Assisted Living Facility Negligence
When you trust an assisted living facility to care for your loved one, you expect the staff to treat them with respect, compassion, and professionalism. Unfortunately, some facilities fail to provide the level of care they promise. When negligence occurs, residents can suffer serious harm, both physical and emotional.
At Prieto, Marigliano & Prieto, LLC, our personal injury attorneys help families throughout Atlanta who’ve discovered their loved ones were injured or neglected in assisted living environments. We understand how devastating it can be to learn that someone you trusted betrayed that trust, and we’re here to help you hold them accountable.
Speak with a RepresentativeWhat’s the Difference Between Assisted Living Facilities and Nursing Homes?
Although assisted living facilities and nursing homes both provide care for older adults, they serve different purposes and offer different levels of medical support.
Assisted living facilities are designed for residents who can live independently most of the time but may need help with daily activities such as bathing, dressing, or medication reminders. They usually focus on community living and personal assistance rather than medical treatment.
Nursing homes provide more medical supervision and are equipped to care for residents who have serious health issues or disabilities. Staff at nursing homes, including doctors, nurses, and other medical staff, are typically available around the clock, and the facilities operate under stricter healthcare regulations on both the state and federal levels.
Neglect from staff members can occur in either setting, but it’s often harder to detect in assisted living facilities for several reasons:
- Residents are generally more independent in assisted living facilities. This means injuries or declines in health may go unnoticed for longer periods of time.
- Staff members may have less medical training, which can lead to missed warning signs of serious conditions.
- Families may visit less frequently because their loved ones appear to be doing well or have more privacy.
- Regulations for assisted living facilities are less comprehensive than those for nursing homes, which can make oversight and accountability more challenging.
Whether they’re in a nursing home or an assisted living facility, residents deserve around-the-clock attentive care and protection from harm. If your loved one has suffered neglect in either environment, the Atlanta injury attorneys at PMP can help you understand your rights and take action to protect them.
What Is Assisted Living Facility Negligence?
Assisted living facilities are designed to provide residents with a blend of independence and support. They’re expected to maintain safe premises, employ qualified caregivers, and provide residents with adequate supervision and care.
Negligence occurs when a facility or its staff fails to meet the accepted standard of care, resulting in injury, illness, or a decline in the resident’s well-being. Negligence can take many forms, including failure to monitor residents properly, failure to assist with mobility or hygiene needs, or failure to respond to medical issues in a timely manner.
If a facility’s carelessness or misconduct has harmed your loved one, the attorneys at Prieto, Marigliano & Prieto, LLC, can investigate what happened and fight to hold the responsible parties accountable.
Common Signs of Neglect and Abuse in an Assisted Living Facility
It’s not always easy to recognize neglect or abuse, especially when the facility staff controls access to information about your loved one’s daily care. However, certain warning signs often indicate that something’s wrong.
If you notice any of the following, you should take action and contact us for a consultation:
- Your loved one has unexplained injuries such as bruises, fractures, or cuts, and the staff can’t or won’t provide a clear explanation for how they occurred.
- You observed your loved one’s poor hygiene, dirty bedding, or unclean living areas, which may suggest that staff members aren’t maintaining a sanitary environment.
- Your loved one appears withdrawn, anxious, or fearful around staff members, which can signal emotional or physical abuse.
- You noticed signs of malnutrition or dehydration, such as sudden weight loss, fatigue, or dry skin, which may mean the facility isn’t providing proper meals or fluids.
- Staff members seem overworked or unresponsive, and call lights or requests for help go unanswered for long periods of time.
- You discovered medication errors, such as missed doses, incorrect prescriptions, or side effects that have gone unaddressed.
- Your loved one’s personal belongings or funds have gone missing, which may indicate financial exploitation or theft.
Every case is different, but these signs deserve immediate attention and investigation.
Common Forms of Assisted Living Negligence
Assisted living negligence can result from individual carelessness or systemic management failures. PMP has many years of experience identifying the root causes of harm in these facilities, and we work hard to hold the owners and administrators accountable when innocent people are harmed.
Some of the most common issues in assisted living facilities include:
- Inadequate Staffing: When facilities fail to hire or retain enough qualified employees, residents often suffer because their needs aren’t met in a timely or safe manner.
- Poor Hiring and Training Practices: Facilities are responsible for vetting staff and ensuring they receive proper training. When they hire unqualified caregivers or fail to train them, residents pay the price.
- Neglect of Medical Needs: Many assisted living residents rely on staff to monitor medications or coordinate outside medical care. Failing to do so can lead to preventable illnesses or worsening conditions.
- Unsafe Premises: Broken handrails, poor lighting, or cluttered hallways can cause serious falls or injuries. Facilities must maintain a safe environment at all times.
- Failure to Follow Care Plans: Residents often have individualized care plans that specify what assistance they need. Ignoring these plans can lead to severe harm, including falls, infections, or pressure sores.
- Emotional or Physical Abuse: Any form of mistreatment, whether verbal harassment or physical aggression, is unacceptable and must be reported and addressed immediately.
The attorneys at PMP understand how to uncover patterns of negligence, even when facilities attempt to hide or minimize their responsibility.
Who Can Be Held Liable for Negligence in an Assisted Living Facility?
Liability in assisted living negligence cases can extend beyond the caregivers who provide daily assistance. Prieto, Marigliano & Prieto, LLC, investigates every potential source of accountability, which may include:
- The assisted living facility itself, if improper policies, poor management decisions, or insufficient staffing contributed to your loved one’s injuries.
- Individual caregivers or nurses, if they failed to perform their duties responsibly or engaged in intentional mistreatment.
- Outside contractors or third-party providers, such as medical staff or maintenance companies, whose negligence contributed to unsafe conditions or inadequate care.
By identifying all responsible parties, our attorneys can help you pursue full and fair compensation for your family’s losses.
Taking Legal Action Against an Assisted Living Facility in Georgia
Georgia law gives victims of assisted living facility negligence a limited amount of time to file a claim. Typically, the statute of limitations for injury or wrongful death resulting from negligence is two years from the date the harm was discovered or should reasonably have been discovered.
However, it’s important not to wait, even if you have plenty of time to legally file a claim. That’s because evidence like care logs, staffing schedules, and witness statements can be lost or altered over time, making it more difficult to win your family’s claim against the facility. The earlier we can begin investigating, the stronger your case can be.
How Prieto, Marigliano & Prieto, LLC Can Help
When you contact Prieto, Marigliano & Prieto, LLC, you’ll get compassionate, personalized support from attorneys who’ve handled many cases involving elder neglect and injury. Our team will:
- Conduct a detailed investigation into what happened to your loved one, including reviewing facility records, medical charts, and staffing documentation.
- Work with medical and care experts to determine whether the facility’s actions or omissions violated professional standards.
- Communicate directly with the facility and its insurers so you can focus on your family’s well-being while we handle the legal process.
- Seek compensation for medical expenses, pain and suffering, emotional distress, and any other damages caused by the facility’s negligence.
We know how painful it is to see your loved one suffer because of others’ carelessness, and we’ll fight to ensure their voice is heard.
Contact Prieto, Marigliano & Prieto, LLC Today
If you believe your loved one has suffered harm in an assisted living facility, don’t wait to seek help. The Atlanta assisted living facility negligence attorneys at Prieto, Marigliano & Prieto, LLC are ready to listen, investigate, and take action on your family’s behalf.
Contact us today to schedule your free consultation. Let us help you protect your loved one and hold negligent facilities accountable.
