Assisted Living Negligence | Elder Abuse | Personal Injury

Date Posted:

June 11, 2020

Post Author

Andres Beregovich

Assisted living negligence is an unreported, under-recognized problem among Florida’s elderly and vulnerable populations. Nursing homes typically receive much more public scrutiny in regard to abuse and neglect, while assisted living facilities slip under the radar.

Part of the lack of scrutiny may be due to how we think of assisted living facilities as well as the many types of facilities in business. Whereas nursing homes provide a high degree of care and supervision, assisted living facilities allow their residents more independence with different facilities providing different levels of care. It’s possible that we the public simply don’t give assisted living facilities the attention they deserve in regards to care provided because we see the residents as being more independent and less in need of care than nursing home residents and, therefore, less likely to be abused or neglected.

This lackadaisical attitude towards assisted living negligence is dangerous because it means residents could be suffering and no one thinks to investigate the situation. 

Lack of Oversight and Lack of Accountability Make Negligence Hard To Track

Assisted living facilities are not subject to the same regulations and oversight as nursing homes. Without this accountability and with the ever-increasing need for assisted living facilities, it is easy for patterns of neglect to slip through the cracks. Since assisted living facilities allow residents to maintain some degree of independence, it can be difficult for a family member to determine if their loved one has been neglected or simply had a bout of forgetfulness or a simple accident. 

If a family thinks their loved one has been neglected, they may simply decide to move to a different facility because they can’t say with 100% certainty if neglect occurred, if their loved one just had an unfortunate experience, or if their family member simply required more care than the facility was able to provide – and even if they did suspect negligence, who would they call to report the incident?

A good place to start is with a personal injury attorney. Assisted living facilities are required to be licensed to provide specific care and services in Florida by the Agency for Healthcare Administration, but this just allows them to operate as an assisted living facility. 

A Personal Injury Attorney Can Help You Respond To Assisted Living Negligence

If you suspect assisted living negligence, your best protection is to consult a qualified attorney to explore your legal options or to file a formal complaint about the facility. All registered Florida assisted living facilities are required to provide a certain level of care for their residents. If they somehow fail to provide that care and a resident is injured as a result, you may be able to file a personal injury lawsuit to receive compensation for the injury and possibly require the facility to adjust its practices to prevent a similar situation from happening in the future.

Contact The Beregovich Law Firm in Florida is you think your loved one has been a victim of assisted living negligence. You do have rights, protections, and resources available to help you recover from the incident and make sure it doesn’t happen again. 

We offer free consultations, with office locations in Orlando and Miami so you can share the facts of your situation and receive an honest assessment of your legal options. Schedule your free consultation by calling (800) 631-9009 or contacting us online.