Making the decision to place an elderly loved one in an assisted living center can prove to be a challenging decision. Assisted living centers have many differences from nursing homes, most specifically that they do not provide as much medical assistance to elderly residents. While assisted living centers are different from nursing homes, they both share the same unfortunate statistics of elder abuse and neglect.
If your elderly loved one suffered injuries due to neglect or abuse in a nursing home, a San Francisco assisted living accident lawyer at Pintas & Mullins Law Firm can help you understand your legal rights.
Differences Between Assisted Living Centers and Nursing Homes
There are several differences between assisted living centers and nursing homes. Perhaps most importantly, nursing homes must receive approval from Medicare through specific licensing and audits in order to receive federal funding. Assisted living centers do not receive any federal funding, and receive regulations only at the state level. The U.S. Department of Health and Human Services offers a Compendium of Residential Care and Assisted Living Regulations and Policy that provides a complete reference guide for all of the state’s regulations regarding assisted living centers. However, both assisted living centers and nursing homes failed to provide proper care to two elderly residents, resulting in elder abuse and neglect.
California Assisted Living Center Regulations
The state of California has specific rules and regulations regarding assisted living facilities in the state. These regulations specify everything from the amount of food and nutrition provided (at least three meals per day and snacks), staffing and training requirements, as well as provisions specifically regarding how to handle persons suffering from dementia. These rules and regulations are an attempt by the state to ensure the proper care and supervision of all residents in assisted living centers in California. Any violation of these state regulations can result in an accident of a resident, leading to serious injury or even death. If your elderly loved one suffered injuries due to the failure of the assisted living center to follow state-mandated guidelines and regulations, a San Francisco assisted living accident lawyer at Pintas & Mullins Law Firm may be able to help you receive justice for your loved one.
For a free legal consultation with a Assisted Living Accidents Lawyer serving San Francisco, call (800) 794-0444
Examples of Accidents Resulting From Elder Neglect in Assisted Living Centers
Elderly residents of nursing homes are more prone to accidents and the development of medical conditions due to their fragility and age. However, the entire purpose of a family placing their elderly loved one into an assisted living center is so that they receive the proper care, medication, nutrition, and supervision necessary in order to prevent any preventable accidents. Some of the following accidents are a result of assisted living center negligence and the failure to properly supervise and monitor residence within an assisted living center.
Slip and Fall Injuries
Innovation Aging reports that when elderly residents of assisted living centers suffer from any kind of accident involving a slip and fall injury, these residents often succumb to an overall decline in health. In many cases, these senior residents have an overall functional decline, require hospitalization or even surgeries, and need to eventually receive placement into a more medically supervised nursing home. Even if they have no functional decline following a slip and fall injury, they may develop a strong fear of falling which leads to self-imposed isolation fear or depression.
While many elderly residents may slip and fall for unavoidable reasons, Innovation Aging reports that 30% of all falls in assisted living facilities are due to negligent care and improper supervision. All facilities that care for elderly residents have serious responsibilities to ensure that their residents receive proper assistance and monitoring to avoid any kind of slip and fall injury that may lead to the rapid decline of the health of a resident or even their death.
While negligent supervision results in slip and fall injuries, it also results in several other types of completely preventable accidents within an assisted living center. Some of the examples of accidents that occur as a direct result of negligence include elopement, dehydration, malnutrition, improper preparation and distribution of medications, failure to reposition bedridden or wheelchair-bound patients, resulting in serious infections and bedsores.
Negligence also includes failure to assist with walking, failure to assist with daily hygiene, or the failure to assist with necessary daily tasks, too. When elderly residents attempt certain activities independently that they remain too weak to accomplish on their own, serious accidents resulting in severe injury or death can possibly occur. If an elderly resident of a California assisted living center suffers injuries resulting from an accident due to negligent supervision, the assisted living center may ultimately have elder abuse or neglect charges filed against them.
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Safety Hazards in Assisted Living Centers
Another way that accidents occur in assisted living centers results from the hazardous or dangerous conditions inside of the facility. If your elderly loved one suffered any type of accident as a result of any of these conditions, you may have the right to file a claim for negligence against the facility.
- No safety alerts systems
- No smoke alerts or fire alarms
- Poor lighting
- Dangerous or hazardous conditions in hallways, including loose rugs or tiles or obstacles in the walking paths
- Chairs without armrests (elderly residents have a difficult time standing without armrests and often fall)
- No handrails in bathrooms
- Failure to provide adequate security
- Failure to clean appropriately, leading to the spread of infections or disease
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If your elderly loved one suffered an accident in an assisted living facility that you believe may involve negligence on the part of the facility, a California assisted living accident lawyer may be able to help you receive compensation and justice for your family. Contact our legal team for a free consultation and to discuss the accident.
Call or text (800) 794-0444 or complete a Free Case Evaluation form