Can You Sue an Assisted Living Facility?

by | Dec 30, 2020

When a family member is no longer able to live independently, families are often
forced to face the fact a loved one needs to be placed either in a Nursing Home or Assisted Living Facility. This recognition is usually made when it has become obvious the family member can no longer take care of his or her basic needs. They may be neglecting their personal hygiene or nutrition, becoming more isolated, can no longer drive, or, in short, they may simply no longer safely live alone.

Agonizing decisions are often made after consultation with other family members, the family member concerned, and medical providers of the family member concerned. We want to place our loved one in a facility which will not simply “house” our loved one, but one which will provide them with the attention and care they deserve. Despite choosing the “best” facility, too often they find their loved one is severely injured or dies while in the care of the facility. Many a family has found itself in litigation against a facility that has failed to properly care for the patient. What is the difference between suing a Nursing Home or an Assisted Living Facility? The answers are not that simple.

The federal government highly regulates standards of care for Nursing Homes. But, there are no such standards that apply to Assisted Living Facilities and this makes litigating a case involving death or injury in an Assisted Living Facility more challenging. In a Nursing Home, the family member can expect the facility will be responsible for monitoring, supervising, and medicating their loved one. In an Assisted Living Facility, the facility aims to provide its residents with as much independence as is reasonably possible. This does not mean one cannot sue an Assisted Living Facility, but means the basis for suing may not be as clearly definable as in a Nursing Home.

We handle claims against both Assisted Living Facilities and Nursing Homes. Some of the more common cases we handle involve falls in the facilities which have resulted in severe injury or death.

It is heartwrenching when family members we represent learn that the death or injury of their loved one could have been prevented. We aggressively prosecute these cases. The result often brings closure for the family and hopefully prevents these tragedies from happening in the future. Should you have questions as to whether litigation of a claim is possible, give us a call at 1-800-332-1992. We will do all we can to help! You and your family member are important to us!

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