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    One of the most prominent personal injury law firms in the tri-state region, the Locks Law Firm is steadfastly committed to protecting the rights of seriously injured victims.

    Free Case Evaluation
  • Medical Malpractice and Nursing Home Abuse
    • Nursing Home Abuse and Neglect
    • Hospital Acquired Infections
    • Medication Errors
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    • Needle Stick - CRPS

    Medical malpractice is any act by a health care provider that deviates from accepted standards of medical care and results in the personal injury, disability, or wrongful death of a patient. Nursing home abuse or negligence can take many forms. It can include physical, sexual, and emotional abuse, neglect, negligent care, and even financial exploitation.

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    Exposure to toxic chemicals in the workplace or environment can cause serious, sometimes fatal health problems, including cancer.

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  • Catastrophic Personal Injuries
    • Burns and Chemical Burns
    • Traumatic Brain Injuries
    • Spinal Cord Injuries
    • Wrongful Death

    Catastrophic personal injuries include brain and spinal cord injuries, severe burns, carbon monoxide poisoning and, most seriously, death.

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    At the Locks Law Firm, our pharmaceutical litigation and defective drug lawyers are committed to serving personal injury victims and are well versed in the product liability laws that protect consumers.

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Locks Law Firm

Philadelphia, PA

(215) 893-0100

Cherry Hill, NJ

(856) 663-8200

New York, NY

(212) 838-3333

Roseland, NJ

(973) 671-1940

Locks Law Firm

Philadelphia, PA

The Curtis Center
Suite 720 East
601 Walnut Street

Cherry Hill, NJ

801 North Kings Highway

New York, NY

800 Third Ave 11th Floor

Roseland, NJ

3 Becker Farm Road
Suite 105

Locks Law Firm

Philadelphia, PA

[email protected]

Cherry Hill, NJ

[email protected]

New York, NY

[email protected]

Roseland, NJ

[email protected]

Blog

Assisted Livings: “Buyer Beware”

The NY Times published an opinion article this week telling a story of long-term care that rings too true to be brushed aside.  Assisted livings: what are these facilities; what care are our loved ones actually receiving; and how much are they getting paid to do it?

The familiar tone continues to ring that Nursing Homes are overregulated through the federal OBRA regulations of 42 § CFR 483.1, et seq. and state regulations. What most are not aware of, however, is that Assisted Living facilities are only regulated by state law. (New Jersey, see N.J.A.C. 8:36 et seq.; PA see PA Code § 2800.1 et seq.; NY see Title 10 Assisted Living Residence (ALR) – Part 1001).  Without more stringent regulations directed toward resident safety and care, the direct relationship between the resident and the assisted living facility is more contractually based, with the assisted living corporation drafting, providing, and relying mainly on their own contract.  

So, what does this mean for ourselves and our loved ones? 

While we are drawn to the flashy appeal of the grand entrances, apartment-like rooms, and social-like atmosphere, consumers should be cautioned should they need medical assistance.  Peeling past the surface at assisted living facilities, one finds inadequate Registered Nurse staffing and supervision, residents with dementia on lockdown units needing increased supervision but receiving less supervision, and a failure to provide individualized care to meet the needs of each resident.

The problem is that assisted living facilities are attempting to provide skilled nursing care in their facilities normally associated with nursing home care, while increasing the cost to the resident; all while not being subject to the same detailed safety regulations as nursing homes.  Staff is untrained or unqualified to provide the level of care residents need and residents who are most in need suffer the consequences.

In every almost every assisted living case reviewed, families state that they wish they had known what they were truly buying into.  If you believe you or your loved one would benefit from care in an assisted living in order to avoid the stigma of a nursing home, resources are limited but available, including:

  • Speaking to the Ombudsmen’s office about facilities;
  • Researching the facility through Department of Health websites to learn of state survey citations.

It is imperative to speak with facility staff and admissions about the resident’s medical and supervisional needs and to work directly with the facility on meeting those individual needs.  Understand that as the resident’s needs increase, the pay structure will increase. At that point, asking the facility what “more supervision” and “nursing care provided by licensed staff” means is crucial to clarity of the direct care services the facility is claiming they will provide.  Asking for staffing information on Registered Nursing versus Licensed Professional Nursing staff and how, specifically, is staff increasing direct care for an increase in payment are starting points.

When it comes to assisted living, the most important question as a long-term care consumer to never shy away from asking: does my loved one need more care than what an assisted living is willing and/or able to provide?

Locks Law Firm has a department of attorneys experienced in advocating and litigating matters on behalf of residents injured in nursing homes and assisted livings in New Jersey, Pennsylvania, and New York.  If you feel you or a loved one have suffered an injury as a result of the care of an assisted living or nursing home, our firm stands ready to review and assist with any potential claims.  Please contact us today.

Victoria A. Schall

Victoria A. Schall

Partner
Cherry Hill Office
Victoria brings passion and dedication to her practice of representing victims of medical negligence by doctors, hospitals and nursing homes.
September 3, 2019 Victoria A. Schall

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Locks Law Firm only provides legal advice after having entered into an attorney client relationship, which our website specifically does not create. Conversations that originate from website messaging, chat or other two way web based engagement  do not create an attorney client relationship. It is imperative that any action taken be done on the advice of counsel. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases. The firm practices law in Pennsylvania, New Jersey & New York as Locks Law Firm. Super Lawyers, Best Lawyers in America and other organizations that rate attorneys are not designations that have been approved by the State Supreme Courts or the American Bar Association.