Currently there are more than thirty-six million people over the age of sixty-five in the United States. With the aging of the Baby Boomer generation the number of people in their Golden Years is expected to swell to more than eighty-five million by the year 2050.
Although we all aspire to live independently until the day that we die, that is not statistically likely. The majority of us will reside in an assisted living facility or nursing home at some point in our lives.
The decision to place a spouse, parent or grandparent in a residential care setting can be gut-wrenching. Most people do everything they can to keep family members at home until they are persuaded that their loved one will be safer and happier living in a facility that caters to their special needs.
Civil Action: Abuse, Neglect and Negligence
Assisted living facilities and skilled nursing facilities purport to have expertise caring for the elderly, sick, and disabled and represent that they are staffed with professionals we can trust. Sadly, that is not always the case.
An assisted living facility or nursing home can be held liable for money damages if it provides negligent care. For example, the facility may be accountable to a resident or surviving family members if:
- A resident is attacked and injured by another resident
- A resident leaves the facility unattended (elopes) and is injured or dies
- The facility fails to provide the services it is supposed to provide (e.g. personal care, medication management etc.)
- The resident is given the wrong medication or the wrong dose of medication by a medical technician or staff nurse and is injured or dies
- The environment is unsafe and this causes the injury or death of a resident
- The facility accepts residents that exceed the scope of its licensure (e.g. patients who are too medically needy or pose too high a risk of danger to others).
Long term care facilities like nursing homes and assisted living facilities can also be liable for money damages if residents are neglected or abused.
Shocking data from the National Center on Elder Abuse in the United States indicate that some form of abuse occurs in thirty percent of nursing homes. Some of the factors that contribute to the abuse or neglect of residents include: poorly qualified staff, inadequately trained staff, inadequate staffing for patient acuity, and high staff turnover rates.
Warning signs of physical abuse include:
- Frequent injuries such as bruises, cuts, black eyes or burns
- Bed sores
- Frequent complaints of pain without obvious injury
- Passive, withdrawn, or emotionless behavior
- Medication overdose
- Head injury
Warning signs of neglect include:
- Dehydration or malnourishment
- Pour hygiene
- Soiled bedding
- Extreme weight loss
If you or a loved one has been injured by the negligence, neglect or abuse of an assisted living facility or nursing home, contact the experienced attorneys at Bode & Collins, P.L.C. today to discuss your potential claims. We are here to help.
Personalized Service – Proven Results
At Bode & Collins, P.L.C., we treat our clients the way we would want to be treated and tailor our service to the individual legal and personal needs of the client.
When you retain us to fight for your rights you get Chris Bode and Natalie Collins, not a junior lawyer just learning the ropes. Combined, we have more than forty years of litigation experience. Our attorneys have represented defendants and plaintiffs in long term care cases and can use this experience to achieve the best possible result in your case.
Bode & Collins, P.L.C. serves all of Arizona including Scottsdale, North Scottsdale, Phoenix, Glendale, Tempe, Mesa, Avondale, Cave Creek, Prescott, Flagstaff, Bullhead City, Kingman, and Tucson. Although our offices are based in Scottsdale, we litigate in all counties including Maricopa County, Pima County, Pinal County, and Yavapai County.
If you think you may have a claim against an assisted living facility or nursing home, call us today at 480.355.5020 for a confidential, free consultation with one of our attorneys. If we take your case we will front all costs and you will not owe any attorneys’ fees unless there is a settlement or verdict in your favor.