Lawyer Resources for Assisted Living Facilities

assisted-living-in-nursing-homesFor many people who are not quite ready for a full nursing care facility, assisted living facilities provide the perfect compromise between receiving more assistance and still maintaining some independence. Even though these residents are oftentimes in better health and more independent than those in a nursing home, that does not mean they do not rely on their caregivers. Because of this reliance, those living in assisted living facilities are at risk for neglect, injury, possibly even abuse when the assisted care center is not managed properly.

The need for a safe environment

The main reason that older citizens move towards these assisted living facilities is that they want to reduce their risk of harm or injury. They may become increasingly reliant on others to help them. If the staff does not do its duty, it is possible for accidents to occur. Some of the most commonly seen injuries in an assisted care center include:

  • Malnutrition – Especially as patients get older, it is important to eat the necessary calories and nutrients. Otherwise, their health may deteriorate even faster. Many elderly patients may have specific diets that they need to follow, for example, low sodium diets for people with high blood pressure.
  • Falls – Not only are patients over the age of 65 more susceptible to falls, a fall is also far more likely to cause serious injury after that age. According to the CDC, every year, one in three older adults will experience a fall. In fact, CDC statistics from 2009 show that 19,000 adults suffered fatal injuries because of a fall that year.
  • Supervision – Even though the residents maintain a level of independence, the staff is still responsible for supervision. If the staff is not adequately trained or if there is not enough staff available, it may lead to injuries that may have otherwise have been prevented.

Abuse in assisted living facilities

Unfortunately, whether intentional or unintentional, the reported number of abuse incidents in assisted care centers has increased in the last two decades. While these patients have a better cognitive function and more mobility than those in a nursing home, they are still prone to neglect and abuse. Some of the types of neglect and abuse occurring at assisted living facilities to keep an eye out for include:

  • Neglect – A patient who moves into an assisted care facility still requires some assistance. It is never acceptable that a patient is neglected in relates to their personal hygiene, medical needs, or nutritional needs.
  • Physical – This is perhaps the easiest type of abuse to identify. Using physical force to ‘discipline’ or hurt residents is never acceptable.
  • Sexual – We can expect that the staff at an assisted living facility is going to protect those entrusted to them from sexual abuse, both from other residents and employees.
  • Emotional – One of the most difficult forms of abuse to identify, emotionally abusing, bullying, or harassing residents can have a devastating impact.
  • Financial – Financial abuse is an increasingly common form of abuse for the elderly. It is important that residents be protected against identity theft, money embezzlement, and being stolen from by employees or residents.

Abuse in assisted living facilities is never acceptable. Learning how to identify possible signs and reporting those to the proper authority is the only way to enact change.

Attorneys For Mistreatment, Abuse & Injury At Assisted Living Facilities

Due to their unique licensing structure, assisted living facilities are controlled by very different laws than nursing homes. Consequently, cases involved an injury at an assisted living facility must be approached differently and require the expertise of a law firm who appreciates this distinction. If your family member sustained an injury during and admission to an assisted living facility, we invite you to contact Rosenfeld Injury Lawyers for a consultation relating to your legal options. As with all of our elder abuse cases, we only charge a legal fee if there is a recovery for your family. Call us anytime (800) 926-7565

Law Firm Representing Injured Residents of Wentworth Rehab and Health Care Center

The Centers for Medicare and Medicaid Services (CMS) and the state of Illinois routinely conduct unscheduled surveys and unannounced investigations to inspect every nursing facility statewide. Their efforts identify serious violations, deficiencies, hazardous conditions and health violations. When surveyors identify serious concerns, the facility has the opportunity to make corrections promptly to maintain the health and well-being of every resident.

In serious cases, the Medicare and Medicaid nursing home regulatory agencies will designate the Home a Special Focus Facility (SFF) and add the Center to the national watch list. This undesirable designation means that the facility must undergo many more inspections and surveys every year to determine that any corrective actions taken to improve the level of care in taking care of the residents is permanent.

Injured Riverside Heights Healthcare Center Residents Seeking Compensation

Both the State of California and the Centers for Medicare and Medicaid Services (CMS) conduct routine surveys and unannounced inspections to identify serious violations, health concerns, and deficiencies. When problems are found, the nursing home must make significant improvements to rectify the issues and undergo a follow-up inspection.

Some nursing homes have serious underlying problems that lead to severe harm or death of a resident. When this occurs, state and federal nursing home regulators can place the facility on the national Medicare watch list and designate the Home as a Special Focus Facility (SFF). The center will remain on the watch list and maintain its designation while undergoing many additional inspections, surveys, and investigations into filed formal complaints.

Attorneys Representing Injured Residents of Providence Mt. Rubidoux

To ensure the public remains fully informed, the Centers for Medicare and Medicaid Services (CMS) and the state of California conduct routine unannounced visits, inspections, and surveys of every nursing home statewide. Their efforts help to identify serious concerns, abuse, violations, and deficiencies. When problems are found, the nursing facility is afforded the opportunity to make prompt significant improvements to the level of care they provide or face monetary consequences.

