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When a Residential Care Facility is Inadequate

On Behalf of | Jul 2, 2016 | Blog, Elder Abuse, Law Articles

Reasons of inadequate Residential Care Facility

Your mom and dad are getting older, and can no longer live on their own.  They can still walk, talk, and are mentally and emotionally stable, but they need assistance with daily activities that most people take for granted – eating, dressing, bathing, brushing their teeth, or need help with housekeeping.  Where do they go?

Residential care facilities, also known as assisted living facilities, are meant for older individuals who do not yet need 24 hour nursing home care but can no longer live independently.  Residents who live in residential care facilities are not allowed to live on their own but do not require constant nursing care and supervision. Nationwide, roughly 800,000 individuals (mostly elders) reside in licensed facilities, including residential care facilities.  Residential care facilities provide residents with shelter, meals, supervision of medication, and assistance in daily activities.

There are five causes for eviction in residential care facilities.  One of them is if after a formal assessment, the facility determines that it can no longer meet the resident’s changing care needs.  Often times, a resident will first be appropriately admitted to a residential care facility.  As time goes on, his or her condition may progress and worsen.  Although once minimally self-sufficient, the person may now require 24 hour care provided by a nursing home facility.  Because residential care facilities are considered non-medical facilities and are not required to have nurses, certified nursing assistants or doctors on staff, an elder who becomes increasingly frail or now suffers from an illness or disability would be better served in a nursing home facility.  In fact, if a residential care facility for the elderly (RCFE) retains a resident for whom they cannot meet his or her needs, it is dangerous and can have deadly consequences.  For example, a RCFE is not adequately staffed with nursing personnel to care for residents with Stage 3 or Stage 4 pressure sores because pressure sores that are not adequately treated by the appropriate nursing personnel can become infected, leading to systemic infection or death.  Likewise, dehydration is a serious concern in the elderly (especially those suffering from dementia or Alzheimer’s disease) and can lead to death.  RCFE personnel are not sufficiently trained to identify signs and symptoms of dehydration, which can be fatal.

If someone you love is not receiving adequate care in his or her residential care facility, contact York Law Firm immediately.  York Law Firm is comprised of Sacramento based lawyers that handle elder abuse and wrongful death cases. If you believe your loved one has been the victim of elder abuse or neglect in a nursing home or assisted living facility, or believe your family has a wrongful death claim, please call our office so that we can investigate your case at 916-643-2200 or contact us online. We are dedicated to representing families whose elders and dependent adults have been injured, neglected or abused.

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