Can you sue an assisted living facility for negligence?

While assisted living facilities don’t provide the same level of complex healthcare services as skilled nursing facilities, these institutions still have an obligation to residents to provide with the promised assistance with daily tasks. When negligence in an assisted living facility causes harm to residents, their families can seek financial compensation, potentially by filing a lawsuit against the facility and its employees.

Why is there neglect in assisted living facilities?

Neglect in an assisted living facility or a nursing home usually arises out of some form of negligence or a breach of the duty of care the facility and its staff owe to residents. Many factors can contribute to neglect and negligence in assisted living facilities, including: Understaffing Lack of proper training for staff Poor hiring practices Lack of care on the part of staff members Lack of supervision Staff burnout Lack of resources, such as electronic alert systems for residents to request help Lack of safe infrastructure, including handrails in hallways and bathrooms Improper or unenforced policies for monitoring and treating residents and reporting injuries Intentional abuse or exploitation motivated by personal gain or cruelty In some instances, neglect occurs due to individual staff members who are unkind or uncaring. This job isn’t for everybody, and burnout is common among caretakers due to the demanding nature of the work. However, there’s never an excuse for neglecting or abusing the residents in the employee’s care. Often, individual staff members of the assisted living facility are doing the best they can, but institutional problems such as understaffing, poor training, lack of resources, and unsafe premises give rise to neglect despite these efforts. While you may feel for the overworked individuals trying their best to provide appropriate care, neglect is still unacceptable and puts residents at significant risk. Experienced Tallahassee assisted living facility negligence lawyers can determine the underlying causes of neglect and abuse and use the facts to establish liability for your or your loved one’s injuries.

What can residents and their families do when an assisted living facility commits neglect?

If you believe neglect or abuse is occurring in an assisted living facility where you or your loved one is a resident, you need to take swift, smart action. You should report the negligence to the facility, but you shouldn’t stop there, particularly if the incident has or could put a resident in serious danger. Don’t be afraid to report suspicions of neglect or abuse to the police. To protect your rights in the event that significant harm or injury resulted from the neglect, consult seasoned assisted living facility neglect attorneys in Tallahassee, FL, for professional guidance. It may be possible to hold the facility and its employees legally and financially accountable for the harm that resulted from neglect or abuse.

What proof do you need to sue an assisted living facility for neglect?

To have a case against the assisted living facility for neglect or abuse, you need to establish the breach of the duty of care the facility and its staff owed to you, as well as how that breach caused your injuries and damages. Assisted living facility neglect attorneys meet this requirement by presenting a variety of different types of evidence that demonstrates negligence, including: Any video footage that shows neglect or abuse occurring Photos that document unsanitary living conditions, safety hazards, and injuries Written accounts of residents, family members, visitors, vendors, and other staff members addressing observations of neglect or abuse Medical records that establish the injured residents’ health before the abuse or neglect occurred and the changes observed afterward Any logs or charts recording the care or assistance the resident received or was supposed to be receiving Assisted living facility personnel files, including any complaints and disciplinary actions The facility’s hiring policies and training procedures The regulations the facility is subject to, particularly if alleging that the facility failed to meet requirements Opinions of expert witnesses in fields like assisted living care and medicine You don’t have to obtain the evidence to support your claim on your own. An important part of the services an assisted living facility neglect lawyer will perform for you is investigating potential abuse to identify liable parties and obtain evidence against them.

Brooks, LeBoeuf, Foster, Gwartney, & Hobbs P.A./

Tallahassee Nursing Home Negligence Lawyers/

Assisted Living Facility Negligence

Tallahassee Assisted Living Facility Negligence Lawyers

Assisted Living Facility Neglect Attorneys in Tallahassee, FL Ensuring Elder Safety in Leon County, Wakulla County, Jefferson County, Gadsden County, and Throughout Florida

Nursing home abuse is a widely recognized problem, but the consequences of negligence in Assisted Living Facilities (ALFs) can be just as significant and pervasive, and yet overlooked by many. Nursing Homes and Assisted Living Facilities (in Georgia, ALFs are often called Personal Care Homes) are similar, in that elderly, vulnerable and often physically limited folks reside in both, but the similarities largely end there. The Federal laws, State laws, Rules and Regulations that apply to each are very different.At Brooks, LeBoeuf, Foster, Gwartney & Hobbs P.A., we understand the differences, and we have significant experience in handling claims of neglect in not only the ALF setting, but in the often-attached Independent Living side of many larger ALF facilities. Neglect and abuse in ALF and related facilities can lead to serious injury, loss of function, and progression of disease. When you or a loved one has suffered serious harm due to neglect in these type of facilities, you need the guidance of Tallahassee Assisted Living Facility negligence lawyers to help protect your legal rights.

