Nursing Home Abuse Lawyer Virginia Beach

Eleanor had always been an independent woman, but as she got older, she realized she could no longer manage everything on her own. She and her family decided that an assisted living facility would be her best option—though she could get the care she needed there, she could retain much of her independence.

The facility assured Eleanor and her family that Eleanor would be sure to get her medications on time and receive whatever help she needed with her daily activities. However, only three months after she moved in, Eleanor suffered from a medication overdose. The facility delayed her medical care, leading to more complications.

This led Eleanor’s family to ask, who was responsible? With Eleanor’s mounting medical bills, they wondered if they could make a claim for compensation.

Most assisted living facilities live up to their standards of care, but some don’t, and when that happens, it’s important to hold them accountable for their actions. Our Virginia Beach nursing home abuse attorneys can help families like these understand their rights. At Shapiro, Washburn, & Sharp, we frequently advocate for residents and their families in nursing homes and assisted living neglect and abuse cases. Call us today at 833-997-1774 for a free consultation.

What Is An Assisted Living Facility?

Assisted living facilities and nursing homes are two different types of facilities. Though both offer senior care, nursing homes provide 24/7 medical care and supervision, whereas assisted living facilities offer a more independent environment with optional assistance in daily activities like medication management and meal preparation.

Because of this difference, assisted living facilities are held to different standards of care than nursing homes. Their responsibilities lie primarily in providing a safe, supportive environment for their residents, administering medications, storing them securely, and educating residents on the importance of regularly taking their medications on schedule.

What Are the Standards of Care in Assisted Living Facilities?

Assisted living facilities do not provide the level of medical care that nursing homes do, but they are still legally required to uphold certain standards to ensure the safety and well-being of their residents. These include:

  • Providing a clean, safe, and sanitary living environment.
  • Assisting residents with daily activities like meal preparation, mobility, and hygiene.
  • Properly managing and administering medications.
  • Ensuring adequate nutrition and hydration.
  • Preventing falls and other preventable injuries.
  • Employing trained and competent staff to assist residents.

If a facility doesn’t meet these standards and a resident is injured, the facility may be liable for negligence.

What Should Assisted Living Facilities Do Regarding Medications?

Medication management is one of the most critical aspects of care in an assisted living facility. When a resident is admitted, staff members must carefully document all that person’s prescribed medications so they have an accurate record of them. They must also ensure the resident receives the correct doses of their medications at the right times.

If they make a mistake with medications, that can lead to serious consequences.

Overmedication

The resident may receive too high a dose of the medication, leading to dangerous side effects or even death.

Undermedication

The resident may not get enough medication, which can cause their existing medical conditions to get worse.

Medication Mix-ups

If the staff members confuse the medications or don’t administer the right ones, that can have life-threatening consequences.

If the facility doesn’t properly track and document the medications the resident is taking from the very beginning—or fails to properly administer them down the road—it may be found negligent if a resident suffers harm as a result.

What Are Some Other Forms of Negligence in Assisted Living Facilities?

Beyond medications, assisted living facilities may act negligently in other areas.

Failure to Prevent Falls

One of the main things a facility must do is keep all walkways free of obstacles so that older residents can get around without fear of falling. Many residents also need assistance with mobility—if the facility fails to provide this, serious falls may occur.

Poor Hygiene and Sanitation

Unclean living conditions can lead to infections, pest infestations, and a deterioration of the residents’ health overall. Assisted living facilities must also ensure that residents get the help they need with daily bathing, dental care, and grooming. If these things are neglected, a resident may suffer from skin infections, dental problems, and a decline in overall well-being.

Neglecting Medical Needs

Though assisted living facilities do not provide the level of care that nursing homes do, they are still responsible for ensuring that residents receive any necessary medical attention when they need it.

Emotional and Physical Abuse

Any form of abuse—whether physical, verbal, or emotional—is just as unacceptable in an assisted living facility as it is in a nursing home and could be grounds for legal action.

How Can a Nursing Home Abuse Attorney Help?

If you suspect that your loved one was neglected or abused in an assisted living facility, contact us at Shapiro, Washburn, & Sharp today. We have extensive experience in cases like these and will help you gather evidence, review medical records, and determine whether the facility failed to meet its legal obligations.

Most cases are settled outside of court, but if the facility refuses to take responsibility, we will take any legal action necessary to hold them accountable, as we did for our 80-year-old client who had to undergo an amputation because of a serious fall at a nursing facility. After a 2-day arbitration hearing, our client was awarded $300,000 in damages.

Find our offices in Virginia Beach, Portsmouth, Hampton, Norfolk, and Chesapeake.

 

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