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

As we’ve discussed on several occasions, there has been a noticeable trend by senior care facilities to re-organize themselves into different entities in order to avoid regulations applicable to the particular facility.

For example, nursing homes are subject to an extensive list of federal and state regulations regarding the type and method of care provided to patients.  Assisted living facilities on the other hand are primarily controlled by each state.  Other types of care facilities such as group homes and independent living facilities remain fairly unregulated for the most part.

Assisted Living Facilities Compliance With Safety LawsWhile the regulations help ensure safety of patients, they can make it more difficult for facilities to operate—particularly if they are not following the rules.

One of the emerging trends I’ve noticed in the senior care industry is how many assisted living facilities have added skilled nursing care to the services offered by the facility.  Many facilities promote the additional skilled nursing care as an ‘aging in place’ alternative to an undesirable re-locating to a different facility when the need for more intensive care arrives.

skilled nursing facilitiesWhile the combination of skilled nursing facilities coupled with assisted living facilities may be useful in some circumstances, there are times where facilities seem to shuffle patients around to take advantage of the less structured care standards in assisted living facilities.

In some of our cases, I’ve seen patients transferred back-and-forth from an assisted living portion of a facility to a skilled nursing section several times within a month.  In situations where there may be ongoing negligent care, it can be difficult to ascertain where the inadequate care originated.

Many assisted living facilities and other nursing home alternative facilities have done very well financially–  playing into the stigma associated with nursing homes that many people hold.  While nursing homes may receive a fair amount of bad press, they provide essential medical services for millions of patients.

The level of care offered at assisted living facilities simply is not intended to take the place of the skilled nursing care offered in nursing homes.

Capable Of Caring For Dementia PatientsUnfortunately, I’ve seen too many assisted living facilities fail to accurately inform families about the limitations in care that they offer.  In most cases, it is up to the assisted living facility to inform families about the type of care they can provide and to do an assessment of each patient’s realistic care needs.

Picture-321In times of need, locating necessary information regarding the legal rights and resources for nursing home patients can be difficult and imposing.  In this respect, we are proud to introduce a new resource for patients, families and practitioners looking for a concise compilation of information regarding nursing home laws.  Nursing Home Injury Laws, provides every states’:

  • Nursing Home Laws
  • Medical Malpractice Laws

The family of a 51-year-old woman with cerebral palsy has brought a lawsuit against the assisted living facility where she was a patient.  The lawsuit alleges that Country Crossing Assisted Living Facility (Georgia) failed to properly care for the mentally disabled woman during the course of her four year stay and intentionally hid her physical condition from her family.

Neglect Resulted In Death Of Mentally Disabled WomanThe wrongful death lawsuit alleges that the assisted living facilities neglect resulted in severe malnourishment and advanced pressure sores.   Quoting a nurse who used to work at the facility, the lawsuit further alleges that the facility failed to train new employees and keep records related to the patients medical treatment.

A Georgia jury will soon decide if the allegations of poor care are indeed true as the case is set to go to trial in the Walker County Courthouse.

Picture-262After discovering multiple health and safety problems, Florida officials have suspended the admission of new residents to Emeritus at Crossing Pointe– a Florida Assisted Living Facility.

A September inspection of Emeritus revealed:

  • An 82-year-old patient who died after staff failed to provide her heart medication for four days

The family of an assisted living resident has filed a wrongful death lawsuit against the facility. 83-year-old, Luveda Fern Kessler, fell and cut her leg as she got out of bed at her Laguna Hills assisted living apartment. Ms Kessler did as she had been told to do: Press a personal emergency response call button, according to a recent lawsuit filed by her family.

The assisted living employee waited 24 minutes before calling 911.  During the 24 minutes Ms. Kessler lay bleeding and unassisted with any staff.  By the time the paramedics arrived, Ms. Kessler lay on her stomach, non-responsive. She was later pronounced dead at a local hospital.

Wrongful Death in Assisted Living FallVilla Valencia did not report the Aug. 23, 2007, incident to the state.  The incident led to a wrongful death lawsuit filed in Orange County Superior Court last month against Villa Valencia and its owner, Sunrise Senior Living Inc.  “They let my mom bleed to death,” said Kessler’s daughter, Joanne. “I thought that was the best place for her. … Her death was completely preventable.”

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