legal resources necessary to hold negligent facilities accountable.
Arizona Nursing Home Abuse Lawyer
Federal laws and Arizona statutes are i in n place to help you stand up for your family's legal rights to avoid neglect and abuse. If you, or loved one, suffered injuries in a nursing facility, contact the Arizona nursing home abuse lawyers at Nursing Home Law Center (800) 926-7565 today.
According to the information collected by Medicare, there are 149 licensed skilled nursing homes in Arizona. Based on the inspector's findings through investigations and surveys, the federal agency found that thirty-seven (twenty-five percent) of the state's nursing facilities fell below the national average after serious deficiencies and violations were identified.Nursing Center Abuse Injury FAQsWhat Is Abuse in Nursing Homes?
According to the National Institutes of Health, elder abuse in nursing facilities is widespread, harming over five million senior citizens every year. Unfortunately, many cases of abuse and neglect go unreported.
Most abuse victims know their abuser, who was likely a trusted friend, visitor, caregiver, or other residents. Many victims are extremely vulnerable, including those with dementia and disabilities. Abusive behavior includes:
- Verbal, psychological, and emotional abuse
- Sexual assault
- Monetary manipulation and financial exploitation, including theft of credit cards and bank accounts
- Physical assault
- Intentional neglect
The National Institutes of Health identify the three significant complaints of nursing home patients involving caregivers and other residents that include:
- Staffing problems – Many nursing facilities are understaffed or operated by untrained professionals who failed to follow established protocols and the resident's Care Plan.
- Depriving social interaction – Many residents feel isolated in their facility and barred from social interaction with other patients in common areas, religious services, and mealtimes.
- A lack of dignity and respect – Understaffing and poorly trained nursing assistants often lead to emotional abuse of patients in the facility when staff members neglect the resident's standard necessities and assistance with health and hygiene.
According to RAINN (Rape, Abuse & Incest National Network), horrific forms of caregiver abuse include:
- Physical abuse including bullying, intimidation, physical restraint, isolation, endangerment, and aggression
- Verbal abuse involving personal attacks, blame games, intimidating words, ethnic slurs, screaming, humiliation, and derogatory remarks
- Mental abuse involving manipulation, projection, staring, rage, playing the "victim card," gaslighting, and withholding communication through the "silent treatment."
- Sexual assault involving jealousy and rage, ultimatums, coercion, selfish appeals, degrading acts, rape, sodomy, inappropriate touching, sadistic acts, and indecent exposure
According to the National Institutes of Health, patient neglect is defined as a caregiver's failure to meet a dependent person's needs. Typically, patients' safety and well-being are compromised by the nursing staff's neglectful actions failing to provide adequate medical care and hygiene assistance.
Specific acts that could be defined as patient neglect involve:
- Dismissing or ignoring the resident's complaints
- Leaving the resident unattended when assistance is necessary
- Not showering or bathing the resident when requested
- Failing to report the resident's illness, injuries, or change in medical condition to physicians, medical team, or family
- Deprivation tactics by withholding food, water, shelter, medical care, and hygiene assistance
- Not attending to the patient lying in their urine and feces
- Taking too long to respond to the patient's call light
Were you neglected by the nursing staff? You likely have the right to file a civil lawsuit to obtain financial compensation. However, proving negligence might be challenging.
An attorney working on your behalf could show that the administration or staffing members failed to meet the patient's medical, medication, physical, and emotional needs. Proving the case typically requires:
- Recorded evidence involving direct observations
- Video, audio, and photographic proof
- Eyewitness testimony acquired through depositions
- A review of the resident's medical records and lab reports
- Obtaining second opinions from doctors diagnosing the patient's harm, injury, disorder, or mental health status
- Notifying state and federal regulators including the Centers for Medicare and Medicaid Services (CMS) and Adult Protective Services (APS)
The Agency for Health Care Research and Quality (AHRQ) maintains data on abuse, mistreatment, and mistakes occurring in nursing facilities nationwide. The agency recommends the following procedures and protocols if you were harmed by a medical or nursing error, including:
- Notifying law enforcement – The local police department can provide immediate protection from the nursing staff and start a criminal investigation
- Notifying a local long-term care facility ombudsman – A local ombudsman works in the community as an advocate for patients and older adults, addressing concerns involving abuse, neglect, malnutrition, unexpected weight loss, and other harm that requires legal action
- Notifying APS – The state maintains an APS agency that can investigate all family grievances involving abuse and neglect and ensure that all appropriate measures are taken
- Notifying a social service worker – Usually, officers from the APS agency work in unison with social services to handle ongoing care involving healing from abuse and neglect
- Speaking with Phoenix nursing home abuse attorneys – Lawyers specializing in personal injury and neglect cases and elder abuse can assist in resolving compensation claims and legal lawsuits to ensure that the victim's rights are protected
The Adult Protective Services Act currently defines what abuse, exploitation, and neglect mean in the context of the nursing home environment. Loved ones need to be aware of what constitutes abuse, exploitation, and neglect so that they can recognize their forms and protect their loved ones.
