When your loved one is suffering due to the negligence of nursing home staff or administrators, it is vital for you to do something about it. If you suspect that nursing home staff is not providing proper care for your loved one, then a nursing home lawyer can help you investigate this serious situation. Federal laws and Arizona statutes are in place to help you stand up for the legal rights of your loved one and to protect him or her from neglect and abuse.
Nursing Home Negligence Claims in Arizona
The Adult Protective Services Act in Arizona currently defines what abuse, exploitation and neglect mean in the context of the nursing home environment. It is important for loved ones to be aware of what constitutes abuse, exploitation and neglect so that they can recognize its 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 one’s own profit or gain. Neglect refers to a pattern of conduct where an individual is deprived of food, water, medical services, sufficient living conditions such as heat and air conditioning, and other services that can help a resident to maintain an adequate standard of living.
Damages for Nursing Home Negligence in Arizona
Loved ones who decide to file a negligence claim to recover for the injuries of a nursing home resident should be aware that there is no damages cap under the Arizona Constitution for negligence or wrongful death claims. There is a two-year statute of limitations period for negligence and wrongful death claims, so loved ones should be sure to 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 Arizona has some of the worst nursing homes in the nation for deficiencies in meeting professional standards. A 2008 University of California-San Francisco research study shows that 70 percent of all nursing homes failed to abide by professional standards in 2008. Over 50 percent of nursing homes also had deficiencies in having an accident-prone environment and failure 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
- Negative mood swings of the patient
- Bed sores
- Loss of appetite
- Unsanitary living conditions
- Seclusion from family members and friends
- Bruises and scratches
Contact An Arizona Nursing Home Lawyer Who Can Help You
Our attorneys are here to help families throughout the state of Arizona in areas such as:
Nursing home lawyers are available to provide you with a free consultation to assist you in ending the abuse that has impacted your loved one. Contact our Arizona nursing home lawyers to set up an in-person meeting or receive information on the phone. You can receive legal advice from our nursing home attorneys that will help you vindicate the rights of your loved one.
2. UC SF study-Nursing Facilities, Staffing, Residents and Facility Deficiences-2003 through 2008
3. Adult Protective Services Act-http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/46/00451.htm&Title=46&DocType=ARS
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 2 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))
STATUTE OF LIMITATIONS
- 2 years from 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. (Arizona 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 decedent)
- 14 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)
- Adult Protective Services – Title 46 (Welfare), Chapter 4 (Adult Protective Services)