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In 2023, nursing home neglect and abuse hit such crisis levels in Arizona that the Governor herself ordered an immediate investigation into why so many facilities “lack[ed] true accountability”. Initially, it seemed like action was finally being taken, but one short year later Governor Hobbs was implicated in a pay-to-play scheme where she was reportedly accepting campaign donations from residential homes in exchange for government financial benefits.
This unfortunate scenario shows exactly why you’ll need to hire an experienced Phoenix nursing home abuse lawyer if you suspect your loved one is being harmed by a nursing home facility. Without an experienced and qualified legal advocate by your side, you might struggle to get the compensation your family is entitled to under the law.
Here at Kermani LLP, our Phoenix legal team has the knowledge, experience, skill, and drive to help pursue justice in your situation. Find out more about nursing home abuse and neglect in Arizona and how to pursue a claim for your loved one below.
Types of Nursing Home Abuse in Phoenix
Nursing home abuse can come in many forms. Arizona Protective Services says that the majority of the allegations they receive involve financial exploitation (27%). It happens when someone improperly or illegally gains access to the elderly person’s money and uses it for personal gain. Other types of nursing home abuse include physical violence, neglecting the resident’s needs, sexual assault, emotional abuse, abandonment, and self-neglect. Self-neglect happens when an elderly person threatens to harm themselves through failing to take care of their own needs.
Warning Signs Your Loved One May Be Getting Abused
One reason elder abuse in Phoenix is on the rise is that our state’s population growth is among the fastest in the nation. Adults 65 and older make up a whopping 18% of Arizona’s population. With an influx of residents, facilities are stretched, meaning you’ll need to be as vigilant as possible when looking for signs of potential abuse. Here are a few things to look for:
- Unexplained bruises and injuries.
- Conditions brought about by neglect (dehydration, malnutrition, bed sores).
- Use of excessive restraints.
- Poor hygiene.
- Unacceptable living conditions.
- Sudden onset of anxiety, fear, isolation, depression, or agitation.
If you notice one or more of these signs, then start investigating the situation. Always take your loved one’s safety seriously, and remove them from a dangerous situation if you believe they’re not receiving proper care.
Legal Framework Protecting Nursing Home Residents in Arizona
In Arizona, nursing home residents are protected by specific laws that dictate minimum and acceptable standards of care. The Federal Nursing Home Reform Act (NHRA), for instance, regulates nursing homes nationally. This law protects residents' rights, ensures a reasonable quality of care, and establishes a system of regulation and enforcement. Arizona’s Adult Protective Services Act (APSA) sets out several statutes that protect vulnerable adults from mistreatment.
These laws help because they establish that facilities and staff owe residents a specific duty of care. If that duty of care is violated, then the victim can pursue a lawsuit under the state’s personal injury laws. A Phoenix nursing home abuse attorney can help you leverage these laws to your advantage.
What Compensation to Expect From a Nursing Home Abuse Claim
The amount of compensation you can receive in nursing home injury claims will match the extent of your losses. Since every case is unique, it’s difficult to compare your case to another case. That said, the average nursing home abuse claim usually results in settlements in the tens of thousands of dollars range.
In one extremely publicized case, Five Star Quality Care Inc.’s nursing home operator was hit with a $19.2M settlement after allowing an 86-year-old woman to develop an infected bedsore that resulted in her death. This family only received $2.5M in compensatory damages, but a whopping $16.7M in punitive damages due to the extent and severity of the negligence.
How Our Phoenix Attorneys Build Strong Abuse Cases
When you work with an Arizona nursing home abuse lawyer from our team, we’ll thoroughly investigate what happened to your loved one. We’ll look for evidence that will corroborate your loved one’s claims. This evidence could include surveillance video footage, a diagnosis from a doctor outside of the facility, medical records, witness statements, medication logs, documentation showing unsanitary living conditions or unacceptable staff interactions, and more. From there, we’ll dive deep into the situation to determine exactly how much this incident has had an impact on your loved one’s quality of life and your family’s emotional well-being. We’ll accurately estimate the extent of your losses and pursue that compensation from the responsible party.
Why Phoenix Families Trust Our Nursing Home Abuse Lawyers
On top of being able to build solid cases that deliver results, Phoenix families feel safe with us, knowing that we’re fully prepared to litigate their case in court if the other party doesn’t offer a reasonable settlement.
Our firm was founded in 2011 with the goal of mastering the courtroom, so we won’t shy away from the other party’s attempts to block a reasonable settlement. We have proven experience navigating personal injury claims, and we want to deliver justice for your family.
You’ll also want to hire a nursing home attorney in Arizona who’s compassionate and ready to listen to your loved one’s story. Too often, personal injury claims are treated as just another case by lawyers, but we stand out by ensuring you feel heard, seen, and advocated for to the fullest. That’s our goal.
Contact Your Phoenix Nursing Home Abuse Attorneys
Are you ready to get started on pursuing justice for your loved one? The sooner you get in touch with a legal representative, the faster your loved one will get the compensation they need to begin recovering from the ordeal.
Schedule a free consultation with a reliable nursing home attorney in Arizona now by using our online form or calling us at (855) 537-6264.
Discover your legal options. Get a free case review, and pay nothing unless we win.
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Frequently Asked Questions
Our personal injury team is here to help. Get a free case evaluation.
How do I file a complaint against a nursing home in Arizona?
To file a complaint against a licensed or unlicensed nursing home facility in Arizona, you should submit your claim to the Arizona Department of Health Services by using their online form. You’ll need to explain everything in detail on the form to help the intake unit begin an investigation. You can also call the Department at (602) 364-2536 on business days between 8:00 A.M. and 5:00 P.M.The Department will use the information you provide to prioritize your case, so be sure to mention if you think other residents might be at risk.
How long does a nursing home abuse case usually take?
On average, a nursing home abuse case takes several months to a year to resolve in Arizona. These claims take a little longer to pursue, considering the investigation into the abuse, the evidence collection process, and the negotiation period can all take longer than a traditional case due to the complexity of the situation.
Can family members file a lawsuit on behalf of a nursing home resident?
Yes, family members can file a lawsuit on behalf of a nursing home resident when the resident has experienced an injury and losses as a result of negligence in the facility. In general, the right to file this type of claim hinges on the resident’s capacity. If the resident is fully capable and fit enough to make their own legal decisions, then they should file a claim on their behalf with the help of a lawyer. That said, many residents are struggling with health concerns and are considered incapacitated due to mental and physical limitations. In these situations, a family member can pursue power of attorney over their loved one and utilize their authority to begin a lawsuit.
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