Case Study
Practice Areas
Phoenix Nursing Home Injury Attorneys
Fighting for Victims of Nursing Home Abuse & Neglect
Nursing homes are meant to be a valuable resource for our elderly population – a place where they can thrive without having to worry about the stress of living alone. Unfortunately, a segment of this population regularly encounters neglect and abuse.
According to the National Council on Aging, one in ten elderly Americans is abused in a nursing home each year. However, these numbers don’t tell the whole story, as abuse is typically under-reported.
If you have witnessed, experienced, or suspected elder abuse or neglect of any kind at a nursing home or assisted living facility, do not wait to contact a Phoenix nursing home abuse lawyer at Cullan & Cullan. We can explain your rights and options, and what you can do right now to stop the abuse and hold at-fault parties accountable.
Our firm is passionate about preserving the rights and dignity of our elderly loved ones. Let us help you and your family seek justice and fair compensation.
For a free review of your case, call our nursing home abuse attorneys in Phoenix at (602) 397-7600.
Nursing Home Abuse Defined
Elder abuse can take many different forms, including:
- Physical abuse
- Emotional abuse
- Neglect
- Sexual abuse
- Abandonment
- Financial abuse
The Department of Health and Human Services defines elder abuse as a willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment that results in pain, physical harm, or anguish. This is done by a person, including a caregiver, depriving someone of goods or services needed to avoid physical harm, anguish, or mental illness.
Physical abuse may be slapping, hitting, or improperly using restraints. Neglect and emotional abuse are harder to define, as each situation is unique. Generally, we define neglect as the failure of any caregiver, whether hired or family, to provide basic necessities to an elder. These needs are related to shelter, food, medical care, and hygiene.
Common Types of Nursing Home Abuse
Our elderly loved ones are especially vulnerable because they may be unable to vocalize when something is wrong.
Common examples of nursing home abuse include:
- Medication errors. Overdosing or prescribing the wrong kinds of medications can greatly decrease one’s quality of life.
- Falls. As we age, our bodies become weaker and we are more easily injured. A simple fall can lead to broken bones and permanent consequences.
- Bed sores – also called decubitus ulcers. Elderly persons who cannot get out of bed must be moved often to avoid the development of painful ulcers. Neglecting to do so can result in serious injury.
- Malnutrition and dehydration. Make sure your loved one has adequate access to quality food and water (or feeding tubes, if necessary). Watch for evidence of dry lips or weight loss.
- Sepsis. Categorized by severe infection and fever, raised heart rate, pain, and inflammation, sepsis occurs in three stages: sepsis, severe sepsis, and septic shock.
Elder Abuse & Neglect in Arizona: Who’s Liable?
If an elder is abused in a healthcare or nursing home setting, the facility may be liable for a number of reasons:
- Understaffing
- Negligent hiring
- Errors in dispensing medication
- Lack of adequate training
- Failing to fulfill obligations
Nursing home facilities are responsible for the actions of their employees, a term known as “vicarious liability.” If a third party vendor is involved, it may also be held liable for negligence. For example, if a nursing home hires the help of an outside physician who negligently prescribes medication, the third party practice may also be liable for damages.
Compensation for Nursing Home Abuse
If you or a loved one has experienced nursing home abuse, it is essential to know the types of compensation you may be entitled to receive. There are several forms of compensation available to victims of elder abuse, such as:
- Medical expenses: Medical expenses may include costs related to hospitalization, rehabilitation, or ongoing medical care resulting from the abuse.
- Pain and suffering: Pain and suffering damages attempt to compensate the victim for the physical and emotional pain caused by the abuse.
- Emotional distress: Emotional distress compensation provides recovery for anxiety, depression, and any mental or emotional suffering that resulted from the abuse.
- Punitive damages: Punitive damages are intended to punish the perpetrator (caregiver and/or facility) for malicious or intentional acts.
If you or someone you love has experienced nursing home abuse, it is crucial to speak with a Phoenix nursing home abuse attorney who can help you understand your options and guide you through the legal process of recovering compensation.
Statute of Limitations: Your Time to File Is Limited
As per the statute of limitations for nursing home abuse in Arizona, victims of elder abuse have two years to file a claim against the perpetrator of the abuse or the nursing home that allowed it to occur. However, it is important to note that the statute of limitations can vary depending on the circumstances of the case.
While this timeline may seem short, it is essential for victims of abuse to seek legal counsel from Cullan & Cullan as soon as possible to ensure their rights are protected. Legal action can not only hold the responsible parties accountable but can also provide compensation for the damages suffered by the victim and their families.
Recognizing the Signs of Nursing Home Abuse
Some of the most common signs of nursing home abuse and neglect include:
Physical Injuries
One of the most obvious signs of nursing home abuse or neglect is physical injuries. These can include bruises, cuts, burns, or broken bones. If a loved one suddenly has unexplained injuries, it is important to investigate further and ask questions.
Changes in Behavior
Another sign of nursing home abuse or neglect is a sudden change in behavior. This can include becoming withdrawn, anxious, or depressed. It may also manifest as changes in sleeping patterns or appetite. If a loved one's behavior suddenly changes, it could be a red flag for potential mistreatment.
Poor Hygiene
Neglect in a nursing home can also be seen through poor hygiene of residents. This could include dirty clothes, unwashed hair, or lack of bathing and grooming. Neglecting basic hygiene needs can have serious consequences for the health and well-being of residents.
Malnutrition or Dehydration
If a resident is not receiving proper care and attention from staff members, they may experience malnutrition or dehydration. Signs of this could include weight loss, weakness, dizziness, dry skin, and frequent infections.
Unsanitary Living Conditions
Nursing homes are required to maintain clean and sanitary living conditions for their residents. If you notice unsanitary conditions such as dirty bathrooms, moldy food, or pests in the facility, it could be a sign that the staff is not properly caring for the residents.
Lack of Staff Attention
Lastly, if you visit your loved one in a nursing home and consistently notice that they are not receiving adequate attention from staff members (e.g., call lights going unanswered), it could be an indication of neglect or understaffing at the facility.
Reporting Nursing Home Abuse in Arizona
If you suspect nursing home abuse, neglect, or exploitation, you should file a complaint with the Arizona Department of Health Services (ADHS) or report the abuse to Arizona Adult Protective Services (APS). You can also contact our firm for guidance.
- Submit an online complaint form with the ADHS
- Frequently asked questions about filing a complaint
- Report abuse to Arizona Adult Protective Services
If the situation is an emergency, call 911 or the local police immediately.
Your Phoenix Nursing Home Abuse Attorneys
If you suspect your loved one is being abused or has been injured through someone else’s negligence, you may be eligible for compensation. Nursing home employees are required by law to exercise reasonable care around their residents and tend to their daily needs. Failure to act accordingly is considered negligence.
Contact our nursing home abuse attorneys in Phoenix at (602) 397-7600 or a free case evaluation. We offer our services on a contingency-fee basis, so you only pay if we win.
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