In the final years of their lives, our elderly family members deserve high-quality care with respect for their individuality and human dignity. Nursing homes promise family members that they will uphold this right. Yet, the National Council on Aging (NCOA) warns that one in ten seniors suffer from abuse, including hundreds of thousands of nursing home abuse cases each year.
Learning that a vulnerable loved one suffered abuse from those tasked with their care is devastating for family members, especially when the abuse causes injury, illness, shortened life expectancy, or the wrongful death of the elderly loved one. While nothing can erase the harm caused, a Phoenix nursing home abuse lawyer can help victims and their families seek justice. Abuse survivors or their loved ones have the right to file a lawsuit against the nursing home to pursue financial compensation for the undue hardship caused, as well as for the pain, suffering, and emotional anguish endured.
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How to Sue a Nursing Home for Negligence In Arizona
Understanding Abuse In Arizona Nursing Homes
“Nursing home abuse” is a general term used to describe many adverse actions from nursing home caregivers, staff, and administrators that directly cause harm to a resident. The most common types of nursing home abuse are those described below.
Physical Abuse
The physical abuse of a fragile elderly person in a nursing home is an egregious, unthinkable occurrence. Physical abuse in Arizona nursing homes refers to any mistreatment by caregivers and staff that causes physical pain and injuries, including hitting, kicking, pushing, pinching, and unnecessary physical restraint. An alarming 24.3% of family members of nursing home residents interviewed in a study reported at least one instance of physical abuse.
Nursing Home Neglect
Neglect is the most common form of nursing home abuse. Nursing home neglect includes medication mistakes, failing to ensure that a resident has adequate fluid and food intake, failure to prevent or treat bedsores, failure to ensure that a resident has proper hygiene and a clean room and bedding, and failing to prevent and treat illnesses. One study revealed that 12% of nursing home staff members admitted to neglecting residents in their care.
Emotional Abuse In Nursing Homes
Emotional abuse has devastating effects on elderly nursing home residents, yet 81% of nursing home caregivers admitted in a study that they’ve witnessed emotional abuse against their residents by other staff members. Examples of emotional abuse include yelling, berating, name-calling, threatening, intimidating, and intentionally isolating residents.
Sexual Abuse
Only 1.9% of nursing home residents reported sexual abuse in a recent study, but the numbers are widely believed to be underreported. Sexual abuse includes all forms of unwanted sexual contact and sexual assault by caregivers, staff, other residents, or visitors.
Financial Exploitation
This type of abuse occurs when a nursing home caregiver or staff member gains access to a resident’s bank accounts and financial resources and makes unauthorized transactions. Financial exploitation also occurs through coercion or intimidation.
How Does the Lawsuit Process for Nursing Home Abuse In Arizona Work?
When a family suspects abuse or their elderly loved one reports nursing home abuse, it’s essential to have a full medical evaluation of the nursing home resident conducted by a doctor who is not affiliated with the facility. Then, report the abuse to the nursing home administration, the local police, and Arizona’s Adult Protective Services (APS). Then, call an experienced nursing home abuse lawyer. The process of suing a nursing home occurs as follows:
- The attorney investigates the abuse by examining medical records and the nursing home records and interviewing staff and eyewitnesses
- The attorney carefully documents evidence to make a compelling case for the facility’s liability
- They examine the financial impacts to the resident and their family to calculate the financial damages
- They assess the non-economic impacts such as the pain and suffering the resident endured and the family’s emotional anguish
- The attorney files a lawsuit and a direct claim against the nursing home’s liability insurance with a demand package listing their findings
- Negotiations take place between the attorney and the insurance adjuster assigned to the case, sometimes including mediation meetings with all parties
- Most Arizona nursing home abuse cases end with a settlement for the resident or their surviving family members if the nursing home abuse caused the wrongful death of the resident
If the insurance company fails to offer an acceptable settlement, the lawsuit goes to court for the attorney to present evidence to the jury. The court process takes longer, but sympathetic juries tend to award large amounts to injury victims and their families.
Although a successful nursing home abuse lawsuit in Arizona cannot erase the physical and emotional harm caused by the abuse, it provides financial compensation and a sense of justice.
Signs of Nursing Home Abuse
It’s crucial for the families of nursing home residents to be vigilant and watchful for signs of nursing home abuse. These include the following:
- Unexplained injuries
- Sudden weight loss
- Medication mistakes
- Dry, cracked lips and skin
- Infected bed sores
- Broken personal items, such as glasses and dentures
- Poor hygiene
- Torn or bloodied sheets or clothing
- Restraint marks
- Uneaten meals remaining in the room
- Bruises or bleeding from or around the private parts
- Social withdrawal
- Sudden personality changes
- Unexplained financial transactions
- Reluctance to speak in front of caregivers
If you notice signs of nursing home abuse in an elderly loved one, it is helpful to document evidence by using your phone’s camera to photograph anything relevant, such as bruises, broken items, or torn clothing. Then, arrange a full medical evaluation. It’s important to take prompt action by preserving evidence and hiring an attorney.
What Is the Statute of Limitations for a Nursing Home Abuse Lawsuit In Arizona?
A lawsuit against a nursing home for abuse or neglect is a type of personal injury lawsuit. Under Arizona’s statute of limitations for personal injuries, the nursing home resident, their spouse, adult child, sibling, or personal representative may file a lawsuit against the nursing home for up to two years after the date the injury occurred or within two years of the discovery of the injury.
If you suspect your loved one has suffered abuse or neglect in a nursing home, don’t wait to take action. Contact Knapp & Roberts, your trusted Phoenix nursing home abuse lawyer, for a free consultation. Our experienced legal team is dedicated to fighting for justice and ensuring your loved one receives the care and compensation they deserve. Call us today to discuss your case.