Assisted living facilities are designed to offer a safe, encouraging environment for seniors and those requiring help with daily living. Unfortunately, cases of neglect and abuse in these settings continue to endanger vulnerable residents.
According to the CNA Financial Corporation’s 2024 Aging Services Professional Liability Claim Report, resident abuse claims in assisted living facilities cost an average of $384,088, demonstrating the serious financial consequences of such incidents.
Abuse can take many forms, including physical, emotional, financial, and even sexual, and it often goes unnoticed or unreported due to fear, confusion, or ignorance. An elder abuse lawyer from https://hunter-law.com/ states that cases of assisted living abuse potentially encompass numerous parties, which necessitates the need to consult an experienced abuse attorney who has successfully managed similar cases.
This article will walk you through the steps you must take to hold responsible parties legally accountable for abuse in assisted living facilities.
Recognizing Signs of Abuse and Neglect
Visiting a loved one housed in an assisted living facility requires paying close attention to potential signs of abuse and neglect. Watch out for unexplained injuries, such as bruises or fractures, which could point to physical abuse.
- Emotional abuse can be detected through behavioral changes such as withdrawal or anxiety.
- Check for common signs of neglect, such as a lack of personal hygiene, malnutrition, and untreated medical conditions.
- Something is likely wrong if a loved one shows signs of fear toward a staff member or avoids specific areas of the facility. Trust your instinct and immediately take appropriate action.
Regular visits and interaction with your loved one are the best way to spot changes in their status or emotional state, which can help maintain their health.
Documenting Evidence of Mistreatment
A thorough recording of the abuse inside an assisted living facility will allow you to take legal action against those responsible.
Keeping accurate records and important details, such as the date and time of abuse, can provide valuable insights into the incident. Always have pictures that show unsafe conditions or clearly demonstrate an injury. Visual evidence is compelling and will significantly help your case.
Gather any available supporting data, including incident reports, medical records, and letters. Any testimony from witnesses, including fellow residents and trusted family members, will support your case.
You should have easy access to all evidence, which should be stored securely for court. The stronger the evidence, the better your chances of achieving justice and positive outcomes.
Reporting Abuse to Authorities
If you think you have collected sufficient proof, you can now disclose the abuse and inform relevant authorities.
Call the state’s long-term care ombudsman or the local adult protective services office. They are experts in investigating allegations of long-term care abuse.
List your date of empirical evidence along with records, relevant events, and witnesses. Contact the appropriate law enforcement authorities if the abuse constitutes a criminal offense.
Reporting an abuse incident helps not only your loved one but also others who may have experienced similar harm in the facility. Continue to follow up on your report to confirm that the appropriate action has been taken.
Understanding Your Legal Options
Knowing the legal consequences and avenues to seek justice and safeguard the rights of a loved one is important.
Talk to a personal injury lawyer or elder law attorney first. These legal professionals can evaluate the specifics of your case and decide if you have a valid claim.
A monetary claim could then be made in civil court or through a state agency that regulates assisted living facilities.
Photographs, medical diagnoses, and eyewitness accounts can help your abuse allegation.
You can provide additional support to your loved one by familiarizing yourself with laws governing assisted living facilities in your state.
Making well-informed decisions will protect your loved one and hold the facility accountable.
Seeking Support From Advocacy Groups
Advocacy groups are useful in cases of abuse or injustice at assisted living facilities. Their pro bono work highlights the complex procedure and available tools for this circumstance. These organizations can guide you through grievances, legal representation, and orphan advocacy.
Contact your nearby elder welfare and attention advocacy groups. These organizations usually have useful knowledge resources and support systems to help you in case of elder abuse in assisted living facilities.
Informing these support groups about your situation can help raise awareness about elder abuse.