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Assisted Living Facility Abuse and Neglect

Assisted living facilities are designed to play an important role for individuals who require assistance with their activities of daily living, but do not require the twenty-four (24) hour skilled nursing care typically provided by nursing homes. Under Florida law, to qualify for admission to a standard licensed assisted living facility, an individual must generally satisfy the following requirements:

 

  1. Be at least 18 years of age,

  2. Be free from signs and symptoms of any communicable disease (excluding HIV),

  3. Be capable of performing activities of daily living (as that term is defined) with supervision or assistance, if necessary,

  4. Be able to transfer with assistance, if necessary,

  5. Be capable of taking medication through self-administration or be capable of taking medication through assistance with self-administration (so long as the facility informs the resident of the professional qualifications of staff who will be providing this assistance or obtaining informed written consent from the resident if unlicensed staff will be assisting), or be capable of taking medication solely through staff administration (so long as the facility employs a nurse who will provide this service or the resident contracts with a licensed third party to provide this service).

  6. Not have any special dietary needs that cannot be met by the facility.

  7. Not be bedridden, unless the resident is receiving licensed hospice services,

  8. Not have any stage 3 or stage 4 pressure sores,

  9. Not require artificial airway management (except use of a CPAP machine is permitted),

  10. Not require monitoring of blood gasses,

  11. Not require management of post-surgical drainage tubes or wound vacuum devices,

  12. Not require the administration of blood products in the facility,

  13. Not require treatment of surgical incisions or wounds, unless the surgical incision or wound and the underlying condition have been stabilized and a plan of care has been developed,

  14. Not require hemodialysis and peritoneal dialysis in the facility,

  15. Not require intravenous therapy in the facility

  16. Not require 24-hour nursing supervision, unless the resident is receiving licensed hospice services, and

  17. Not require skilled rehabilitative services.

 

It is the responsibility of the assisted living facility to ensure not only that a potential new admission qualifies for placement in an assisted living facility, but that its existing residents also maintain compliance with assisted living facility admission criteria. Oftentimes, however, assisted living facilities overlook these requirements, whether upon admission or at some point thereafter and admit residents with care needs that cannot be met in an assisted living facility. These decisions often place profits over patient care and lead to dire outcomes for facility residents.

 

At FIDJ, we understand the physical and emotional toll assisted living facility abuse and neglect can inflict on residents and their families. While we cannot turn back the hands of time, we can seek justice and hold these facilities accountable for the pain and suffering they have caused.

 

If you suspect your loved one was injured at the hands of an assisted living facility, contact the experienced assisted living facility injury attorneys at FIDJ, before it’s too late.

We Sue Assisted Living Facilities for Abuse and Neglect

Call (844) FIDJ-LAW to speak with one of our experienced attorneys.

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FREQUENTLY ASKED QUESTIONS

I’m not sure if I have an assisted living facility abuse or neglect case. Can I speak with an attorney at FIDJ?

 

Absolutely. You can and should reach out to us if you have any concerns or suspicions regarding assisted living facility abuse or neglect. Our experienced assisted living facility injury attorneys are available to evaluate your situation and provide guidance on a path forward. 

 

I cannot afford a lawyer. Can I still hire you to sue an assisted living facility?

 

Yes. The experienced assisted living facility injury attorneys at FIDJ work on a contingency fee basis. That means, we only get paid if there is a monetary recovery associated with your case. 

 

I might have signed an arbitration agreement. Can I still sue the assisted living facility for damages?

 

Yes. It’s common for assisted living facilities to include arbitration clauses in their agreements as a way to keep cases out of the public eye and limit potential damages. However, the experienced assisted living facility injury attorneys at FIDJ can carefully assess the validity and enforceability of your arbitration clause. Depending on the circumstances, our experienced attorneys may be able to challenge and potentially invalidate the arbitration agreement, allowing your case to proceed to civil court where it can be heard before a jury. In the event an arbitration clause is enforceable, our attorneys can still represent you in the arbitration process.

 

How long do I have to file an assisted living facility abuse or neglect lawsuit?

 

In Florida, assisted living facility injury cases must be brought within two (2) years of the date of injury and/or the date of death. This two (2) year deadline is known as a “statute of limitations”. However, do not delay as there may be prior injuries that you do not know about. In addition, many assisted living facilities have notoriously high staff turnover rates. Therefore, unnecessary delay can make it more difficult to locate potential witnesses. To learn more about the applicable statute of limitations, check out our blog, "The Deadline to File a Florida Nursing Home or Assisted Living Facility Abuse or Neglect Case."

 

Is it normal to feel guilty for placing my loved one in an assisted living facility?

 

We frequently hear families express their guilt in placing a loved one in an assisted living facility. However, it’s important to remember that the decision is usually driven by an unwavering desire to ensure the best possible care for your loved one.

 

My loved one was injured at the hands of an assisted living facility that I selected. Should I feel responsible for my loved one’s pain and suffering?

 

Absolutely not. Your intention was to provide the best possible care for your loved one by choosing an assisted living facility that you believed could meet your loved one’s needs. When an assisted living facility fails to uphold its duty to provide proper care and protection, the responsibility for any associated injuries lies with the facility, not with you. You are not at fault for the actions of a facility that failed to provide the care it promised.

 

How long do assisted living facility cases last?

 

Each case is unique. While some cases settle before a lawsuit is filed, other cases require a trial. As a rule of thumb, however, you can expect a jury trial within two (2) years of filing your lawsuit. The finality of cases can be extended by the appellate process. If your case is subject to a valid arbitration clause, you can generally expect a quicker resolution.

 

Are you going to handle my case or refer it to another law firm?

 

We are not an attorney referral service. If we take your case, we handle your case.

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