Assisted living can be an excellent choice for seniors who need assistance but do not require around the clock nursing care and still want to retain some independence. However, an assisted living facility and caregivers are still responsible for providing a safe environment and assisting residents with their needs, such as meals and medical care.
If your loved one suffered injuries or died due to a preventable accident in their assisted living facility, an Austin assisted living accident lawyer might be able to help you. You could potentially sue and recover a financial award.
Call Pintas & Mullins Law Firm now for a free case evaluation with one of our team members at (800) 842-6336.
Types of Accidents in Assisted Living
When you decide to move your relative to an assisted living facility, you want them to be safe, have assistance when they need it, and be well looked after. Assisted living facilities in Austin are regulated by federal as well as Texas laws and regulations. This means that you can generally seek legal recourse when a facility violates laws or fails to ensure a good standard of care.
While accidents can happen anywhere, if they happen in an assisted living facility due to a caregiver’s inattention or any hazards, you may have a case against the facility.
Slip and Falls
Seniors are particularly susceptible to slip and fall accidents, with one in four older adults having suffered a fall. According to the Centers for Disease Control and Prevention (CDC), falls are the number one cause for injuries and fatalities in older Americans, resulting in 3 million emergency room visits and 800,000 hospitalizations annually. Falls in assisted living facilities are largely preventable with some simple actions such as:
- Making sure floors are clear of objects and tripping hazards
- Placing warning signs near wet floors
- Fixing broken lighting in a timely manner
- Repairing hazardous conditions such as cracked flooring
- Cleaning up spillages and debris on floors promptly
- Providing residents with assistance if needed
- Installing handrails in bathrooms and non-slip mats in showers
Unfortunately, falls can cause debilitating injuries that, in the worst cases, may lead to premature death. Injuries in slips and falls can include:
- Broken hips
- Head and brain injuries
- Spinal cord injuries
- Fractures
- Dislocations
- Cuts and bruises
Falls cause more than 95% of hip fractures in the elderly, according to the CDC. A hip fracture is a serious injury that can require surgery and a prolonged hospital stay. Some elderly patients may never recover full range of motion after a bad fall, remaining permanently immobilized.
If your loved one suffered the tragic consequences of an avoidable fall in their assisted living facility, a lawyer could help you hold the facility liable.
For a free legal consultation with a Assisted Living Accidents Lawyer serving Austin, call (800) 842-6336
Medication Errors
Medication errors can have tragic consequences for a senior in an assisted living facility. Not only is there the risk that their condition goes untreated with a medication mix up, but they could also suffer from serious side effects from a medication intended for another resident. If a staff member makes a gross error in dosage, a senior can end up in the emergency room fighting for their life.
Assisted living facility staff has the responsibility to provide correct medicines and dosage to residents.
Mistakes happen when there are not enough qualified caregivers at the facility or staff members are under pressure. If your loved one suffered serious injuries due to a medication error, you may have legal recourse and potentially recover damages.
Austin Assisted Living Accidents Lawyer Near Me (800) 842-6336
General Negligence
According to the Electronic Code of Federal Regulations (eCFR) §483.12, it is an assisted living facility’s responsibility to ensure adequate nutrition and hydration of residents and help them with their daily hygiene needs if required.
Assisted living facility residents typically require a certain amount of supervision and assistance. If an accident happens due to the general negligence of the staff and your loved one suffered injuries and damages as a result, you could potentially sue the assisted living facility.
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Transportation Accidents
Residents in an assisted living facility may have various needs that call for transportation to and from the assisted living facility. This can include specialist doctor’s visits, physical therapy, or social outings of residents. If an accident happens due to a driver’s mistake or facility staff not following safety protocols, you could have a claim. Sometimes, a third-party transportation company could also be liable for a transportation accident.
While slip and falls are perhaps the biggest danger to assisted living residents’ health, there can potentially be many other reasons for preventable accidents. If your loved one got hurt or passed away due to an accident in their assisted living facility, an Austin assisted living accident lawyer can help you find out whether you have a claim.
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Hiring an Assisted Living Accident Lawyer
Standing up to an assisted living facility on your own is not only potentially intimidating, but it can also be a huge headache. Without the help of a lawyer who knows the rules and regulations of assisted living facilities, you may face an uphill struggle.
In a personal injury or wrongful death case, the onus will be on you, the plaintiff, to establish the assisted living facility’s negligence and provide compelling evidence proving your claim.
However, you do not need to struggle through this on your own. Your assisted living accident lawyer can assemble the necessary evidence and thoroughly investigate the affairs of an assisted living facility. Your lawyer may be able to uncover the reasons for your loved one’s accident by:
- Requesting a facility’s records
- Interviewing witnesses
- Investigating the accident scene thoroughly
- Hiring expert witnesses
In some cases, the facility’s insurance company may approach you for a settlement. When this happens, make sure you discuss any settlement with your lawyer first. Better still, let your lawyer communicate and negotiate with the relevant insurance adjusters.
Remember that the insurance company will have their best interests at heart and not yours, and they may try to push you into a settlement that subsequently proves inadequate. Your Austin assisted living accident lawyer can protect your rights and fight for an adequate settlement.
Timely action is important as time limits may apply for personal injury and wrongful death lawsuits in Texas. Contact Pintas & Mullins Law Firm today for help with your case at (800) 842-6336.
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