Many options for assisted living facilities exist in Charleston. One of them is Brookdale Assisted Living Facilities, which offers various services to care for those who are in vulnerable states and need help to get by day-to-day. While providing a valuable service, Brookdale can fail to meet up to reasonable care at times, and neglect can still occur despite investment in the safety and care of residents.
Hughey Law Firm looks into each case of assisted living facility negligence. Our nursing home abuse attorneys have successfully made claims against Brookdale Assisted Living Facilities before. If you or a loved one were injured in Brookdale Assisted Living Facilities, contact Hughey Law Firm today.
Services at Brookdale Assisted Living Facilities
Residents of Brookdale Assisted Living Facilities can expect to enjoy several services. Residents can partake in recreational activities. They can play games or visit the library for some downtime. People in assisted living facilities have the chance to socialize with each other in sunrooms or on a patio.
Residents receive three meals a day and can have a registered dietitian help them. Brookdale’s facilities also provide daily check-ins and security systems. The staff should be readily available to provide various services.
Privacy is an option for many of the bedroom choices. Inhabitants can get bathed and a new change of clothes when required. Staff members are directed to check on them regularly. People in the assisted living facility can get their medication and other healthcare needs met.
The available services should make every resident feel safe and healthy. However, sometimes these services fail to live up to what the brochure describes, and residents get hurt. We’ve seen that happen at Brookdale Assisted Living Facilities—and have recovered compensation for clients when it has. Contact us today to discuss your nursing home claim.
Assisted Living Facility Requirements
If Brookdale Assisted Living Facilities fails to meet the needs of its residents, it may be because it is out of compliance with state laws or regulations. The South Carolina Department of Health and Environmental Control regulates assisted living facilities, which need a license to operate. The Bureau of Health Facility Licensing issues the license and enforces standards.
Residential care facilities cannot take in residents without a valid license. Additionally, they must adhere to local, state, and federal laws and regulations to keep Brookdale Assisted Living Facilities residents safe. Unfortunately, we’ve seen too many instances where they didn’t.
Abuse in assisted living facilities does not come from only staff members. Harm may come from fellow residents, or intruders to a facility. Brookdale has to follow the admission requirements. The facility cannot provide a room for people who pose a danger to others.
Residents are generally in more vulnerable states, and they could be more at risk of abuse from strangers or abusive residents. Brookdale can, and should, remove a resident if they can potentially harm staff or other inhabitants.
Of course, not every assisted living facility keeps an eye on the behavior of its residents. A facility might not perform a full background check before it admits the person, or may fail to maintain adequate security. While residents and staff should monitor and report those who pose a danger, that doesn’t always happen.
Residents of Brookdale Assisted Living may require constant monitoring or care. The administrator of a facility should ensure such residents are fully attended to. At Brookdale, residents should have the ability to reach the administrator at reasonable times.
During the day, one staff member should care for about eight residents. At least one employee should be assigned to 30 inhabitants during the night. Another staffing requirement is to have at least one employee on every floor with residents.
Many assisted living facilities do not maintain sufficient staff-to-resident ratios. Despite legal requirements, facilities sometimes end up understaffed. If Brookdale Assisted Living Facilities fails to maintain adequate staff, residents could be insufficiently tended to and suffer injuries.
Staff Training Requirements
An assisted living administrator in South Carolina must be at least 21 years old and have a:
- Bachelor’s or higher degree in healthcare administration or healthcare degree from an accredited college/university and one year of practical experience in nursing home administration or related health care administration; or
- Bachelor’s degree other than in healthcare administration from an accredited college/university and two years of practical experience in nursing home administration or related health care administration; or
- Health-related associate degree from an accredited college/university and three years of practical experience in nursing home administration or related health care administration
Additionally, the individual must pass certain exams, submit a criminal background check and credit report, and obtain a license from South Carolina’s Board of Long-Term Care Administrators. Administrators have to pursue continuing education every year for a specific number of hours. If a facility fails to ensure an administrator meets these requirements, it could lead to injury of residents.
Regular staff members have to complete a two-hour orientation. The orientation needs to occur no more than ten days after getting hired. Staff needs to receive training for basic first aid, emergency procedures, and safety standards. Untrained staff may not know how to respond to resident needs, resulting in injury.
Sometimes, assisted living facilities hire unqualified persons. Some facilities provide inadequate training to new staff members. If Brookdale Assisted Living Facilities fail to ensure the qualifications of its administrators or staff, you can hold them liable for any injury to its residents that results.
Damages for Brookdale Assisted Living Facilities Negligence
Whenever assisted living facility abuse or neglect occurs, it can result in serious injuries and impacts to a resident. A victim or their family can reach out to an assisted living facility injury lawyer to file a claim for damages (a legal term referring to compensation for certain harms).
Residents may be able to recover economic damages for Brookdale Assisted Living’s negligence. A primary form of economic damages is medical bills. Medical expenses damages include hospital visits, prescriptions, physical therapy, and other medical care necessary to address the injuries resulting from the assisted living facility’s negligence. The cost takes into account the treatment a victim received in the past and may need in the future.
A victim can recover damages for non-economic damages as well. Pain and suffering is a common example of non-economic damages. Pain and suffering could be physical or emotional. Assisted living facility negligence could leave a resident with physical discomfort or mental anguish.
If a Brookdale Assisted Living Facility neglected or injured you, consult the Hughey Law Firm to see if you have a case. You will need to prove how the assisted living facility was negligent. We know how to do it—and we’ve done it before in cases against Brookdale.
The first step is to show how the facility breached its duty of care.
Brookdale Assisted Living Facilities administrators and staff must ensure the safety and health of residents, such as making sure the residents do not suffer from bedsores or poor hygiene. When they fail to meet that duty, they have “breached” their duty of care. Administrators and staff owe residents many other duties, such as feeding residents appropriately and not serving unsafe food.
The next step is to establish that the breached duty of care resulted in an accident and the injuries for which you are claiming compensation. If staff did not regularly check on the resident, breaching their duty of care, a resident may develop bedsores. You must have evidence to establish the relationship between the failure to check on the resident and the bedsores. Additionally, you must establish that the injuries led to the damages you are seeking—for example, that a person had to go to a hospital and incurred medical expenses due to bedsores.
Hughey Law Firm Is Here to Help
Hughey Law Firm can help with claims of negligence in Brookdale Assisted Living Facilities. Once we understand the details of your case, we can look into the details of your case and determine how much compensation you deserve. Contact us today for a free case consultation at (843) 881-8644.
Hughey Law Firm LLC
1311 Chuck Dawley Blvd. | Suite 201
Mt. Pleasant, SC 29464