
For elderly adults who may be dependent in some way, assisted living facilities can be a great living option. Assisted living facilities offer round-the-clock personalized care, social opportunities, and recreational activities. Many families trust that their loved ones are safe and healthy in assisted living environments.
Unfortunately, even with the best intentions accidents can still happen. If your loved one was injured or suffered in some way due to an accident, it is possible that a third party was at fault. In some cases, victims of accidents are eligible to receive financial compensation. If you are interested in learning more about your legal options during this difficult time, the New York City assisted living accident lawyer, Pintas & Mullins Law Firm, is available to help you decide the best course of action. Call today to speak with a team member and learn more about what you can do next.
How Accidents Happen
Accidents can happen for several reasons, though by nature they are not intentional. Negligence is one factor that can contribute to an accident in an assisted living facility. Negligence is defined as the failure to act in an appropriate or proper manner.
If a floor is supposed to be cleaned but a staff member responsible fails to dry the floor, this could be a form of negligence. The slippery condition is now a hazard that can lead to a serious injury. If a guard rail is loose and not properly maintained, this could also be considered a form of negligence. The Nursing Home Reform Act requires assisted living facilities to provide a high standard of care for residents to the best of their abilities. Negligence that endangers the well-being of residents is a direct violation of this federal law and could be grounds for legal action.
Negligent and abusive behavior in assisted living facilities can also extend into other situations. Failure to administer medication properly, for example, can be a serious threat to residents. The trained staff at assisted living facilities should know the proper medication, dose, and frequency prior to administration. They should also be aware of any potential side effects. If staff members do not act appropriately, the effects can be devastating.
Sometimes accidents occur while transferring a resident from a bed into a wheelchair, or in other scenarios in which a resident must be moved. This is dangerous as a fall can take place that may lead to injury.
Feeding accidents are also not uncommon. If a resident needs help eating and their food is not divided into appropriately sized bites, choking can occur.
While most accidents take place with good intentions, they are still potentially harmful for victims. If your loved one was the victim of an accident, call us today to speak with a team member at Pintas & Mullins Law Firm, the New York City assisted living accident lawyer. Another party could be liable and there may be compensation available during this difficult time.
Types of Accidents in Assisted Living Facilities
Some of the more common types of accidents in assisted living facilities include but are not limited to:
- Medication errors
- Falls
- Choking
- Injuries from abuse
If your loved one was injured due to an assisted living facility accident, figuring out who was at fault is an important step in determining potential compensation available through a legal claim. If another party could have been even partially at fault due to negligence, medical error, or abusive behavior, you could be able to take legal action.
For a free legal consultation with a New York City Assisted Living Accidents Lawyer serving New York City, call (800) 794-0444
Health Risks and Injuries from Accidents
Some accidents in assisted living facilities may be minor and require minimal medical attention. Other accidents can lead to serious injuries. In severe cases, assisted living facility accidents can be fatal. Many residents of assisted living facilities have a compromised physical or mental state, making them particularly prone to serious injury. A fall that may not harm a youthful, healthy individual could be life-threatening for an elderly adult. The common health ailments and injuries that result from assisted living facility accidents include:
- Bumps, bruises, scrapes, and cuts due to physical trauma
- Broken bones, often occurring from falls
- Malnourishment and dehydration from feeding errors
- Head injuries including concussions
- Infections
- Bedsores
The Center for Disease Control and Prevention (CDC) reported that approximately 3 million older adults seek emergency room attention for falls annually, with an estimated 800,000 requiring hospitalization. When you consider that falling is only one potential type of assisted living facility accident, it is easy to see how the elderly are sometimes in a vulnerable position. If you believe that your loved one has suffered due to an accident that could have been prevented or was caused by a third party, you have legal options.
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Potentially Recoverable Compensation
Victims of assisted living facility accidents can potentially recover several types of compensation. This could include reimbursement for medical expenses including future expenses, punitive damages awarded to prevent accidents of a similar nature, legal fees, pain and suffering, and more. Discussing your case in detail with legal professional could be beneficial in determining the best course of action for you and your loved ones in this time of need.
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Taking Legal Action
Assisted living facility accidents can leave lives in shambles. They can cause injury, financial stress, and even death. During this difficult time, it can be overwhelming to think about the confusing legal process. Pintas & Mullins Law Firm, the New York City assisted living accident lawyer, is available to answer your questions during this time of need. Call to speak with a team member today.
Call or text (800) 794-0444 or complete a Free Case Evaluation form