errors occur annually 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 with 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 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.
Call (800) 926-7565 Toll-Free for a Free Case Evaluation With a Lawyer Regarding Negligence in Assisted Living Centers
Attorneys With Experience Prosecuting Claims Against a Negligent Assisted Living Facility
Our nursing home neglect and abuse lawyers have also encountered instances of abuse at assisted living centers that are inexcusable. There is be no reason for any resident to be subjected to physical, sexual, or financial abuse. Still, the lack of proper supervision often allows predators to get away with these acts unnoticed.
Here are some of the forms of abuse encountered at an ALF and the warning signs:
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 assisted living facility 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.
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 wishes.
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.
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 considered abuse, as any physical or sexual assault.
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.
A sexual abuse perpetrator could be anyone, including an ALF employee, nursing staff, visitors, friends, and family members.
The chosen assisted-living facility is responsible for providing a safe atmosphere, so regardless of whether the abuser is a staff member, fellow resident, or a visitor, questions must be asked about how the abuse occurred.
By state law, the facility must file all sexual abuse incident reports 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 neglecting a resident in any long-term care facility, including assisted living centers.
Ask questions whenever you notice something seems wrong rather than 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) investigate 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.
Get a Legal Team Working to Protect the Legal Rights of a Loved One in an Assisted Living or Nursing Home Facility
Nursing Home Law Center, LLC has been providing award-winning legal services for years to individuals and families who have a family member with an injury or death at an ALF.
Our team has 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.
Evidence Must Be Preserved
Most of the evidence needed for your case will likely be in the nursing home's possession. Administrators may refuse to hand over this evidence because they want to keep the odds in their favor. And if it's not handled correctly, some evidence can be changed or lost.
A lawyer who specializes in long-term care facility abuse cases can step in and launch an instant investigation. A lawyer may even issue subpoenas if necessary to retrieve any proof that the care home previously suppressed.
Preservation letters can also be written and delivered to the facility's lawyer or business office. The evidence most pertinent to your claim will be known to your attorney and may include:
- The resident's medical records
- The facility's hiring and training procedures
- The staff schedules
- Depositions from eyewitnesses and medical experts
- Caregiver keycard data
You Need Someone In Your Corner
As you might have already suspected, once they become aware of a case of abuse or neglect, the care center's officials aren't on your side. Assuming they will contact you directly to resolve the issue internally makes sense. Although they may appear kind and helpful, you must keep in mind that their interests differ from yours.
In other words, they aim to compensate your family as little as possible in damages while avoiding bad publicity. On the other hand, you must protect your family and yourself. The assisted living care home might receive negative news, and corporate lawyers will be keen to settle.
Help You Receive A Fair Settlement Or Take Your Case To Trial
If you represent yourself, you risk missing out on certain damages because you are simply unfamiliar with them. In addition, the other party might underestimate injuries, and since you lack prior legal knowledge, you might not be aware that your case is being weakened.
The last thing you want is to sign a release and accept a lowball offer, only to find out later that the settlement was significantly undervalued. At this point, you are unable to seek further damages or compensation.
Filing a case involves a complicated series of stages. To seek compensation, a plaintiff must decide on the appropriate route of action. Remember that cases of abuse can include fraud, negligence, physical or emotional abuse, or any combination of these.
Your attorney will identify the best path forward and author documents substantiating your case.
Let The ALF Know That You Are Serious About Getting Justice
Dealing with a skilled attorney gives you a much-needed advantage. They know local, state, and federal case laws. The opposing party is typically more willing to cooperate when an experienced negligence attorney is present.
Assisted Living Facility Accident Injuries FAQs
Our personal injury attorneys understand that many families have unanswered questions when dealing directly with nursing homes and insurance companies when their loved one is injured. A lawyer from our law offices has answered some of those questions below.
Contact an assisted-living facility abuse lawyer today at (800) 926-7565 for additional information.
To sue for damages, victims, or their legal representatives, must prove that the assisted living facility or employee was negligent in providing care or protection. The assisted living facility might be negligent in its supervising or hiring practices or inadequate maintenance of the premises creating hazardous conditions.
The staff's negligent 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.
Assisted-living facilities (ALF) provide residents with 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 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 caused by the facility's breach of duty might include monetary loss, injury, or avoidable death.
- The defendants (assisted living facility and staff) caused the resident's damages.
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 require assistance with dressing or eating
- A high level that affects various activities of daily living.
Regulatory agencies, including Medicare and Medicaid Services, require ALFs to 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 remain 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."
Unlike an ALF, skilled nursing facilities (nursing homes) are considered medical facilities that provide higher levels of care for their residents.
Consequently, nursing care 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.
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 resolved 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.
Call (800) 926-7565 Toll-Free for a Free Consultation With a Lawyer Regarding Abuse in Assisted Living Centers
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 abuse and neglect while residing in the AFL?
Contact us today at (800) 926-7565 (toll-free phone call) or through the contact form to schedule a free legal 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 necessary information to investigate your matter.
Our legal team will evaluate your abuse and neglect 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, so we do not require any upfront payments and will only accept payment after securing compensation on your behalf.
All discussions with our firm remain confidential through an attorney-client relationship. Our attorneys follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).