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.

Injured Victims from Riverside Health and Rehab Center Seek Financial Compensation

Nursing home regulators from the state of South Carolina and Centers for Medicare and Medicaid Services (CMS) conduct routine investigations and surveys in nursing homes statewide. These inspections help identify serious violations, health hazards, and deficiencies that require immediate attention.

If the nursing staff fails to make necessary changes, revise their policies and procedures, and improve the level of care provided to residents, they could lose their contract to provide care and services to state and federally-funded patients. In egregious cases, the Home might be designated a Special Focus Facility (SFF) and added to the national Medicare watch list.

Injured Purcell Care Center Residents Now Filing Financial Compensation Claims

Nursing home regulators working for the State of Oklahoma and the Centers for Medicare and Medicaid Services (CMS) conduct routine inspections, surveys, and investigations on every facility statewide. These unannounced visits to the nursing home help identify minor to serious infractions, violations, and deficiencies that require immediate correction. The efforts by the survey team help stop abuse, mistreatment, and neglect.

Some cases are so egregious that surveyors place the nursing facility on a federal Medicare watch list and designate the home as a Special Focus Facility (SFF). The surveyors will return three or four times throughout the year to review documents, make observations and interview residents and employees. If there are no significant improvements to the list of infractions and deficiencies, the nursing facility can remain on the watch list for as long as 3 to 4 years.

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 Oak Hill Health and Rehab Center Residents Seek Compensation for Damages

To ensure the public remains fully informed on the level of care every nursing home provides, both the State of Rhode Island and the Centers for Medicare and Medicaid Services (CMS) conduct routine surveys and inspections. These inspections help identify serious problems, health hazards, violations, and deficiencies. In most cases, the nursing facility is given the opportunity to make prompt corrections to the level of care they provide, and adjustments of the policies and procedures used as guidelines for the nursing staff.

Some nursing facilities cannot or will not make these necessary improvements. When this occurs, the Home can face serious consequences including monetary penalties, a demand of selling their business to another company in good standing and be added to the federal watch list. Even if the facility becomes compliant with federal and state nursing home regulations, they often remain on the watch list for years as surveyors and inspectors evaluate the permanency of their corrections.

Injured Lennwood Nursing and Rehabilitation Center Residents Seeking Financial Compensation

The Centers for Medicare and Medicaid Services (CMS) and the state of Texas conduct routine surveys and unannounced investigations at every nursing facility statewide. The effort to the surveyors and inspectors help identify serious concerns involving violations and deficiencies at the Home. When problems are identified, the facility has the opportunity to make immediate corrections to maintain and protect the health and safety of every resident.

In some egregious cases, state and federal nursing center regulators will designate a Home as a Special Focus Facility (SFF) on a national watch list. Receiving this unwelcomed designation means that the facility will have to undergo additional unscheduled surveys and inspections to determine the level of improvements that the nursing home has made. The facility can only be removed from the watch list after many years of proving how significant changes made to the policies/procedures in providing care has significantly increased the quality of life of the resident.

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.

Law Firm Represents Injured Victims of Good Samaritan Society – Alliance

The Centers for Medicare and Medicaid Services (CMS) and the state of Nebraska routinely conduct investigations and surveys at every nursing facility statewide. Their efforts help identify serious concerns, violations and deficiencies occurring inside the nursing home that affect the health and well-being of the residents. In some incidents, the surveyors will issue one or more citations and call for prompt corrective action.

At some locations, the underlying problems of the nursing facility that led to the discrepancies make it extremely difficult to ensure that any improvement made at the Home remains permanent. In the most deplorable cases, the nursing home will be placed on a national watchlist and designated a Special Focus Facility (SFF). This special designation will result in numerous additional surveys, investigations, and inspections throughout the year to determine if the nursing home has made any significant improvement to the level of care they provide.

Law Firm Representing Injured Victims at Diversicare of St. Joseph

To ensure the public remains fully informed about the level of care provided in every nursing facility in Missouri, federal and state regulators conduct surveys and investigations year-round.

The Missouri State Health Department and the Centers for Medicare and Medicaid Services (CMS) enforce regulations enacted by state legislatures and the US Department of Health and Human Services (HHS). When egregious violations and serious safety deficiencies are identified, the nursing home is placed on notice to make corrections quickly or suffer the financial consequences.

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