Violating Residents' Rights Could Lead To Assisted Living Negligence Lawsuits

Date Posted:

December 18, 2019

Post Author

Andres Beregovich

Assisted living facilities fulfill an important role in today’s society, offering seniors and their families a practical alternative to fully independent living and nursing home care. Intended for residents who don’t require a high level of care, but do need some help, assisted living facilities have boomed in recent years. Today, there are over 28,000 assisted living communities in the United States with over 1 million beds. 

Despite the increase in the number of facilities and residents who live in them, assisted living communities haven’t fallen under the same level of scrutiny as nursing homes and long-term care facilities in regards to elder abuse and negligence. That doesn’t mean abuse and negligence doesn’t happen at these communities, they do; and a growing number of lawsuits are bringing assisted living negligence and abuses to light. 

Florida Assisted Living Facility Residents Rights

Assisted living facilities aren’t subject to the same amount of oversight and accountability as nursing homes. This could be one reason why assisted living negligence goes unreported; it simply isn’t caught or families feel they have no recourse to report the problems.

Florida, perhaps due to the large number of retirees the state attracts, has taken a stand in protecting the rights of those living in assisted living communities by enacting the “Florida Assisted Living Facility Residents Rights” and by providing protections under Chapter 429 of the Florida Statutes. Most of Florida’s assisted living negligence cases result from a violation of one of these two legal protections. 

The Florida Assisted Living Facility Residents Rights is a bill of rights of sorts for residents of assisted living facilities. Under the law, every assisted living resident has a right to:

  • Be free from abuse
  • Be free from neglect
  • Be treated with courtesy, dignity and respect
  • Enjoy unrestricted, private communication with family and physicians
  • Manage their own financial affairs, if mentally competent.

If any of these rights are violated by a facility or its staff, the resident and his/her family has legal recourse and may sue the facility for damages. The following injuries are often associated with assisted living negligence, but is not an all-encompassing list:

  1. Repeated falls
  2. Undocumented injuries, including broken bones
  3. Patients wandering out of the facility
  4. Dehydration
  5. Bed sores
  6. Medication errors
  7. Wrongful death

Contact The Beregovich Law Firm If You Suspect Assisted Living Negligence

If your loved one has suffered an injury due to suspected assisted living negligence, contact Andres Beregovich at The Beregovich Law Firm. It is possible that your family is entitled to compensation. We will undertake a thorough investigation into the circumstances surrounding the injury and get to work fighting for justice on your behalf. 

Schedule a free consultation by calling (800) 631-9009 or contacting us online.