In egregious cases, nursing home regulators may designate the Home as a Special Focus Facility (SFF) and place the Center on the federal Medicare watch list. This designation alerts the facility that their unacceptable substandard of nursing care will no longer be tolerated. If improvements are not made within the appropriate timeframe, the facility may be required to sell their operation to another company in good standing or lose their contract to provide care to Medicare and Medicaid-funded patients.

Injured Residents of Bakersfield Healthcare Center Seek to Obtain Financial Compensation

Both the State of California and the Centers for Medicare and Medicaid Services (CMS) conduct routine investigations, surveys and inspections of every nursing facility statewide. The results of their inspections often help identify serious safety concerns, health violations, and deficiencies. When the Center is found to be deficient and violating state and federal nursing home regulations, they are required to make prompt changes to the level of care they provide residents and revise their policies and procedures that reflect compliance with the law.

Unfortunately, some nursing home facilities are unwilling or unable to make necessary corrections and changes. In these cases, nursing home regulators will designate the Center a Special Focus Facility (SFF) and add the Home to the federal Medicare watch list. Additionally, the nursing facility must undergo many more inspections than normal. If the nursing home remains out of compliance, the owners can be forced to sell their operation to another company in good standing or lose their contract with Medicare and Medicaid to provide services to federally-funded patients.

Representing Kindred Traditional Care and Rehab Center – Columbus Injured Residents

The Centers for Medicare and Medicaid Services (CMS) and the State of Indiana conduct routine surveys and unannounced investigations at every nursing facility to ensure resident safety is maintained. Any deficiency or failure identified during the inspection requires immediate attention and appropriate adjustments/corrections must be made promptly.

In some incidences, the nursing home is unwilling or unable to make the necessary corrections to improve the quality of care they provide those under their care. When this occurs, the federal and state nursing home regulatory agencies can designate the Home as a Special Focus Facility (SFF) on a national watch list.

Woodley Manor Health and Rehab Center Victims Obtain Monetary Recovery

Both the State of Alabama and the Centers for Medicare and Medicaid Services (CMS) conduct routine investigations, inspections, and surveys of every nursing facility statewide. Their efforts identify minor to severe violations and deficiencies that require prompt corrections and adjustments. When the deficiencies are found, the nursing home investigators review the policies and procedures at the facility to show evidence why citation and monetary fines should be issued.

Even though the nursing homes with deficiencies are forced to re-educate the nursing staff and adjust policies and procedures, in some cases, the underlying problems are too great to make permanent improvements.

Law Firm Representing Injured Victims of Belmont Lodge Health Care Center

To ensure the health and well-being of every nursing home resident, the Centers for Medicare and Medicaid Services (CMS) along with the State of Colorado routinely investigate, survey, and inspect every nursing facility in the state. During these scheduled appointments and unannounced inspections, the surveyors identify minor to serious offenses, violations, and deficiencies that occur within the walls of the nursing home.

When serious violations are identified, the surveyors will often penalize the nursing home with monetary fines or place the facility on a federal watch list. In the most egregious cases, the nursing home will be designated a Special Focus Facility (SFF) to alert the Administrator and nursing staff that their substandard level of care will no longer be tolerated.

Attorneys Representing Injured Victims of Consulate Healthcare of Melbourne

If the Centers for Medicare and Medicaid Services (CMS) determine that the nursing facility is managed poorly with identifiable violations and deficiencies, the federal agency holds the Home accountable for making immediate corrections. If the problems tend to exacerbate or recur, the federal agency may designate the nursing home a Special Focus Facility (SFF) that must follow specific rules to maintain its contract with Medicare and Medicaid to provide care to those in need.

In addition to the designation, the facility must undergo two to three times the normal numbers of surveys and evaluations that the remaining nursing homes, assistive living centers, and rehabilitation facilities participate in every year.

Attorneys Representing Injured Glen Haven Home Residents

The Centers for Medicare and Medicaid Services (CMS) and state regulators conduct routine surveys and inspections at least twice every year at every nursing facility in Iowa. Through inspections and investigations, the regulatory agencies can quickly identify serious concerns, violations, and deficiencies at the nursing home and enforce prompt corrections to ensure the health and well-being of every resident are protected.

In some cases, a nursing facility in violation of regulations cannot or will not make changes to update and improve their policies, procedures, and protocols when providing care. When this occurs, the regulatory agencies can issue monetary fines, add the nursing center to a federal watchlist, and designate the Home as a Special Focus Facility (SFF). The undesirable designation alerts the public, and the nursing home that corrections must be made promptly or the facility will be made to close their doors or sever their contract with Medicare and Medicaid.

Law Firm Representing Injured Victims Residing at Ridgecrest Healthcare Center

To keep the public informed, the state of Arizona and Centers for Medicare and Medicaid Services (CMS) routinely update their Medicare.gov website. This data contains information concerning deficiencies and violations occurring in nursing facilities throughout the state of Arizona and nationwide.

When a facility is found to be in violation of federal and state nursing home regulations, the nursing staff and administration must take immediate appropriate action to make corrections to their substandard level of care.

Justia Lawyer Rating for Jonathan Rosenfeld

Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric