Adult Daycare Negligence Lawyer

When their health starts to decline, elderly individuals face increasing challenges. Their bodies undergo numerous changes, often making them more reliant on others to survive. Their minds may also be going through a cognitive decline, affecting their ability to care for themselves. 

Many aging adults’ caregivers face constant challenges, whether paid for their services or related to these seniors. 

Adult daycare is one service that can significantly enhance the quality of life of an aging adult with medical needs. However, there are also some safety concerns with these programs that can create opportunities for elder abuse or neglect. 

What is Adult Daycare?

Adult day care centers are like temporary nursing homes. Some provide more medical services during the day to meet the needs of aging adults, while others focus on social activities and supervision. An adult day care center is different from an assisted living facility, which is equipped to handle greater needs on a 24/7 basis. 

Seniors may use these programs to receive medical care services and socialization during the day. It is also a safe environment because they are being supervised, which may be impossible at home during the day. Adult day care facilities are a viable alternative for elderly individuals who do not need the full services of a nursing home. 

The Role of Adult Daycare in Supporting Seniors and Families

When operating correctly, these programs play a vital role in healthcare. Many seniors’ primary caregivers are family members or paid in-home staff. These individuals have difficult jobs when caring for adults with significant medical needs. An adult day care program can provide a helpful reprieve for caregivers. 

Additionally, these programs’ various services can provide peace of mind for elderly individuals and their family members. Instead of worrying about caring for themselves alone, they can engage socially with others at the facility. 

They will be supervised by volunteers or professionals trained to meet their needs or call for medical assistance if necessary. With this socialization, engagement, and health monitoring service, caregivers have more time during the day.

Negligence in Adult Day Care Centers

If you have an elderly loved one involved in adult daycare facilities, it is essential to remain vigilant. These programs can create opportunities for elder abuse or neglect, such as verbal abuse. If these centers are responsible for the suffering of your family member, they could be held accountable for abuse and neglect. 

The Duty of Care in Adult Daycare

Like an assisted living facility or nursing home, an adult day care center has a duty of care toward its participants. It must provide a safe and supervised environment for all guests, which means preventing various types of elder abuse. Failing to meet this standard is the first circumstance needed for an adult daycare negligence lawsuit. 

Other elements that must be proven in your case include a breach of duty of care, causation, and legal damages. These centers are obligated to protect guests from sexual abuse, physical abuse, psychological abuse, and other forms of mistreatment, so allowing these events to occur opens facilities to potential lawsuits. 

Common Forms of Negligence

Negligence occurs when the staff or caregivers at an adult day care facility fail to provide for a guest’s needs. This neglect could place the individual in danger, causing them to get hurt, sick, or abused. 

Some common forms of neglect may occur at an adult day care facility. These are similar to negligence that happens in nursing homes, such as inadequate nutrition, unexplained injuries, or wrongful death. 

Inadequate Supervision

Supervision is essential for older adults with medical needs to receive adequate care, especially if they have medical problems. Elderly individuals are vulnerable to many health conditions and potential accidents, such as falls or slips. 

Many neglect cases occur because the facility staff does not supervise the participants enough. They could fall over, wander off, or get hurt when left to themselves for too long. 

Additionally, the lack of supervision can make it easier for abusive individuals to take advantage of older adults. Abuse and neglect are easier to get away with when no one is looking, so day care facilities must maintain adequate staffing for total supervision. 

Medication Errors

Many seniors require regular medications for their aches, pains, and health conditions. Often, caregivers are tasked with helping guests take their prescribed drugs. Unfortunately, mistakes can be made when administering medication, and these errors can place patients at risk of unnecessary injuries, worsening conditions, or health complications. 

Some common medication errors include administering the wrong drugs, giving incorrect dosages, or failing to provide the needed medications. 

Neglect of Basic Needs

Assisted living facilities are defined by their medical services and daily living assistance. The staff also provide many of these services at an adult day care center. Basic needs like food, water, hygiene, or assistance with the bathroom are essential tasks that must be carried out for seniors who need help. 

When adult day care center staff or volunteers neglect these basic needs, the individual may suffer. They could contract a disease associated with poor hygiene from other patients or be in danger of hurting themselves when they attempt to use the bathroom alone. 

Physical or Emotional Abuse

Elder abuse often manifests as physical or emotional mistreatment. Workers at the adult day care center may physically harm participants or emotionally abuse them. This can lead to unnecessary injuries and emotional distress. 

