Hawaii Nursing Home Abuse and Assisted Living Facility Accidents:
In the State of Hawaii, an injury to a nursing home/assisted living facility resident (or visitor) caused by the negligence of a caregiver or property owner is actionable as a personal injury claim. In a nursing home abuse or accident case, the injured victim may have the right to a financial settlement no different than an auto accident, premises liability or other personal injury claim.
When we are forced to make the difficult decision to help our loved ones, or even ourselves, make the move into supervised care at a nursing home or assisted living facility, we all hope that the treatment provided is safe and compassionate. The choice to move to a nursing home or assisted living facility is usually based on the professional supervision and training of caregivers at the home or facility. Such supervision and training is reflected in the price paid by individuals and families to the nursing home or assisted living facility.
Unfortunately, and despite the exorbitant prices paid to these facilities, the care is not always what the resident or his/her family expects. Worse, negligent care or neglect in a nursing home or assisted living facility oftentimes results in serious injuries or death to the resident. The number of nursing home injuries caused by negligent, reckless and intentional acts by caregivers has skyrocketed.
Nursing home/assisted living accidents are among the most difficult type of personal injury claims in Hawaii. No one wants to see a family member, loved one, or client suffering due to an act or omission by those who we rely upon to care after our loved ones. Additionally, due to the victim's declining health, an injury suffered in a nursing home or assisted living facility can have a devastating impact on the victim's quality of life.
Federal regulations for assisted living facilities, dictated jointly by the Department of Health and Human Services and Centers for Medicare & Medicaid, require that:
The facility must ensure that (1) the resident environment remains as free from accident hazard as possible; and (2) each resident receives adequate supervision and assistance devices to prevent accident.
Of course, not all hazards can be eliminated and it is important to balance safety with the respect and autonomy of residents. However, these guidelines indicate that there are steps that can and should be taken to mitigate risk to residents. Due to the varying physical and psychological condition(s) of residents in nursing homes and assisted living facilities, caregivers must not only be properly trained but also be constantly vigilant in identifying potential risks to residents. Common accidents to assisted living residents include:
- Slip/trip and fall
- Injury caused by defective/misapplied equipment
- Failure of staff to provide adequate supervision
- Medication mismanagement
- Elopement – wandering off
If you believe you or a loved one has been injured in a nursing home or assisted living facility accident, please contact us today to schedule a free consultation. To schedule an appointment, please call or text (808) 348-7800 or if you prefer to submit your inquiry via email please complete the "Contact Our Firm" box to the right. We look forward to speaking with you.