For families struggling to provide the round-the-clock care their loved one needs, assisted living facilities offer a safe, compassionate, and medically sound solution. In most instances, residents enjoy comfortable living quarters, opportunities for socialization, and peace of mind that comes from knowing they’re receiving proper care. Unfortunately, this is not always the reality.
Cases of neglect and abuse in assisted living facilities are on the rise. Your loved one’s assisted living facility has a legal responsibility for ensuring a safe and supportive living environment for each resident.
If you believe your loved one has suffered an injury because of neglect or abuse, a Fort Worth assisted living accident lawyer can review your case, explain your legal options, and act as your advocate as you seek the financial compensation you deserve. Call (800) 842-6336 today to schedule a free consultation with a team member at Pintas & Mullins Law Firm. We don’t collect a fee unless you recover an award.
Common Types of Assisted Living Accidents
Unintentional by nature, assisted living accidents happen for various reasons. Between the residents’ weakened physical states and the amount of patient care required, injuries and illnesses are often unavoidable.
Still, accidents happen, and while some are unavoidable, many result from negligence or abuse. Negligence is the failure to act appropriately or reasonably based on the circumstances.
Among the most common causes of accidents in assisted living facilities include:
- Slips and falls: According to the Centers for Disease Control and Prevention (CDC), Texas leads the nation in the percentage of older adults who fell (33.9 percent). The most common cause of injuries suffered by assisted living residents, slips and falls can result in cuts and lacerations, bone fractures, severe head injuries, and even death. If the resulting injury is minor, emotional distress is still a common concern. Fear of falling again often leaves victims scared to engage in the same activities as before the fall.
- Patient transport: While most residents receive much of their medical care onsite, residents occasionally require transportation to and from appointments. Assisted living facilities will either provide a driver or hire a third party to transport patients. If drivers do not receive proper vetting and cause an accident while transporting a resident, you could hold the facility, the driver, and the driver’s employer (if a third party) legally responsible for any resulting injuries.
- Staff negligence: This category refers to the failure of an assisted living facility’s staff to provide a reasonable level of care to each resident. Assisted living staff assist residents with mobility, daily living tasks, administering medication, and personal hygiene. If staff members neglect these responsibilities, either intentionally or unintentionally, you could hold them liable for any resulting injuries or fatalities.
If you believe your loved one’s injuries resulted from abuse or neglect, a Fort Worth assisted living accident lawyer can assess the details of your case, consult with your loved one’s providers, and explain your legal rights to you. Should you choose to seek the compensation you may be entitled to receive, Pintas & Mullins Law Firm can act as your advocate and fight for justice for your family. Call us today to get started.
Legal Protections for Assisted Living Accident Victims
If your loved one has suffered from abuse or neglect, you and your family enjoy the protection of federal and state statutes. The Nursing Home Reform Act legally requires assisted living facilities to provide “services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident” and facilitate the “maintenance or enhancement of the quality of life for each resident.” Failure to do so is in direct violation of federal and state law.
Assisted living facilities must also adhere to the Residents Bill of Rights outlined by the Texas Department of Aging and Disability Services. This bill of rights grants residents the right to compassionate care, comprehensive understanding of all medical procedures, and competent round-the-clock care by adequately trained providers.
For a free legal consultation with a Fort Worth Assisted Living Accidents Lawyer serving Fort Worth, call (800) 794-0444
Possible Compensation for Your Loved One’s Injuries
If an assisted living accident caused by abuse or neglect has resulted in mild, moderate, or severe injuries in your loved one; you have legal rights and could recover compensation that covers:
- Pain and suffering: Includes any suffering directly attributed to the incident that caused an injury. Their trauma manifests itself as depression, anxiety, post-traumatic stress disorder (PTSD), and paranoia.
- Medical expenses: Includes past, present, and projected future bills resulting from neglect, abuse, and injury. These expenses can include appointments with general care providers, emergency room visits, consultations with specialists, rehabilitation services, mental health therapy, and more.
- Loss of income: Including any income lost because of intervening on your loved one’s behalf, assisting with recovery, and managing the aftermath of neglect and abuse.
- Burial and funeral expenses: In instances where injuries have proved fatal, you could have the assisted living facility cover the cost of a proper burial and pay damages for the loss of your family member’s companionship.
Fort Worth Fort Worth Assisted Living Accidents Lawyer Near Me (800) 794-0444
Contact a Fort Worth Assisted Living Accident Lawyer Today
If you believe your loved one has suffered injuries because of neglect or abuse, you have legal rights that you must pursue within the two-year statute of limitations for personal injury cases set by Texas Civil Practice and Remedies Code §16.003.
The legal team at Pintas & Mullins Law Firm dedicates itself to fighting for justice for you and your family. Call (800) 842-6336 today to speak with a team member about how a Fort Worth assisted living accident lawyer can help you seek the compensation you deserve.