Many older adults and others with intensive daily support needs may move into nursing homes. Others may move into assisted living communities if they do not require ongoing, hands-on care every day.
Those who depend on others for the administration of medication and other daily needs are at risk of both negligent care and outright abuse. Concerned family members sometimes need to take legal action when they uncover signs of misconduct or inappropriately low care standards at a nursing home or assisted living community.
Understanding the different laws and standards that apply can help families recognize when they have grounds to take legal action and what evidence may be necessary to do so successfully.
The standard for nursing homes is higher
Nursing homes are medical facilities that employ registered nurses and other credentialed professionals. As such, they are subject to some of the same regulations that govern other medical providers, as well as industry-specific standards.
Assisted living communities are not medical care providers and are therefore unlikely to face malpractice claims or litigation brought on the basis of violating care standards. Instead, families must pursue legal action by proving standard negligence, as they might in a premises liability lawsuit.
Some of the key differences include the significantly different professional standards imposed on registered nurses as opposed to a proxy caregiver. Proxy caregivers are unlicensed and may have only received cursory training from a licensed medical professional. They can assist with people’s daily needs, such as dressing themselves or cleaning their living space, but they do not have the training to recognize warning signs of major medical issues or to administer treatments.
Assisted living communities also have lower staffing requirements. While residents are awake, there only needs to be one employee for every 15 residents. During nighttime hours, that ratio drops to one professional for every 20 residents. Nursing home residents should receive a minimum of 3.48 hours of direct care every day, which helps ensure their needs are met.
Even with federal requirements for nursing homes, residents often do not receive the care that they require. Proving non-compliance with applicable statutes, violations of the professional standards for licensed care providers and standard negligence can all play a role in seeking justice on behalf of an aging loved one after an incident at a nursing home or assisted living community.
A discussion with an attorney familiar with this niche area of personal injury law can help families determine if what has happened to a loved one justifies legal action. Determining who was involved in negligent or abusive conduct and what care standards apply is of the utmost importance for a nursing home negligence lawsuit.