Abuse means an intentional infliction of harm, injury caused by negligent acts or omissions, unreasonable confinement, and sexual abuse. Exploitation refers to taking advantage of a vulnerable adult for the criminal's personal profit or gain.
Neglect refers to a pattern of conduct in which an individual is deprived of food, water, medical services, sufficient living conditions such as heat and air conditioning, and other services that could help a resident maintain an adequate standard of living.An Elder Care Injury Attorney Can Help
Was your loved one harmed, or did they die prematurely while residing in a nursing home? If so, contact the Arizona personal injury attorneys at Nursing Home Law Center at (800) 926-7565 to discuss your case during a free case evaluation.Damages for Nursing Home Negligence in Arizona
Victims who decide to file a negligence claim to recover damages for injuries should be aware that there is no damages cap under the state Constitution for negligence or wrongful death claims.
However, there is a two-year statute of limitations period for negligence and wrongful death claims. Victims or surviving families should get in touch with a nursing home injury lawyer and report abuse immediately upon discovering any signs of it.Arizona Statistics of Nursing Home Abuse & Signs of Abuse
Unfortunately, statistics show that the state has some of the nation's worst deficient nursing homes that do not follow professional standards. A 2008 University of California-San Francisco research study shows that seventy percent of all nursing homes failed to abide by professional standards that year.
Over half of nursing centers maintained an accident-prone environment and failed to provide quality care to patients. Some signs of nursing home abuse that should alert your attention are the following:
- Patient's loss of weight
- Patient's negative mood swings
- Loss of appetite
- Unsanitary living conditions
- Seclusion from family members and friends
- Bruises and scratches
Our attorneys are here to help families throughout the state of Arizona in areas such as:
Nursing home lawyers are available to provide a free consultation to assist you in ending the abuse that has impacted your life. Contact our AZ nursing home lawyers to set up an in-person meeting or receive information on the phone.
Receive legal advice from our nursing home attorneys that will help you vindicate your rights.Phoenix Nursing Home Lawyers Serving Victims of Pressure Sores & Decubitus Ulcers
Families are often shocked when their parent, spouse, sibling, or child in a nursing home develops debilitating pressure wounds. Often, the families are told that their loved one's medical condition caused the pressure wound results, or the wound is one of the many side effects of the medication prescribed by their doctor.
However, skin ulcers are preventable or can be effectively managed to ensure it does not advance to a life-threatening stage.
Our firm handles skin ulcer lawsuits on a contingency fee basis where there is never a fee charged unless there is a recovery for you.
Often, a nursing facility is the only solution to care for an aging parent, sibling, or spouse suffering an illness or disease. Many mobility-challenged patients cannot reposition themselves in a chair, wheelchair, or bed and require ongoing assistance to ensure they do not develop a pressure sore.
Bedsores (decubitus ulcers, pressure ulcers, pressure sores) could develop quickly, and if allowed to develop into advancing stages, could be extremely difficult to treat and nearly impossible to heal completely. It is essential to understand the recognizable signs of skin breakdown in their early stages to optimize their healing potential.
If allowed to advance, pressure wounds could become extremely painful where joint infections, cellulitis, sepsis, and sometimes cancer can occur. Late-stage pressure sores are often infected, emit an odor, drain pus, or cause a fever.Nursing Home Negligence Resulting in Pressure Sores
The increasing demand in recent decades for more nursing home beds raises concerns in handling the growing aging population. As a result, many nursing facilities are now understaffed, with overworked caregivers providing care to too many patients at once.
