legal resources necessary to hold negligent facilities accountable.
Gilbert Nursing Home Abuse Lawyer
Gilbert is a rapidly growing suburb of Phoenix and the largest incorporated town in the United States. Its growing population includes numerous senior citizens residing in Gilbert nursing homes.
Do you have a loved one in a nursing home or long-term care center? Recognize the warning signs of abuse and how to protect a loved one by contacting a nursing home abuse lawyer for a free consultation.
The affiliate Arizona personal injury attorneys at the Nursing Home Law Center provide legal help to many victims of gross negligence injured by those in charge of providing care. Call our law firm at (800) 926-7565 (toll-free phone number) or use the form today for immediate legal advice.
Let our Gilbert nursing home abuse lawyers protect your family's rights if your family member was mistreated, abused, injured, or died unexpectedly from personal injury while living in a long-term care center in Gilbert, Arizona.
All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.Signs of Elder Abuse
The elderly, disabled, rehabilitating, and infirm are among the most vulnerable groups in our country. They sometimes have health problems and issues communicating, which means they can be susceptible to abuse and neglect, especially if no one is looking out for their best interests.
Tragically, the assisted-living homes and nursing facilities entrusted to provide quality care for loved ones often fail to offer proper care and other services for their residents at their weakest and most vulnerable moments.
While the effects that a loved one has suffered from a health injury are often noticeable, other types of abuse can be subtle and not as easy to determine.
Seniors being neglected or intentionally harmed are often reluctant to discuss their treatment for many reasons, including pride and fear of retribution. However, numerous signs can help families determine that a loved one has been hurt or mistreated at their caregiving home.
Below are some of the common warning signs that a patient has suffered nursing home neglect or abuse:
- Bruises and marks
- Loss of personal property or money
- Signs of fear when certain nursing home personnel or other patients are around
- Deteriorating health despite the nursing home insisting the victims receive medical attention
- Pressure sores, ulcers, rashes, and other skin disorders
- Conditions from withholding medical care
- Untreated health injuries
Have you witnessed signs of abuse or neglect? Report what you have seen or suspect to the proper authorities, including the Arizona Adult Protective Services and the facility’s administrators.
Far too many times, many residents of the Gilbert, Arizona, nursing homes continue to suffer at the hands of a supposed caretaker because the warning signs were missed or ignored by families or someone who was supposed to look for their best interest.
Other times, the victim is hurt by other patients, employees, visitors, etc.Types of Nursing Home Abuse
Gilbert, Arizona, nursing home seniors could be victims of many forms of home elder abuse. Family members are a vital part of witnessing what is happening in the nursing home of your loved one.
Physical abuse is one of the most frequently reported forms of nursing home abuse conducted in Gilbert, Arizona, long-term care facilities. The nursing home abuse might include undue force against the resident, resulting in personal injury.
The nursing home abuse may be evident to others, such as watching someone hitting an elderly person in front of other clients, or it can involve less apparent actions, like shaking a senior resident to get their attention.
Below are some examples of nursing home abuse that may happen in long-term care facilities:
- Pushing, shoving, or dragging
- Hitting or slapping
- Severe beatings
- Inappropriate use of restraints
- Improper administration of drugs by nursing home personnel
Financial abuse is, unfortunately, a prevalent type of home neglect or abuse.
Typically, financial exploitation occurs when someone has access to the resident’s financial bank accounts, assets, or property without authorization. This type of nursing home abuse commonly occurs with someone your family trusts, like a caregiver, long-term care canter, friend, another loved one, etc.
Arizona nursing home personnel, visitors, the client’s families, or other patients may develop a close relationship to access the person’s accounts and take advantage of the victims by:
- Cashing a patient’s check
- Stealing money from their wallet
- Forcing the victims to sign a financial document against their will
- Taking their belonging without permission
Check the accounts of your loved one and verify all estate documents are in order. Some scammers build such a strong bond with the victims that the criminal can convince your loved one to change their will.
Emotional and Psychological Abuse
Emotional elder abuse is another recurring problem across Arizona care facilities and can significantly affect a victim. Victims of this form of abuse suffer psychological anguish or pain resulting from verbal or nonverbal actions.
Emotional or psychological abuse tends to be more prolonged than physical abuse, which can have immediate and obvious consequences. The effects can be gradual yet residual and deeply traumatizing, mainly perpetrated by someone supposed to provide quality care services.
