Neglect in a CBRF or assisted living facility can have devastating consequences for residents who rely on staff for daily care, safety, and dignity. Living in a community-based residential facility (CBRF) or assisted living facility is an option for aging individuals who need (or want) access to daily support and care but who do not need all of the services offered in nursing homes. As the Wisconsin Department of Health Services explains, “[a] CBRF is a type of assisted living facility… [where] residents… get care that’s beyond room and board… includ[ing] up to three hours per week of nursing care.” These Community-Based Residential Facilities (CBRFs) are meant to provide a supportive, dignified environment where residents can age safely and comfortably. Unfortunately, neglect is far too common. When facilities fail to meet even basic standards of care, residents can suffer serious harm, requiring both medical intervention and legal action.
As a CBRF or assisted living facility resident (or as the family member of a resident), it is important to understand what constitutes neglect in the assisted living setting. If you or a loved one experiences neglect, you should seek help promptly. Getting medical attention should be your first priority, and then you should consult with a CBRF neglect lawyer as soon as possible.
With this in mind, what constitutes neglect in a community-based residential facility or assisted living facility? Here are some all-too-common examples of neglect in a CBRF:
One of the most common forms of neglect in a CBRF or assisted living facility involves failing to meet residents’ basic needs. Depriving residents of proper nutrition or hydration, failing to assist residents with their medications, and failing to assist residents with maintaining personal hygiene can all be considered neglect when CBRFs fail to provide the care to which their residents are legally entitled.
Failing to maintain sanitary living conditions is a common form of neglect in a CBRF as well. Similar to other types of assisted living facilities, CBRFs must ensure that their facilities meet the cleanliness and sanitation standards established by Wisconsin law.
Along with maintaining sanitary facilities, CBRFs must also promptly address any safety hazards on their premises that present risks for resident injuries. These include slip-and-fall and trip-and-fall hazards, among others. If a CBRF cannot remedy a safety hazard immediately, then it must either prevent access to the dangerous area or provide residents with an appropriate warning.
While CBRFs and assisted living facilities do not have an obligation to provide medical care directly (and generally cannot provide medical services beyond nursing care), they do generally have an obligation to assist residents who are in distress. If a CBRF fails to seek emergency care for a resident who has suffered a serious injury or who is experiencing another significant health issue (i.e., a seizure or heart attack), this can constitute a clear form of neglect if the CBRF was aware, or should have been aware, of the resident’s situation.
Like all employers in Madison, CBRFs and assisted living facilities have a legal duty to make informed hiring decisions and adequately supervise their staff. If a community-based residential facility fails to prevent misconduct by one of its staff members (i.e., stealing a resident’s medications or intentionally harming a resident), this can also serve as grounds to hold the CBRF responsible for neglect.
Isolation, abandonment, confinement, and general neglect of residents’ needs can also serve as grounds to hold CBRFs responsible for residents’ injuries, illnesses, and deaths. While CBRFs are not necessarily held to all of the same standards as nursing homes and other long-term care facilities in Madison, they can still be held responsible in a wide range of circumstances.
Again, these are just examples. If you have concerns about neglect in a Madison CBRF for any reason, we strongly encourage you to seek advice. Neglect is an issue that rarely goes away on its own—in fact, it is more likely to get worse. Our lawyers can help you understand your (or your loved one’s) situation for free; and, if you need to take legal action, we will represent you and your family at no out-of-pocket cost.
If you have questions about neglect (or possible neglect) in a Madison community-based residential facility, we invite you to get in touch. Our lawyers represent residents and families statewide.
To speak with an experienced Madison CBRF neglect lawyer at Boller & Vaughan for FREE, give us a call at 608-268-0268 or request a confidential consultation online today.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
