Tuesday, September 13, 2011

Nursing Homes, Assisted Living Facilites and Board & Care Homes

As a Bay Area Nursing Home lawyer, I have handled many claims against nursing homes as a result of neglect of patients, primarily elderly patients.  I have also represented residents and their families in cases against Assisted Living Facilities and Board & Care establishments.  There are large differences in the level of care rendered at nursing homes and assisted living facilities, but both have a duty to attend to the needs of their residents.  Nursing homes provide medical care.  Assisted living facilities are legally classified as Residential Care Facilities For the Elderly (RCFE).  They are required to provide a supportive environment for the residents and to monitor their health and safety.  Primary among the duties of an RCFE is to note changes in the condition of residents and to summon or arrange for necessary medical care if a resident’s health requires it.  Assisted Living Facilities cannot keep residents with certain conditions, including residents with advanced bed sores or residents who require feeding tubes.

Assisted Living Facilities may be found legally responsible for neglect of their residents under the California Elder Abuse Statutes, just as nursing homes can be.  The most common problems which arise at Assisted Living Facilities are residents wandering away from the facility unnoticed, the development of unnoticed pressure ulcers (bedsores), and dehydration and malnutrition.

I spoke recently on these subjects on the Len Tillem program on KGO radio.  Len and I both emphasized that the best way to avoid neglect at nursing homes, Assisted Living facilities, or Board and Care homes is for the family to visit frequently and at varying times of the day.  Getting to know managers and care givers by name is also very important.  A small gift to the caregivers from time to time can often have a surprisingly positive effect.

If signs of neglect are noticed, family members should immediately contact the Administrator of the Nursing Home or the General Manager of the Assisted Living Facility and the primary care doctor.  The California Department of Social Services regulates and inspects these facilities.  If neglect leads to an injury or health problem to a resident or patient, the DSS should be contacted.  A complaint to the DSS does not mean that a civil lawsuit cannot also be brought.  In fact, if an inspection by the DSS results in a citation against the facility, that can be powerful evidence in a civil suit brought under the Elder Abuse Statutes based on neglect.

If you believe that you or a family member has been a victim of neglect at a nursing home, Assisted Living facility or Board & Care, you can contact our offices for a no-cost evaluation of the merits of the claim.