We trust these assisted living facilities with some of the most vulnerable members of families and communities. According to the National Center for Assisted Living, there are over 32,000 assisted living communities in the United States, accounting for nearly 1.2 million beds. These communities provide a vital service for those who can no longer live on their own, often providing onsite medical care. Many also provide specialized care for those with Alzheimer’s or dementia.
Too often, however, those in assisted living facilities are the victims of abuse or neglect at the hands of the staff, owners, and operators. It’s estimated that as many as 10% of individuals aged 65 and older experience some form of elder abuse or neglect, and these numbers are even higher in assisted living facilities. Studies have also found that victims of elder abuse have a distinctly higher risk of hospitalization or death.
If you believe that your loved one has been the victim of abuse or neglect in an assisted living facility, get in touch with Buttafuoco & Associates for a free case review at 1-800-NOW-HURT. Our qualified elder abuse attorneys serving New York are here to protect their rights
Common Types of Assisted Living Abuse or Neglect
According to our New York elder abuse lawyers, abuse or neglect in an assisted living facility can take many forms, including emotional abuse, physical abuse, or even financial exploitation. Some examples include:
- Failure to respect a resident’s privacy.
- Refusal to assist with reasonable transportation or medical needs.
- Denied access to amenities provided for in their residency contract.
- Allowing unauthorized persons to enter the grounds without purpose or escort.
- Failure to address hazards in the residents’ living quarters or common areas.
With this in mind, not all adverse conduct at an assisted living facility is abuse or neglect. Often, residents are responsible for managing many of their own needs, so the facility is only liable for failure to provide services contracted in the resident’s agreement.
For example, if a resident is responsible for taking her medication and fails to do so, the facility typically will not be liable. On the other hand, if the facility was responsible for obtaining prescription refills and delivering them to the resident and failed to do so, that may be a case of abuse or neglect.
Liability for Assisted Living Abuse or Neglect
Liability for the mistreatment of residents in assisted living facilities may fall on several parties:
- Direct Care Workers: These include employees at an assisted living facility who work directly with the residents. They may be liable for direct abuse or neglect in instances of verbal, physical, sexual, or financial abuse.
- Facility Administrators: Those who own and operate assisted living facilities can be liable for allowing known abusers to work at their facility or failing to address residents’ complaints.
- Outside Vendors: Those who are contracted to provide a service, such as facility repairs, may be responsible for instances of neglect or abuse either directly or indirectly.
If you suspect the abuse or neglect of your loved one, you should start by filing a complaint with the facility administration. If the facility does not resolve the situation to your satisfaction, or grave injury has occurred, you may take your case to your local ombudsman. If your loved one is in immediate danger, the police may also need to intervene.
If your complaint goes beyond the facility administrator, or it has caused grave injury or death, it may be in your best interest to speak with an elder care attorney at Buttafuoco & Associates. Our legal team has the skills to investigate your claim and pursue the damages your loved ones deserve.
We help families seek justice for physical injury, emotional damage, sexual battery, and financial misconduct.
Call us at 1-800-NOW-HURT or fill out our contact form to schedule a free case review.