Examples of emotional abuse can include:
- Verbal harassment
- Verbal or written threats
Sexual nursing home abuse is common. Non-consensual sexual contact with your loved one could result in:
- Unexplained development of a sexually transmitted disease (STD) or genital infection
- Pain or irritation of the genital areas from sexual assault
- Panic attacks from repeated sexual contact
- Problems walking or sitting
If you recognize any signs and suspect sexual assault, you should act quickly, call the authority services, and report it to the administrators.
Nursing home abuse is nearly always an intentional act. Alternatively, nursing home neglect involves a lack of action toward the resident.
Most caregiving home abuse and neglect incidents involve a failure to:
- Provide medical care and medication
- Provide proper nutrition
- Provide prompt assistance or medical services
- Acknowledge complaints of pain and elder abuse
- Prevent falls resulting in broken bones
- Prevent pressure wounds
Residing in Gilbert nursing homes can be expensive, and families expect the facility to provide quality care services to their loved ones. Sadly, that is often not the case.
The facilities are often short-staffed to save the home money, a lack of available people to hire, or because the nursing home is poorly managed. A lack of resources could result in poor care.
People residing in assisted living facilities have the right to a specific number of hours of care by registered nurses. Unfortunately, some homes cut back on Medicare-mandated hours to save money. This practice results in residents receiving inadequate care from tired, overworked nursing staff.
In some facilities, nurses’ aides provide the care that should be given by registered nurses, despite regulations. Practices like this could result in abuse.
When nursing homes are understaffed, their nurses and nurse aides become overworked, with insufficient resources to complete their tasks. Many residents are subjected to a lack of life assistance and the ongoing supervision they need.
Understaffing increases the risk of nursing home abuse and neglect:
- A lack of staff could cause problems for residents who need help drinking or eating.
- The inadequate nursing staff could lead to medication administration errors, causing life-threatening issues.
- Immobile nursing home residents may not get the assistance they need in repositioning or transferring to another location to avoid developing bedsores.
- Understaffing can result in medical neglect when the nursing home facility fails to adequately attend to or prevent the resident’s medical concern.
For the court to award damages in a nursing home abuse claim, there must be evidence that there was abuse. Nursing home abuse lawyers can build a case of abuse by staff members or others harming the victim.
Compensatory damages for elder abuse can include (but are not limited to):
- Hospital expenses
- Funds for needed resources like assistive devices
- Ongoing medical bills
- Pain and suffering
- Funeral and burial costs in wrongful death cases
Lost wages or lost future income may also be elements of claimed damages. However, since most nursing home residents are no longer employed, these losses usually aren't a factor.
In addition to compensatory damages, the court may also award punitive damages that the defendants, including the Gilbert nursing home abuse facility, must pay.Who Can Be Sued For Nursing Home Abuse?
Civil lawsuits for Gilbert nursing home abuse can be filed against:
- People who work directly with patients as caregivers at nursing home facilities in Arizona (such as nurses, certified nursing assistants, and other staff.)
- Administrators or others responsible for supervising nursing home staff, the owners, or operators
- Independent contractors who maintain the equipment used at the nursing homes may also have legal obligations.
The Nursing Home is not on Your Side
It’s crucial to remember that the nursing home is not on your side regarding that facility’s potential liability.
The nursing home or rehabilitation center often has a law firm on retainer long before families consider legal action. For this reason, you should have your counsel from specialized neglect professionals when confronting and investigating a Gilbert, Arizona, nursing home neglect or abuse situation.
You Need Someone Who Can Investigate Gilbert Nursing Home Abuse.
The nursing home might not be transparent about elder abuse or neglect incidents. Law enforcement might be involved if outside authorities were notified about what occurred.
You or your legal team will likely need to investigate the case if the nursing home hides what happens. Thorough nursing home abuse lawyers will know how to conduct an investigation and gather evidence that you can use to substantiate your elder abuse and neglect claim.
To Help Value Your Damages.
Nursing home abuse cases are complicated and require the assistance of an attorney that is familiar with the relevant legislation.
A skilled nursing home abuse law firm will know how to create a solid case and fight for your legal rights in court.
Nursing home abuse and neglect victims or their families have the right to seek compensation for past and future medical costs incurred due to mistreatment. You may be entitled to additional damages as well.
