Laws vary by state, but in many cases, the kind of medical treatment that an assisted living center can provide is limited by state law. This may be because some elderly patients may benefit more from hospice care or a facility that can provide 24/7 monitoring and treatment. The Ventura County Star reports on a facility facing a neglect lawsuit for failing to provide the quality and the amount of care a patient required.
The family of an 88-year-old former patient at Thousand Oaks assisted living center is suing the facility. The lawsuit alleges that the facility provided inadequate care to the resident. The facility was also allegedly not licensed to provide the services that the patient needed.
The senior at the center of the lawsuit, Charlene Behrschmidt, came to live at the facility in January 2016 and died in December 2016. Her death occurred just one day after being removed from the facility.
Thousand Oaks is a facility that caters to patients who are unable to care for themselves completely, but do not require round-the-clock care. Assisted living facilities are unlike nursing homes, which are licensed to provide medical services.
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Behrschmidt originally came to Thousand Oaks when dementia made it difficult for her to live alone. Shortly after arriving, she was diagnosed with the cancer that was listed as the cause of death on her death certificate. During her time at Thousand Oaks, she developed a pressure sore and often had to wait 45 minutes to have her diaper changed or to receive pain medication.
The lawsuit cites California state regulations stating that residential care facilities cannot admit or retain patients who are wholly dependent upon others for providing the basic necessities of everyday living.
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