Emotional and other forms of abuse are prevalent in facilities where employees or volunteers feel overworked. Their stress and frustration can quickly escalate to instances of physical abuse or emotional manipulation, such as shouting at, threatening, or isolating the elderly individual. 

Failure to Respond to Emergencies

Emergencies can happen in these community settings, so staff must be trained to handle them appropriately. If an older adult is in danger, the staff must know how to respond and protect the individual from harm. Failing to provide immediate medical attention or alert those who can may result in negative outcomes for the individual or other patients.

Injuries and Harm Caused by Adult Day Care Abuse

Whether staff members or other seniors harm the adult day care center participant, their suffering could be substantial. Here are some potential consequences of adult day care abuse and neglect. 

Physical Injuries

Neglect, physical abuse, and lack of supervision can all lead to physical symptoms for the participant. If they are being abused with force, they will suffer common injuries that come with physical pain. 

A fall at an adult day care could cause broken bones or head injuries. If a person is left unattended and in one position for too long, they could develop pressure ulcers that eventually become infected. If you notice these warning signs in your loved one in an adult day care center, they may be a victim of abuse or neglect. 

Emotional and Psychological Harm

Suffering from negligence or abuse can have a psychological effect on the victim as well. A person may develop mental health issues like anxiety, depression, or post-traumatic stress disorder. The mental impact of the fall or physical abuse can last for many years. 

Worsening of Medical Conditions

Seniors who are being neglected or abused in an adult day care tend to see their health decline faster. Their bodies and minds are already in fragile states, so adding mistreatment to the fold can escalate their challenges. 

If they have a pre-existing medical condition, it can grow worse. They may also develop new health problems, such as bodily injury, due to adult day care abuse and neglect. 

Legal Options for Elder Abuse Victims in an Adult Day Care Program

Abuse and neglect at an adult day care facility should not go unpunished. You must report these issues to protect your loved ones and future participants of these programs. 

Fortunately, there are legal options for holding the center and its staff members accountable if you or a family member are abused or neglected. You can also fight for fair compensation for the damages suffered.

Holding the Daycare Center Liable

You can pursue compensation for your suffering if you have legal grounds to hold the daycare facility liable for damages. This will punish the institution for failing to provide adequate care while covering your losses. 

You must prove that the center has a duty of care to uphold, that they breached that duty, that there is a causal link between the defendant’s actions and the harm you suffered, and that you suffered legal damages. 

Types of Compensation Available

Abuse or neglect in a nursing home or day care setting can result in numerous legal damages. Some of the most common damages in these cases include medical bills, physical pain and suffering, emotional distress, lost wages for the caregiver or injured party, and loss of quality of life. You can seek financial compensation to cover these losses with a competent lawyer.

The Role of an Adult Daycare Negligence Lawyer

A personal injury law firm can play a crucial role during the legal process. Hiring an attorney specializing in adult daycare abuse will increase your chances of winning fair compensation. Here are a few ways the right law firm can help you navigate the legal process successfully. 

Investigating the Incident

An investigation is necessary to determine the truth of the situation. Your elder abuse attorney will investigate the circumstances of the abuse or neglect, gather evidence to support your claim, and interview witnesses to corroborate your story. 

The sooner you take these legal steps in response to suspected abuse or neglect, the easier it will be to gather strong evidence for your case. 

Negotiating with the Daycare Center and Insurance Company

In most cases, a settlement will be reached between the plaintiff and the nursing home or day care center. However, before an agreement is reached, there will likely be a negotiation between you, the facility, and their insurance company. 

Navigating this process alone could lead to a lower settlement offer. A legal professional will know how to negotiate maximum compensation to cover all your losses. 

Litigating the Case

Filing a lawsuit is complex, especially if your case advances to a court proceeding. In this scenario, your case will be argued by a judge and jury, who will then decide on the outcome and a fair settlement. 

You must have a lawyer alongside you to help navigate the trial successfully. This individual will represent your interests, protect your rights, and build a strong case against the at-fault party to increase your chances of winning. 

Contact an Adult Daycare Abuse Attorney Now!

If you or a loved one are neglected at an adult day care facility, you have the right to pursue compensation for your suffering. The Nursing Home Law Center is ready to defend your rights and seek total compensation for your legal damages. Our goal is to pursue justice and hold the institution accountable for the mistreatment of an elderly individual. 

Contact us today at 800-926-7565 or complete the online form to request your free case review with an experienced attorney.