Assisted living facilities are meant to provide care and support to elderly individuals who need assistance with daily activities but may not require full-time medical care. Unfortunately, instances of abuse and negligence do occur in these settings, often leading to serious injuries or even death. As experienced assisted living abuse attorneys, we have seen how these facilities can fail to meet the standard of care required to protect residents.

In this post, we’ll dive into the common causes of abuse and neglect in assisted living facilities, the legal recourse available if your loved one has been affected, and how an assisted living facility attorney can assist in holding these facilities accountable for their actions.

If you or a family member has experienced harm as a result of negligence or mistreatment in an assisted living or nursing home, reach out to the team at Shapiro, Washburn & Sharp. We operate on a contingency-fee basis, meaning you won’t owe any legal fees unless we secure compensation for you. Call us today at 833-997-1774 for a free consultation and to explore your options.

What Are Assisted Living Facilities and How Do They Differ from Nursing Homes?

Assisted living facilities are designed for individuals who need help with daily living activities, such as bathing, dressing, and medication management, but do not require the level of medical care provided in nursing homes. While both types of facilities provide care for elderly individuals, assisted living facilities focus more on providing support with daily tasks rather than intensive medical care.

Despite these differences, both nursing homes and assisted living facilities are required to meet certain standards of care. If they fail to provide adequate care and attention to residents, leading to injury or harm, they can be held accountable for their negligence.

What Is the Standard of Care for Assisted Living Facilities?

Assisted living facilities have their own standard of care, meaning they are required to provide a certain level of attention and care to residents. This includes ensuring that residents receive proper medication, are monitored for health concerns, and are given appropriate support in their day-to-day lives.

If an assisted living facility or its staff fails to meet this standard of care and causes injury to a resident, the facility may be held liable for negligence. An assisted living abuse lawyer can help determine whether the facility failed in its duty of care and guide you through the legal process of filing a claim.

How Does Negligence Occur in Assisted Living Facilities?

Negligence in assisted living facilities often occurs during the admissions process or through a failure to monitor and manage medications properly. Some of the most common forms of negligence include:

  • Medication Errors: One of the most critical responsibilities of an assisted living facility is ensuring that residents receive the correct medications in the right dosages. Unfortunately, medication errors are common in these settings. Failing to document or monitor medications can lead to overmedication, undermedication, or completely missing doses, which can result in serious health issues or even death.
  • Failure to Monitor Health: Assisted living facility staff are responsible for monitoring residents’ health and alerting medical professionals if any issues arise. Negligence can occur when staff fail to notice or act upon signs of health problems, leading to preventable injuries or worsening conditions.
  • Lack of Adequate Supervision: Residents in assisted living facilities often need assistance with tasks like walking or getting in and out of bed. If staff fail to provide the necessary supervision or support, it can lead to falls and other injuries.
  • Poor Staff Training: Assisted living facilities have an obligation to ensure their staff is properly trained to handle the needs of residents. If staff members are inadequately trained or inexperienced, they may make mistakes that put residents at risk.

What Are the Signs of Assisted Living or Nursing Home Abuse and Neglect?

Recognizing the signs of abuse or neglect in an assisted living facility or nursing home is crucial to protecting your loved one. Some common indicators that abuse or neglect may be occurring include:

  • Unexplained injuries, such as bruises, cuts, or broken bones
  • Sudden changes in mood or behavior, including anxiety or depression
  • Poor hygiene or unsanitary living conditions
  • Bedsores or other signs of neglect
  • Rapid weight loss or malnutrition
  • Unexplained changes in medication or dosages
  • Lack of communication from staff regarding your loved one’s health

If you notice any of these signs, taking action quickly is critical. As assisted living abuse attorneys with decades of experience, we can help investigate the situation and determine whether your loved one’s rights have been violated.

What Legal Options Are Available for Victims of Assisted Living Abuse?

If your loved one has been harmed due to abuse or negligence in an assisted living facility or nursing home, you may have the option to file a legal claim for compensation. A nursing home abuse lawyer can help you navigate the legal process and seek compensation for medical expenses, pain and suffering, and other damages.

The process of filing a claim typically involves:

  • Gathering Evidence: Your attorney will investigate the circumstances surrounding the abuse or neglect, including reviewing medical records, speaking with witnesses, and obtaining documentation from the facility.
  • Filing the Claim: Once the evidence has been gathered, your assisted living facility lawyer will file a claim on your behalf, outlining the facility’s negligence and the harm caused to your loved one.
  • Negotiating a Settlement: Many assisted living abuse cases are resolved through settlements, where the facility agrees to compensate the victim for the harm they caused. Your attorney will negotiate on your behalf to secure the best possible outcome.
  • Taking the Case to Trial: If a full and fair settlement cannot be reached, our nursing home abuse attorneys will be prepared to take the case to trial to fight for justice and compensation.

Why Should You Hire an Assisted Living Abuse Lawyer?

Hiring an experienced assisted living abuse lawyer is essential to ensuring that your loved one’s rights are protected and that they receive the compensation they deserve. At Shapiro, Washburn & Sharp, our team of skilled attorneys has decades of experience handling cases involving abuse and neglect in assisted living facilities and nursing homes.

Here’s how we can help:

  • Investigating the Claim: We’ll thoroughly investigate the details of your case, including the facility’s admission process, medication management, and staff behavior.
  • Building a Strong Case: Our team will gather all necessary evidence, including medical records, witness statements, and facility documentation, to build a compelling case on your behalf.
  • Advocating for Your Loved One: We’ll tenaciously fight in seeking to hold the responsible parties accountable for the harm they caused and seek maximum compensation for medical expenses, pain and suffering, and other damages.

Contact an Assisted Living Abuse Lawyer Today for a Free Consultation

If you or a loved one has been injured due to negligence or abuse in an assisted living facility or nursing home, don’t wait to take action. The assisted living abuse attorneys at Shapiro, Washburn & Sharp are here to help you seek justice and hold negligent facilities accountable.

We represent clients on a contingency-fee basis, so you won’t pay any legal fees unless we win your case. We also advance litigation expenses while a case is ongoing, so you do not have to worry about coming out of pocket for legal costs (which are typically fully covered by a settlement or jury award). Contact us today at 833-997-1774 to schedule a free consultation with an experienced assisted living facility lawyer and learn more about your legal options.