Brooks, LeBoeuf, Foster, Gwartney & Hobbs P.A. is a law firm with extensive experience handling negligence cases in Assisted Living facilities, Personal Care Homes and Independent Living Facilities. We fight for justice and financial compensation for injured residents and families throughout Florida and Georgia. Attorney and firm partner Scott E. Gwartney has handled hundreds of such cases throughout Florida and Georgia, holding those who neglected ALF residents accountable for the harm they have caused. Mr. Gwartney heads up the firm’s Nursing Home, Assisted Living and Group Home Litigation department. For a free case evaluation to explore your options, contact us today.

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Assisted Living Facility Negligence Injury Claims in Tallahassee, FL

Assistance is the key component that an assisted living facility is supposed to provide. When your loved one enters and ALF facility as a resident, assessments are required to determine the level of assistance needed, and you should expect a commiserate level of assistance to meet their needs. If that level of assistance cannot be provided for whatever reason, the ALF facility is required to notify you that the level of care needed cannot be provided, and work with you toward a discharge plan to an appropriate facility that can provide the care needed. Rules and regulations guide the notice provisions when this happens, but all too often, appropriate notice is not given, or the residents with needs far beyond the ability of the ALF facility to provide are kept, placing those residents at risk of neglect and harm.

Specifically, you might be counting on the assisted living facility and its employees to:

Provide meals
Administer medications
Assist residents with cleaning, laundry, shopping, and chores
Assist residents with their activities of daily living (ADLs), such as bathing and dressing
Provide safe transportation
Coordinate social events and activities

All of these obligations help facilitate the provision of the highest level of independent living that is reasonably possible, given the needs and abilities of the residents. However, the failure to provide these and other promised services, whether due to staffing shortages, improper assessments or otherwise, can have significant negative consequences on a resident’s well-being.

Types of Neglect and Abuse in Assisted Living Facilities

Elder abuse and neglect in Assisted Living Facilities occur in many different forms, each with the potential to cause serious harm. Our assisted living facility neglect attorneys in Tallahassee, FL, can help your family hold a facility accountable and seek compensation in cases involving all types of negligence, both in Florida and Georgia, including:

Neglect, in all forms
Physical abuse
Sexual abuse
Resident-on-resident assault/abuse
Emotional abuse
Financial abuse and exploitation

Our assisted living facility neglect attorneys in Tallahassee, FL, can assist clients with claims arising out of the many types of inappropriate treatment that can constitute negligence or neglect, including:

Improper supervision or monitoring of patients
Prescription and medication errors, such as failing to administer the resident’s medication or giving the wrong drug or dosage
Dehydration and malnutrition resulting from a failure to provide food or water
Infections and other complications arising out of unsanitary living conditions
Falls and other injuries resulting from unsafe premises, inadequate supervision and assistance, or failing to properly assess a resident
Failures to timely report and address injuries and illnesses
Intentional acts of violence, abuse, exploitation, or mistreatment

Residents’ vulnerability to elder abuse and neglect in assisted living facilities makes it essential to take these concerns seriously.

How Brooks, LeBoeuf, Foster, Gwartney, & Hobbs P.A. Can Help

Establishing the liability of a Florida or Georgia Assisted Living Facility for negligence requires evidence, knowledge of the applicable state laws and regulations, and strong investigative skills. Brooks, LeBoeuf, Foster, Gwartney & Hobbs P.A.’s Tallahassee assisted living facility negligence lawyers are familiar with the issues, and up to the challenge.

When you entrust your Georgia or Florida Assisted Living Facility negligence attorneys with your case, you can count on us to provide a full range of legal services, including:

Initial case evaluation
Investigation of suspected neglect or abuse
Gathering of evidence to support your claim
Identification of all potential defendants and arguments for liability
Representation in all legal proceedings, insurance company interactions, and settlement negotiations
Management of all deadlines, documents, and procedural requirements
Resolution of the claim through a negotiated settlement agreement or a trial award

Through every stage and step of the claims process and every challenge or question that arises, our team of Tallahassee assisted living facility negligence lawyers is here to help you.

Why Choose Brooks, LeBoeuf, Foster, Gwartney, & Hobbs P.A.?

Injured residents and their families across Florida and Georgia turn to our Tallahassee Assisted Living Facility negligence lawyers for the legal representation they need to hold ALF facilities accountable. Clients trust our experience, results, and commitment to providing legal assistance every injured victim can afford. Attorney and firm partner Scott E. Gwartney heads up the firm’s Assisted Living Litigation department, and he has handled hundreds of ALF cases throughout Florida and Georgia, holding those who neglected their residents accountable for the harm they have caused.

A Century of Combined Experience

In our firm’s more than 35 years of legal practice, we have handled more than 10,000 cases, consistently putting our clients’ needs first. As dedicated authorities in the Florida and Georgia legal realm, we have over 100 years of combined experience to draw from as we strategically build your claim for a successful resolution.

