Would It Be Possible to Sue an Assisted Living Facility?

| May 26, 2023 | Firm News

While assisted living facilities are a great option for elderly people who require assistance with everyday activities, they also carry the risk of neglect and abuse.

A lawyer specializing in elder abuse should be contacted if you suspect that your elderly loved one has been abused by staff at an assisted living home.

If you or a loved one has suffered because of the carelessness of a nursing home, you may be able to aid others by filing a claim for compensation.

The Abuse of the Elderly in Care Facilities

At least one in five elderly people in nursing homes experience some form of maltreatment each year, according to a recent research. This is in addition to the many other forms of abuse and neglect that occur in these institutions.

Some nursing home staff members may not understand they are abusing their patients by failing to meet their basic needs. After all, when you’re understaffed and busy, it’s difficult to provide individualized care.

Others are aware that their actions are violating the rights of the elderly in their care, yet they continue doing it nevertheless for financial gain. In the case of monetary abusers, this is especially true. A financial abuser is a caregiver who steals from their elderly patients or takes advantage of them financially in some other way.

Suing an assisted living home is one approach to make sure your loved one gets the care they need, whether the caregivers are delivering inadequate service out of exhaustion or for financial gain.

The Viable Causes for Suing an Assisted Living Facility

Inadequate Recruitment

One of the most crucial choices for an assisted living facility is the selection of a caregiver. Unfortunately, not all facilities invest in their caregivers with enough training and screening. This makes them susceptible to legal action, usually brought by residents’ relatives.

Before deciding on assisted living care, prospective residents, spouses, or other loved ones should be aware of these hazards.

Locations With Potential Safety Issues

It’s not uncommon for people with varied mobility degrees to dwell in assisted living facilities. These people are unable to go around without the aid of wheelchairs, walkers, and other mobility aids.

Due to a lack of funds or simple neglect, many assisted living facilities may fail to offer basic safety elements for elderly persons.

And sometimes, management and workers both fail to ensure a secure setting by, for example, failing to clear hazards from walking areas. To keep expenses down, many assisted living facilities may disregard safety standards.

Supervision Failure

A violation of residents’ rights occurs when an assisted living facility does not provide sufficient monitoring. Another common example of inadequate oversight is entrapment. Staff indifference to or outright refusal to assist a resident who has fallen or become wedged between furniture or door frames as a result of limited mobility or mental capacity.

An individual may suffer physical harm and mental anguish as a result of this kind of carelessness.

Medical Negligence

When doctors or hospitals deviate from the standard of care that has been established as safe and effective in similar cases, this is considered medical negligence. If this fails, it could cause major health problems.

The provision of inferior treatment in assisted living facilities constitutes medical negligence, as this is in contrast to the care that would be provided in a hospital or nursing home.

It may indicate that the staff is failing to perform routine checks or giving patients the incorrect medication or dosage. Sometimes this means residents aren’t getting any medical care at all, increasing the risk that they’ll get diseases that could be avoided.

Sexual Abuse

The issue of sexual abuse in senior care institutions is becoming more prominent. Because of the pervasiveness of the problem, law enforcement agencies on all levels are working to find solutions, and several states are currently exploring laws to safeguard their elderly residents from sex crimes committed by their caretakers.


Suing an assisted living facility can be a daunting task. However, it may be the best option to ensure that your loved one is properly cared for. By researching your options and working with an experienced lawyer, you can make sure that your loved one receives the care they deserve.

If you are looking for reliable assisted living lawyers in Tampa, FL, look no further than our expertise here at Mendes, Reins & Wilander. We are a personal injury law firm, and our practice areas are Major and Catastrophic Injury, nursing home and assisted living neglect and abuse, medical malpractice, wrongful death, and vehicle accidents like those that involve a car, a motorcycle, and other commercial vehicles. Call us today and let us discuss your concerns and complaints regarding an assisted living institution.