Assisted Living Facility Injuries – Abuse, Neglect, and Negligence
Assisted living facilities are facilities that provide some level of care to residents who require supervision but do not require continuous nursing care. Tragically, these facilities are responsible for causing injury and even death to the seniors and others who depend upon them.
When assisted living facilities accept residents, they normally have a concurrent responsibility for ensuring the safety and proper care of the resident. The level of care required for a resident will often change (and typically increase) as the resident ages and experiences a decline in health.
If a Michigan assisted living facility fails to provide adequate care, a resident may have a right to seek compensation in a civil lawsuit. If you or a loved one suffered abuse or neglect at an assisted living facility, call our office to schedule a complimentary case evaluation. As Michigan assisted living facility lawyers, we can assess the harm, provide compassionate guidance on the legal rights to which you may be entitled, and help seek the justice and accountability you deserve!
Michigan Assisted Living Facilities Must Uphold Certain Standards.
As experienced assisted living facility abuse lawyers at Olsman MacKenzie Peacock & Wallace, we have seen firsthand the impact of inadequate oversight on the well-being of residents in these communities. The State of Michigan does not require licensing for all assisted or independent living facilities, but it does require licensure if the facility meets specific requirements. For example, a facility may be required to obtain a Home for the Aged license if it provides room, board, and supervised personal care to more than 20 unrelated people over the age of 55; or if operated as a distinct part of a licensed nursing home, can be provided to fewer than 21 residents. Likewise, a facility may be required to obtain an license if it provides personal care, supervision and protection in addition to room and board to 3 to 20 unrelated persons who are aged, mentally ill, developmentally disabled, or physically disabled, for 24 hours a day, 5 or more days a week, for 2 or more consecutive weeks for compensation.
Even though many Michigan assisted living facilities are unlicensed, they still have a legal and ethical duty to protect their residents from harm. This responsibility includes providing adequate care, ensuring that residents’ needs are met, and maintaining a safe environment. Unfortunately, the lack of licensing requirements in Michigan has led to limited oversight, which, in turn, has resulted in injuries to patients in some cases.
Our firm was involved in the case of Kermath v Independence Village, where the Michigan Supreme Court Estate of Virginia Kermath v. Independence Village of Oxford set an important legal precedent in our state. The Supreme Court imposed a legal duty of care on senior living facilities, aiming to reduce the likelihood of elderly or cognitively impaired residents being injured. This ruling emphasizes the importance of providing a safe and secure environment for all residents, regardless of whether a facility is licensed or not.
At Olsman MacKenzie Peacock & Wallace, we believe that all residents of assisted living facilities deserve to live in a safe and nurturing environment. The Kermath case serves as a reminder to all facilities in Michigan that they must prioritize the safety and well-being of their residents. If you or a loved one has experienced abuse or neglect at an assisted living or adult foster care facility, our experienced assisted living abuse attorneys are here to help you navigate the legal process and ensure that those responsible are held accountable.
If an elderly resident suffers abuse, neglect, or another type of harm, an assisted living facility could be liable for monetary civil damages. Thus, if you or your loved one’s rights were violated, we urge you to call our office to schedule a free consultation. We can explain your rights under Michigan law and help you seek to hold all negligent parties accountable for their actions or inaction.
How Do Injuries and Death Occur in Assisted Living Facilities?
Injuries and death due to assisted living facility negligence, neglect, and abuse can occur in a variety of situations. Commonly these involve either the existence of dangerous conditions at the facility, or the lack of proper supervision being given to a resident.
The facilities themselves can be dangerous due to a number of conditions, such as conditions that could cause residents to fall. Residents themselves may also be at risk due to a whole host of conditions that result in them not being given the supervision that they require. When this happens, injuries from choking, bed sores/pressure sores, and many other circumstances can occur.
Tragically, residents can also be injured through abuse. Abuse can take the form of verbal abuse, mental abuse, physical abuse, undue restraints (from physical restraints or chemical means), or even sexual abuse.
How We Help
If you or a loved one has been injured, or if a loved one has died due to the fault of an assisted living facility, we can help. We have been representing the victims of nursing home, long-term care facility, assisted living facility and independent living facility injuries for decades.
We are tenacious in seeking justice and full compensation for our clients. We demand full accountability, not only for our clients, but also so that these facilities will realize that they need to change their practices so that others will not be injured in the future.
We routinely litigate against the large corporations that own many nursing home and assisted living facilities, and their teams of lawyers, and we have an enviable record of successfully recovering compensation through settlements and verdicts in these types of cases. When you have our team on your side, we will commit to using our full resources and dedicated efforts in seeking justice for you.
Please call our firm to learn how we can help.
There are no fees to us unless compensation is obtained, and we advance all costs of litigation.
 Adult Foster Care/Homes for the Aged, Department of Licensing and Regulatory Affairs, https://www.michigan.gov/lara/0,4601, 7-154-89334 _63294_27717—,00.html.