The Los Angeles assisted living neglect lawyers at the Law Offices of Ben Yeroushalmi are passionate defenders of the rights, health and safety of elderly and dependent adult residents of California assisted living facilities. Older adults, especially those who are sick or bed-ridden, should receive the best quality of care. Our team of trial lawyers aggressively pursues each elder abuse and neglect action with urgency.
Elderly people may need to leave their homes for supervised care for a number of reasons. If they are provided careful attention and reasonable examination by well-informed caregivers, an assisted living placement can enhance the quality of life for the whole family. However, the inevitable increase of frailty and vulnerability among assisted living residents calls for constant vigilance by facility staff.
Assisted living facilities, also called Residential Care Facilities for the Elderly (RCFEs), offer room and board, supervision, and help with regular yet necessary activities such as eating, walking, dressing, personal hygiene, and self-administering medications. Unlike skilled nursing facilities, assisted living facilities do not provide medical or skilled nursing care, but still must follow the laws and regulations of federal and state governing agencies, such as the Department of Social Services. In the experience of the assisted living neglect lawyers of the Law Offices of Ben Yeroushalmi in Los Angeles, the risk of neglect to elderly individuals is just as apparent as that in skilled nursing facilities.
Since an assisted living facility is not a hospital or skilled nursing facility, elders who need specialized medical care such as tube-feeding, treatment of pressure ulcers, or other constant nursing supervision should not reside in these facilities. Upon or before admission, assisted living facilities must provide written notice to residents of any retention limitations set by federal or state regulations. (See, e.g., California Health and Safety Code, Section 1569.269.) Retention policies largely depend on the type and severity of the resident’s condition and whether the assisted living facility properly complies with licensing requirements. For example, some assisted livings can properly provide residence to persons with dementia subject to certain requirements. Although it is extremely important that an assisted living facility has both the experience and ability to correctly and appropriately provide the type of care that each potential resident needs upon admission, preventable abuse and neglect still occurs. If you believe your loved one has suffered such neglect at an assisted living facility, you should consider contacting an assisted living neglect lawyer in Los Angeles.
Despite this, however, assisted living facilities frequently admit or retain residents for whom they know or should know that they cannot provide adequate care. Many elderly individuals need 24-hour skilled nursing care, which an assisted living facility does not provide. For example, certain residents may have severe dementia, or may be highly susceptible to, or may develop, pressure ulcers. In such cases, these residents must be transferred to a higher level of medical care, such as to a nursing home, that has the ability to effectively provide the required level of medical care.
When pervasive neglect or abuse results in the death of a resident, it may be possible to bring a wrongful death lawsuit under California law. The damages available in these cases can compensate the victim’s estate and their loved ones for expenses related to the victim’s medical treatment and funeral, as well as for the non-economic damages related to the loss of the relationship between the victim and their family members. These actions must be brought within a limited time period, as with other personal injury cases, so you should seek counsel promptly if you believe that you may have a claim.
Regardless of the determining deficiencies within each facility that give rise to such abuse and neglect, you and your loved ones do not deserve to experience preventable suffering.
If your loved one has suffered as a result of elder abuse or neglect, please contact the Los Angeles assisted living neglect lawyers of the Law Offices of Ben Yeroushalmi online or at (310) 623-1926 immediately. We will fight relentlessly for you and your loved ones to provide you with the vindication you deserve. We will get you the maximum value for your case, and we will take your case to trial if necessary. If there is no recovery, there is no fee.