A Gilbert, Arizona nursing home neglect law firm can advise you on the compensatory damages you could be entitled to receive based on your specific case circumstances. In some instances, you might be able to recover punitive and non-economic damages.
A civil lawsuit can hold the nursing home liable (financially and legally) for abusing, neglecting, or mistreating a resident. However, it is up to the filing lawyers to prove the grounds for the lawsuit.
Proving your case can be easier with assistance from nursing home abuse lawyers.
Reporting Abuse Claims in Arizona, AZ (Phoenix)
If a loved one is in immediate harm or neglected at a nursing home, there are several available resources and services that you should make use of:
- Call 911 and notify the facility administrator: calling law enforcement could involve state adult protective services.
- Arizona Office of the State Long Term Care Ombudsman advocates for long-term care residents in Gilbert and throughout Arizona. Their primary responsibility is to conduct investigations into abuse and neglect complaints.
- The Area Agency on Aging, Region I (AAA): The AAA is a public/nonprofit/private agency with its resources designated by the State of Arizona to ensure that the Federal Older Americans Act is followed. The AAA advocates for older adults and provides information and assistance.
- Adult Protective Services (APS): The APS office in Gilbert offers an array of resources to Gilbert seniors who have been victimized or are at risk of being abused, exploited, or neglected. They also provide free consultation services if you are in doubt about your case.
- Arizona State Board of Examiners – Nursing Home Administrators and ALF Managers: The Board investigates all complaints filed against nursing home administrators and ALF managers and enforces the practice standards of the Administrators and Managers.
- Arizona Attorney General’s Office
- Gilbert Police Department: The Gilbert police department provides protective services to the residents of Gilbert and conducts investigations into severe cases of nursing home abuse (i.e., sexual assault, severe lacerations, burns, etc.).
- The Arizona State Health Insurance Assistance Program (SHIP). SHIP is a free health-benefits counseling service for Medicare beneficiaries and their families or caregivers. They also provide other services related to Medicare that are free.
- Centers for Medicare and Medicaid Services (CMS). CMS is a federal agency that administers Medicare and Medicaid that regulates long-term care facilities in Arizona regarding Medicare and Medicaid services and benefits.
Receive Justice And Closure
In Arizona, like other places nationwide, some laws mandate how elderly and disabled patients should be treated while living in a nursing home facility. Even though strict laws forbid any actions that lead to nursing home abuse, it still happens.
Unfortunately, the families often aren’t aware of what has been happening. Or, when they discover a violation and their loved one has experienced nursing home neglect or abuse, they don’t know their options.
The right attorney will help you get the justice you deserve. The goal of filing a lawsuit is to recover compensation and hold the responsible parties to account. An experienced attorney will ensure that the care center is held accountable for its actions and that justice is served. Everything privately discussed is under the attorney-client relationship confidence.
We urge you to call our Gilbert nursing home abuse lawyers for a free consultation as soon as possible so that you can understand your rights and options in Arizona.
As soon as you suspect nursing home abuse, please call us immediately and set up a free consultation with us. We want to help you like we have helped so many clients before.Hire Nursing Home Abuse Lawyers to Resolve Your Nursing Home Abuse Compensation Claim
The affiliate nursing home abuse lawyers at Nursing Home Law Center, LLC, have represented many clients in Gilbert, AZ (Phoenix area) victimized by caregivers and other residents at their care facilities. Our team of dedicated, experienced attorneys provides legal help to stop home neglect or abuse.
With our extensive experience and access to every resource possible, our elder abuse team will gather evidence, documentation, incident reports, doctor's notes, nursing notes, intake/outtake records, and care plans.
Call us today at (800) 926-7565 or through an online contact form to arrange a free consultation with one of our award-winning Gilbert nursing home abuse attorneys. We will review your legal options and discuss what we can do for you to ensure the maximum chance that your case will succeed.
Our team of experienced nursing home negligence professionals is committed to aggressively fighting for your loved one's rights. Contact our Arizona elder abuse law firms today by calling (800) 926-7565 to schedule your no-obligation, free consultation for your case review.
All information you share with our nursing home abuse lawyers within our law firm remains confidential. We provide immediate legal representation, advice, and counsel without upfront fees. All our legal services are paid after negotiating an acceptable out-of-court settlement or winning your case at trial. Our services will be free if we cannot secure compensation on your behalf.