Assisted Living residents and Elderly Residential care facilities should be places of safety and joy for the millions of elderly in our country. However, in many cases assisted living facilities become dangerous environments rampant with a host of hazardous conditions, acts of violence, physical and emotional abuse, fraud, neglect, and negligence resulting in serious injuries, pain and suffering and death.
If your loved one has been a victim of a serious injury in an assisted living home contact our Los Angeles Assisted Living Injury Law Firm. Our goal is the same as yours to make sure your relative or loved one gets the proper care and treatment deserved and is fully and justly compensated for losses incurred.
California Assisted Living Laws and Regulations – Residential Care Facilities For the Elderly (RCFE)
Due to a spate of highly publicized assisted living the state of California has enacted strict protection of elderly in assisted living home laws and regulation. Below is a brief explanation of some of the most recent and significant California laws relating to protection of the elderly in assisted living facilities.
1. Residential Care Facilities: Under the RCFE Care and supervision of the elderly must include the proper care of residents in their daily living activities including.
- Grooming and hygiene including bathing
- Taking of medications including the safe storage of drugs
- Dental Care – including the appointment of dentist appointments
- Care of the residents money and financial assets
- Proper maintenance and upkeep of the facility
- The monitoring of food intake
2. Assembly Bill (AB) 313 written notification requirement – This law provides for a written notification within 10 days to the resident’s responsible parties when the Department of Social Services commences revocation and suspension proceedings against the facility. The revocation or suspension proceedings must be related to the health and safety issue of its residents.
3. Elderly Abuse Reporting Requirement – Under California law a legal duty to report is placed on, “Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult…including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults.” The failure to report elderly abuse and misconduct is considers a crime in the state of California.
Common Crimes and Injuries against the Elderly in Assisted Living Facilities
- Assisted Living Physical Abuse
- Assisted Living Emotional Abuse
- Assisted Living Verbal Abuse
- Sexual Abuse of the elderly
- Elderly Neglect
- Bed Bugs and Bed infestations
- Slip and Falls
- Medical Malpractice
- Prescription Drug Errors
- Failure to prove timely medical attention
Financial Fraud and Theft in Assisted Living Homes: Fraud in nursing homes and assisted living facilities is rampant. Such acts include the improper use of funds or the theft or misappropriation of monies entrusted to the caretaker, spouse or child for the benefit of the elderly party. In such instances the financial assets of the victim including money received from government agencies, retirement accounts and other funds in their possession.
Residential Care Home Elderly Malnutrition and Dehydration: Assisted Living Facilities may be held responsible for providing inadequate nutrition and food and fluids to the elderly. This includes fresh food, snacks, as well as vitamins and minerals, and water. Many elderly are incapable of feeding themselves; and thus must be given the proper assistance including spoon feeding their foods.
Residential Care and Assisted Living Injury Attorneys
Assisted Living home abuse occurs by people who have been entrusted with the lives of loved ones. Downtown L.A. Law Group is passionate about fighting for the rights of the elderly, and wish to stop all types of elderly. If you suspect elderly abuse or neglect in a residential care facility or assisted living, contact our lawyers for a free consultation, and an evaluation of your rights.