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Assisted Living Facilities

INsight Interview with David Farnbauch explaining Assisted Living Facilities. 

Video Transcript:

Q: Welcome back to INsight. We’re with Dave Farnbauch, from Sweeney Law Firm, and we want to talk about assisted living facilities. These are growing in popularity. More and more people are going into assisted living.

A: Dirk, every time you turn around in Fort Wayne, they’re putting up a new assisted living facility.

Q: And what does that mean, just, I mean, it’s kind of like organic or natural or whatever. I mean, does assisted living mean something specific?

A: Well, assisted living, you know, how I would define “assisted living” is elderly people that need assistance with basic activities of daily living, but it’s felt that they aren’t quite ready for a skilled long term nursing home facility.

Q: But are they regulated, I guess? Is one assisted living going to offer the same services as the second assisted living, as the third as the fourth?

A: Yes, and, of course, obviously, we approach this from the safety standpoint and when you ask are assisted living facilities regulated, what’s interesting, I brought in a couple of things for the viewers to look at. This is the, what we call the watermelon book. This is the book of regulations, federal regulations that govern skilled nursing home care. They say it’s the second most heavily regulated industry in the United States. So, obviously, lots of rules and regulations that must be followed. These are the regulations that govern what we call a rehabilitation facility, a residential rehabilitation, or residential facility in the state of Indiana. You know, the regulations are, you know, a few pages. So, people have to understand that when you put a resident into a facility, who has some medical needs, for example, a lot of these assisted living facilities have memory units, they have units that are designed to take care of Alzheimer’s and dementia patients. Well, those patients have a lot of medical needs and they need a lot of supervision and these regulations, while they do have some regulations in place that require certain level of staffing and sort of oversee what the staff can do, from a medical standpoint, it’s not anywhere near the level of care that you’re going to get in a nursing home.

Q: So, the term “skilled nursing” means skilled nursing?

A: You’re going to get round the clock skilled nursing care and a lot tighter oversight over those residents to, for their safety and to prevent accidents and to make sure that they’re safe. 

Q: If my loved one truly just needs assistance, is there a best way to evaluate from one facility to the other?

A: Well, once again, the Indiana State Department of Health, they have score cards for these residential facilities. There’s information you can get from the Indiana State Department of Health website as to whether they’ve been cited for violations of the Indiana State Department of Health regulations.

Q: We were talking before we went on the air about the, don’t be fooled just because it’s clean and well maintained and beautiful grounds.

A: Right. Dirk, I think there’s just, there is still a stigma, families don’t want to put their loved one in a nursing home. So, they think to themselves, okay, we’ll just put Mom or Dad in an assisted living facility. It’s not really a nursing home. But I think what you really have to carefully evaluate is is this the right fit for that resident’s level of acuity or their needs. I think a lot of people get placed in an assisted living facility that really actually need to be in a nursing home and sometimes with tragic consequences that if your loved one needs a lot of care and oversight, it could be dangerous being in an assisted living facility.

Q: You can learn more at Sweeneylawfirm.com. We’ll be right back on INsight.

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Medication Errors in Fort Wayne Nursing Homes: When Is It Malpractice?

When we place a loved one in a Fort Wayne nursing home, we expect them to receive careful, attentive medical care. Unfortunately, that’s not always what happens. Medication errors are among the most common—and most dangerous—forms of nursing home neglect. These mistakes can result in serious injury or even death, especially for elderly residents who rely on precise, timely treatment. But when does a medication error go from being a mistake to medical malpractice? Understanding the difference is essential if you suspect your loved one has been harmed. In this post, we’ll explore how these errors happen, what makes them legally actionable, and what steps you can take to protect your family member. What Counts as Nursing Home Neglect? Not all mistakes are malpractice—but many stem from deeper issues of nursing home neglect. Neglect happens when a facility fails to meet the basic standards of care required by law. When it comes to medication, this can look like: Skipping scheduled doses Administering the wrong medication Giving the wrong dosage Failing to monitor side effects or reactions Not verifying drug interactions or allergies These errors can result in anything from minor discomfort to hospitalization or worse. And sadly, in many cases, they’re not isolated incidents—they reflect poor training, understaffing, or even deliberate cost-cutting measures. When Is a Medication Error Considered Malpractice? For a medication error to rise to the level of malpractice, several legal elements need to be present: Duty of care: The nursing home owed a legal obligation to provide proper medical treatment. Breach of duty: That duty was violated (e.g., a nurse failed to follow dosage instructions). Injury or harm: The error caused significant harm to the resident. Causation: There’s a direct link between the error and the injury. If a Fort Wayne nursing home administers medication improperly and your loved one suffers a stroke, severe reaction, or preventable death as a result, that could qualify as nursing home malpractice. This guide from the National Institutes of Health dives into the systemic nature of medication errors in long-term care facilities. What Should You Do If You Suspect a Medication Error? If you believe your loved one has been affected by a medication error in a Fort Wayne nursing home, here are some immediate steps to take: Document everything. Note symptoms, dates, medications, and any communication with the staff. Request medical records. These can be critical in determining whether an error occurred. File a complaint. You can report the facility to the Indiana Department of Health. Consult a nursing home injury lawyer. An attorney can review your case, explain your options, and fight for justice. At Sweeney Law Firm, we focus on representing individuals and families harmed by negligence in Indiana nursing homes, including cases involving medication errors. Why Medication Errors Are So Common in Fort Wayne Nursing Homes Sadly, many long-term care facilities in Fort Wayne and across Indiana face chronic staffing shortages. Overworked nurses and aides are more likely to make mistakes, skip steps, or overlook warning signs. Other contributing factors include: Poor training and onboarding for new staff Lack of internal medication tracking systems Communication breakdowns between medical professionals High turnover rates among nursing home staff These issues often lead to a cascade of preventable harm—yet few families know they have legal options when things go wrong. Frequently Asked Questions What is considered nursing home neglect? Nursing home neglect includes any failure to meet a resident’s basic needs—like food, hygiene, safety, and medical care. Medication errors can fall under neglect if they result from careless or substandard treatment. Can I sue a nursing home in Fort Wayne for a medication error? Yes, if the error resulted in serious harm and involved a breach of care, you may have grounds for a malpractice claim. Consult with a nursing home injury lawyer to evaluate your case. How do I prove a medication error occurred? Medical records, witness statements, expert testimony, and staff documentation can all help prove an error took place and caused harm. What kind of compensation is available in these cases? Compensation may include medical expenses, pain and suffering, relocation costs, and in severe cases, wrongful death damages. How much does it cost to hire a nursing home injury lawyer? Most personal injury and malpractice lawyers, including those at Sweeney Law Firm, work on a contingency fee—meaning you pay nothing unless we win your case. Holding Fort Wayne Nursing Homes Accountable Medication errors can have tragic consequences, but families in Fort Wayne don’t have to face this crisis alone. At Sweeney Law Firm, we understand how emotional and overwhelming it is to suspect your loved one has been harmed by nursing home neglect. Our legal team is committed to investigating, advocating, and seeking justice on your behalf. Contact us today for a consultation. Let us help you take the next steps toward protecting your family and holding negligent nursing homes accountable.

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