Assisted living facilities are often the choice of families looking to place their elderly loved one in a comfortable setting that still provides supervision and daily care. While nursing homes must receive Medicare approval along with audits and licensing, no similar federal procedures exist for assisted living facilities. This is because assisted living facilities remain regulated at the state level only, and each individual state will make determinations regarding the standards required of these types of elderly care facilities. While the United States Department of Health and Human Services offers a Compendium of Residential Care and Assisted Living Regulations and Policy that provides a comparison of all assisted living regulations in all states, it is also important for a family to perform due diligence on the different assisted living facilities in consideration for their aging senior family member. Unfortunately, in many cases, assisted living facilities fail to provide the care and supervision needed by elderly residents, resulting in serious injuries or even premature death. If your elderly loved one suffered any kind of neglect or direct abuse as a resident in an assisted living facility, consider how a Tucson assisted living specialist at Pintas & Mullins Law Firm may help you understand your legal rights. Please call us for a free consultation.
Arizona Assisted Living Facility Regulations
The Arizona Department of Health Services provides a way to research all assisted living facilities in the state of Arizona. This is a useful tool if you are considering placing your elderly loved one in a residential care facility such as an assisted living facility. This may also prove useful if you discover that there are any issues regarding inspections in the assisted living facility or any legal actions taken against a facility. Any violations of state regulations or rules are always a substantial red flag, however, taking the investigation deeper will help you make a good determination regarding which assisted living facility is best for your loved one.
Elder Neglect in Assisted Living Facilities
When an assisted living facility fails to appropriately monitor and supervise the residents, catastrophic accidents and injuries may occur. Families place their elderly loved ones in assisted living facilities for them to receive appropriate care and supervision. If an assisted living facility remains negligent in monitoring its residents, the following different types of accidents and injuries may occur.
Infections and Diseases
Seniors often have a weaker immune system and remain inherently prone to develop more infections or diseases and have less ability to fight these infections and diseases when they occur. If an assisted living facility fails to continually sanitize the facility, the elderly residents may develop gastrointestinal infections, upper respiratory infections, urinary tract infections, or skin and soft tissue infections. While assisted living facilities do not provide the same level of medical care that nursing homes provide, they do still deal with elderly residents that have a greater risk of developing serious infections due to compromised and weakened immune systems. Assisted living facilities have a duty of care to ensure that their residents live in a clean, healthy, and hygienic environment to prevent the spread of infections and diseases.
Slip and Fall Injuries
According to research published in the National Institutes of Health, injures of elderly residents in assisted living facilities remain common and often result in hospitalization, functional decline, the requirement to place the senior in a nursing home, and even premature death. When elderly residents of a nursing home fall, they often develop a fear of falling again leading to social isolation, anxiety, fear, and depression. While common, the research reported in the National Institutes of Health indicates that up to 30% of all falls in assisted living facilities remain completely preventable through supervision and appropriate care. While elderly residents certainly have more of a risk of falling due to loss of muscle strength, flexibility, and stability, proper supervision can prevent many slip and fall accidents that lead to catastrophic injuries or even premature death. If your elderly loved one slipped and fell in an assisted living facility due to negligent supervision of the staff, learn how a Tucson assisted living accident lawyer at Pintas & Mullins Law Firm could help you build a case on behalf of your elderly loved one.
Negligent supervision of elderly residents can lead not only to slip and fall accidents but many other accidents and incidents which result in serious injuries or even death. These types of accidents include the following:
- Leaving the assisted living facility unsupervised
- Failure to receive adequate hydration or nutrition, resulting in dehydration or malnutrition
- Failure to provide accurate medication at the appropriate times
- Failure to assist with daily activities such as assistance with walking, or assistance with necessary tasks
If an assisted living facility fails to adequately supervise their elderly residents, it may rise to the level of an elder neglect or abuse claim.
Assisted living facilities are different than nursing homes, in that the residents typically are much more independent and need less medical care. Therefore, many assisted living facilities simply do not have nurses or physicians on staff, and residents must travel for any medical procedures, doctor visits, or even physical therapy. In other cases, the assisted living facility may provide residents with the opportunity for recreational activities and outings off-site. In all these cases, residents must receive a form of transportation to get to their destination. When an assisted living facility negligently hires a third-party transportation company with a poor driving record or history of complaints, or when the assisted living facility driver operates a facility bus negligently leading to an accident, residents may have the right to file a claim against the assisted living facility for negligence.
For a free legal consultation with a Assisted Living Accidents Lawyer serving Tucson, call (800) 794-0444
Consider How a Tucson Assisted Living Accident Lawyer Can Help You
If you believe your elderly loved one in an assisted living facility suffered injuries or even death due to any form of direct abuse or negligence, consider how a Tucson assisted living accident lawyer can help you receive compensation and justice on behalf of your elderly loved one. Contact our legal team for a free consultation to help you understand your legal rights.