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An alarming one out of ten elderly Americans suffer abuse at the hands of caregivers, most frequently in nursing homes and other elder-care facilities. The elderly are vulnerable to abuse due to physical frailty, increased instances of cognitive decline, and speech impairments like aphasia, making it difficult or impossible for the elderly to report their abuse to loved ones or authorities. Elder abuse in Arizona and elsewhere has devasting effects on the abuse victim and adverse socioeconomic impacts on the state and country.
Nursing homes in Arizona and elsewhere in the U.S. are commonly understaffed and have high staff turnover rates. This results in overwhelmed, under-trained caregivers with an unrealistic ratio of caregivers to residents. Tired, over-burdened caregivers are more likely to exhibit neglectful or abusive behaviors to the elderly in their care. Poor supervision by floor managers also allows common types of elder abuse such as physical abuse, emotional abuse, financial abuse, and sexual abuse to occur to elderly victims.
Acts of intentional physical violence against an elderly individual are egregious, but this isn’t the only type of elder abuse in Arizona and facilities nationwide. Abuse takes many forms, all with consequences that can quickly become catastrophic for an at-risk senior. Aging individuals are medically fragile and may experience long-term impacts from abuse including diminished quality of life and shortened life expectancy. Common types of elder abuse in Arizona and across the U.S. include the following:
Arizona §ARS-13-3623, the law describes the abuse of vulnerable children, elders, and other vulnerable adults in the following way: “Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense…” This applies to nursing homes and other living situations in which elders face abuse or neglect. and nursing home administrators who are disconnected from the daily activities of residents in their care increase the risk of elder abuse in nursing homes.
Under Arizona Revised Statute (ARS)13-3623, the law describes a “vulnerable adult” as anyone over the age of 18 who cannot care for themselves due to physical or mental disabilities. Under this statute, the law may prosecute caregivers for recklessly, knowingly, or intentionally causing physical or emotional harm or neglect to a vulnerable adult such as an elderly individual. Under ARS-13-3623, Arizona classifies the severity of these offenses by the seriousness of the harm caused to the victim with provisions and penalties for misdemeanors and felony violations. Under this law, if harm that’s likely to cause severe physical injury or death is knowingly or intentionally caused to an elder, the perpetrator could face class 2 felony charges. It’s a class 3 felony if the harm is caused by recklessness, and a class 4 felony if caused by criminal negligence. Under the same statute, if the abuse isn’t likely to cause death or severe injury, it’s a class 4 felony if done intentionally, a class 5 felony if recklessly perpetrated, and a class 6 felony if done with criminal negligence.
The only exceptions to the above legal charges with penalties occur when the elderly person refuses care personally or through a directive, or if they only allow spiritual treatment through prayer. When caregivers and nursing home staff members cause injuries to nursing home residents or the elderly in their care, they may also face civil penalties, including medical expenses and compensation for pain and suffering.
Elder abuse has serious impacts on the physical and emotional well-being of the vulnerable and medically fragile elderly. Worse, elderly victims of abuse may be unable or unwilling to report the abuse to authorities or loved ones out of fear of repercussions from other staff members or because they don’t wish to burden their family members. In some cases, a sense of shame or embarrassment may prevent the elderly from reporting abuse—particularly sexual abuse. Signs of abuse in the vulnerable elderly include the following:
It’s critical to be aware and watchful of the signs of abuse or neglect in elderly loved ones who depend on caregivers for their safety and care.
Elderly individuals who experience abuse or neglect are often unwilling to report their ill-treatment because of feelings of shame or the fear of repercussions from staff members, or because they fear being a burden to loved ones. They may also be unable to report abuse due to dementia or speech disorders. If you suspect a loved one has suffered elder abuse while in the care of professionals in a nursing home, assisted living facility, or in-home health care, it’s critical to seek a medical evaluation through a provider unaffiliated with the facility. Then, call a Phoenix elder abuse attorney in Arizona from Knapp & Roberts to represent your loved one’s best interests and demand justice and financial accountability for damages.
The personal injury attorneys in Phoenix, Arizona, at Knapp & Roberts have the compassion and trial lawyer skills to tell your story to a jury. We will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives. Obtain the compensation necessary for the injuries and losses you have suffered.
