Nursing Home Neglect Lawyer

Living in an assisted living facility is often a decision made with the hope of providing a loved one with the appropriate level of care, support, and community. These facilities are designed to offer a balance between independent living and the medical assistance that may be needed as individuals age. However, sometimes residents are placed in facilities that do not adequately meet their care needs. When an assisted living facility fails to provide the appropriate level of care due to improper placement, serious injuries and health complications can occur, potentially leading to a lawsuit.

Improper Placement in Assisted Living Facilities

Improper placement occurs when a resident is admitted to an assisted living facility that is not equipped to handle their specific medical or personal care needs. This can happen for several reasons:

• Inadequate Assessment: The facility may not conduct a thorough assessment of the resident’s health and care requirements before admission, leading to an inappropriate placement.
• Understaffing or Lack of Training: Some facilities may not have enough trained staff to meet the needs of residents with complex medical conditions, leading to neglect or inadequate care.
• Pressure to Fill Beds: Facilities may admit residents to fill occupancy quotas, even if they do not have the resources or capabilities to provide the necessary level of care.
• Progression of Health Conditions: A resident’s health condition may deteriorate over time, requiring a higher level of care than the assisted living facility can provide, but the facility fails to transfer the resident to a more appropriate setting.

How a Lawsuit Can Arise from Improper Placement

When an assisted living facility improperly places a resident and fails to provide the necessary care, it can lead to severe consequences, including physical injuries, worsening of medical conditions, emotional distress, or even death. In such cases, the facility may be held liable for negligence, and a lawsuit can arise based on several grounds:

• Negligent Admission Practices: If a facility fails to properly assess a resident’s needs before admission, resulting in an improper placement and subsequent harm, the facility may be liable for negligent admission practices.
• Failure to Provide Adequate Care: A lawsuit may be filed if the facility does not provide the appropriate care level for a resident’s needs, leading to injury or harm. This includes failing to monitor residents, not providing necessary medical care, or neglecting to address changes in a resident’s condition.
• Breach of Contract: If the facility fails to deliver the level of care promised in the admission agreement or care plan, this may constitute a breach of contract, giving grounds for a lawsuit.
• Violations of State Regulations: Assisted living facilities are regulated by state laws that set standards for resident care. If a facility violates these regulations, resulting in harm to a resident, it may face legal action.

A lawsuit can help hold the facility accountable for its negligence, secure compensation for the resident and their family, and bring about necessary changes to prevent future harm to others. If you believe your loved one has been improperly placed in an assisted living facility and suffered as a result, consulting with an experienced attorney can help you understand your legal options and protect your loved one’s rights.