Proven Results Holding Assisted Living Facilities Accountable

There’s too much at stake to trust your claim to anyone but experienced Tallahassee Assisted Living Facility negligence lawyers with a history of getting results. Our team has a track record of successful cases, including a $2.2 million settlement against an assisted living facility for neglect, and multiple claims that have settled for $1 million or more in recent years.

Legal Representation on a Contingency Basis

We know how much affordability of legal help matters, especially when you’re facing medical bills and potentially other unexpected expenses. Brooks, LeBoeuf, Foster, Gwartney & Hobbs P.A. is committed to serving injured assisted living residents without adding to their family’s financial burden. We provide a free initial consultation and case review. Our team represents clients in all personal injury matters on a contingency basis, so there are no upfront fees for pursuing a claim for compensation. We only get paid if we succeed in resolving your claims.

Contact the Tallahassee Assisted Living Facility Negligence Lawyers Today at Brooks, LeBoeuf, Foster, Gwartney, & Hobbs P.A. for a Free Case Review

Don’t give the Assisted Living Facility another chance or wait to see if the situation gets better. Neglect and abuse can become progressively worse, leading to even more severe harm. Finding out your legal rights and options during a free consultation is easy and risk-free.

For help from assisted living facility neglect attorneys in Tallahassee, FL, contact Brooks, LeBoeuf, Foster, Gwartney, & Hobbs P.A. online or call 850-605-3555 today.

Frequently Asked Questions About Assisted Living Facility Negligence Claims in Tallahassee and Throughout Florida

While assisted living facilities don’t provide the same level of complex healthcare services as skilled nursing facilities, these institutions still have an obligation to residents to provide with the promised assistance with daily tasks. When negligence in an assisted living facility causes harm to residents, their families can seek financial compensation, potentially by filing a lawsuit against the facility and its employees.
Neglect in an assisted living facility or a nursing home usually arises out of some form of negligence or a breach of the duty of care the facility and its staff owe to residents.
Many factors can contribute to neglect and negligence in assisted living facilities, including:
Understaffing
Lack of proper training for staff
Poor hiring practices
Lack of care on the part of staff members
Lack of supervision
Staff burnout
Lack of resources, such as electronic alert systems for residents to request help
Lack of safe infrastructure, including handrails in hallways and bathrooms
Improper or unenforced policies for monitoring and treating residents and reporting injuries
Intentional abuse or exploitation motivated by personal gain or cruelty
In some instances, neglect occurs due to individual staff members who are unkind or uncaring. This job isn’t for everybody, and burnout is common among caretakers due to the demanding nature of the work. However, there’s never an excuse for neglecting or abusing the residents in the employee’s care.
Often, individual staff members of the assisted living facility are doing the best they can, but institutional problems such as understaffing, poor training, lack of resources, and unsafe premises give rise to neglect despite these efforts. While you may feel for the overworked individuals trying their best to provide appropriate care, neglect is still unacceptable and puts residents at significant risk.
Experienced Tallahassee assisted living facility negligence lawyers can determine the underlying causes of neglect and abuse and use the facts to establish liability for your or your loved one’s injuries.
If you believe neglect or abuse is occurring in an assisted living facility where you or your loved one is a resident, you need to take swift, smart action. You should report the negligence to the facility, but you shouldn’t stop there, particularly if the incident has or could put a resident in serious danger. Don’t be afraid to report suspicions of neglect or abuse to the police.
To protect your rights in the event that significant harm or injury resulted from the neglect, consult seasoned assisted living facility neglect attorneys in Tallahassee, FL, for professional guidance. It may be possible to hold the facility and its employees legally and financially accountable for the harm that resulted from neglect or abuse.
To have a case against the assisted living facility for neglect or abuse, you need to establish the breach of the duty of care the facility and its staff owed to you, as well as how that breach caused your injuries and damages. Assisted living facility neglect attorneys meet this requirement by presenting a variety of different types of evidence that demonstrates negligence, including:
Any video footage that shows neglect or abuse occurring
Photos that document unsanitary living conditions, safety hazards, and injuries
Written accounts of residents, family members, visitors, vendors, and other staff members addressing observations of neglect or abuse
Medical records that establish the injured residents’ health before the abuse or neglect occurred and the changes observed afterward
Any logs or charts recording the care or assistance the resident received or was supposed to be receiving
Assisted living facility personnel files, including any complaints and disciplinary actions
The facility’s hiring policies and training procedures
The regulations the facility is subject to, particularly if alleging that the facility failed to meet requirements
Opinions of expert witnesses in fields like assisted living care and medicine
You don’t have to obtain the evidence to support your claim on your own. An important part of the services an assisted living facility neglect lawyer will perform for you is investigating potential abuse to identify liable parties and obtain evidence against them.

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