Nursing administrators have hired unlicensed staff, those who lack sufficient training or are not qualified to perform tasks required to meet daily needs.
Nursing home negligence is often the result of inattentive care or failing to implement developed care plans designed to prevent pressure sores. When the developed health plan is not implemented, and the patient's body is not repositioned routinely every two hours or less, pressure sores can begin to develop..
If left untreated, pressure sored can quickly become worse. A small pressure sore can turn into a life-threatening decubitus ulcer in advanced stages, exposing bone, muscles, and tendons, increasing infection potential.
Nursing home staff and management have an ethical and legal responsibility to protect everyone in their care. When the nursing facility and staff fail to provide quality care, patients become victims suffering severe medical conditions and sometimes death.
Family members aware that their parent or spouse developed a decubitus ulcer usually have only one option to protect them by hiring a Phoenix bed sore attorney to stop the negligence immediately.
By taking legal action through a personal injury claim against the nursing facility and staff, all responsible parties can be held accountable to the victim for the cost of medical treatments, along with their pain and suffering. The attorney can ensure that experienced professionals are brought in to provide proper treatment and monitoring of the victim.Filling a Lawsuit Against an AZ Medical Facility or Nursing Home Where a Pressure Wound Developed
Surviving family members of a loved one who has died at the hands of negligent medical staff in a nursing facility have a legal right to file a wrongful death lawsuit. Below is a list of reputable Phoenix skin ulcer attorneys who can assist families dealing with a loved one suffering pressure sores caused by caregivers' negligence.
The following attorneys can provide legal representation in cities that include:
- Tucson Metropolitan Area Nursing Home Neglect & Pressure Ulcer Attorneys
- Mesa Nursing Home & Pressure Sore Lawyers
- Chandler Bed Sore & Nursing Home Neglect Attorneys
- Glendale Nursing Home Abuse & Bed Sore Lawyers
- Phoenix Metropolitan Area Pressure Sore & Nursing Home Attorneys
Holding those legally at fault for causing injury to a patient usually demands taking legal recourse to stop the abuse. By filing a claim or lawsuit, family members are offered peace of mind knowing no one else at the nursing facility will suffer the same pain and injury inflicted on someone they love.
Fill in the form here to contact the following attorneys who specialize in nursing home abuse cases. They offer a free no-obligation initial consultation to discuss all available legal options for pursuing a compensation case. Nursing Home Law Center LLC has been a pioneer in the field of neglect litigation for decades. Put our experience to work for you.
Contact our Phoenix nursing home abuse lawyers or schedule a free consultation through the contact form. All discussions with our law firm remain confidential through an attorney-client relationship.
- AZ State Legislature -- Classic Site
- UC SF study-Nursing Facilities, Staffing, Residents and Facility Deficiences-2003 through 2008
- Adult Protective Services Act
- Two years with Discovery Rule. (Title 12 (Courts and Civil Proceedings), Chapter 5 (Limitations of Actions) Article 3 (Personal Actions), Sec. 12-542 – Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; 2-year limitation)
- None. (Arizona Constitution, Article 2 (Declaration of Rights), Section 31 (Damages for death or personal injuries))
- Two years from the date of death. (Title 12 (Courts and Civil Proceedings), Chapter 5 (Limitations of Actions) Article 3 (Personal Actions), Sec. 12-542 – Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; 2-year limitation)
- None. (AZ Constitution, Article 2 (Declaration of Rights), Section 31 (Damages for death or personal injuries)) (Title 12 (Courts and Civil Proceedings), Chapter 6 (Special Actions and Proceedings By Individual Persons), Article 2 (Death By Wrongful Act), §12-613 – Measure of damages; nonliability for debts of the decedent)
- Fourteen days; certified mail, personal delivery, publication. (Title 14 (Trusts, Estates, and Protective Proceedings), Chapter 1 (General Provisions, Definitions, and Probate Jurisdiction Courts), Article 4 (Notice, Parties and Representation in Estate Litigation and Other Matters), §14-1401 (Notice; method and time of giving)
- Arizona Department of Health Services
- Division of Licensing Services – Office of Long-Term Care Licensing (Nursing Homes)
- Arizona Division of Aging and Adult Services
- AZ Adult Protective Services
- Adult Protective Services – Title 46 (Welfare), Chapter 4 (Adult Protective Services)