NURSING HOME NEGLECT AND ABUSE FAQ's
ARIZONA NURSING HOME NEGLECT AND ABUSE FREQUENTLY ASKED QUESTIONS
The Arizona elder abuse attorneys at Miller Kory Rowe LLP have the resources and experience you need to navigate through this difficult time. We know that you have many questions about your unique situation. Below we provide the most frequently asked questions we hear. We also encourage you to call us and for a free in-person or virtual consultation. During this evaluation, we can answer even more of your questions and explore your legal options.
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Learning that your loved one has been a victim of nursing home abuse is a horrific realization. After all, you trusted the nursing homes and caregivers there to provide exceptional care for your elderly loved one during their most vulnerable times. When they fail in this duty, you and your loved one have a right to hold them accountable for this abuse and neglect. However, doing this is not always easy. If you suspect your loved one is a victim of nursing home abuse or neglect, it is important to discuss your situation with an experienced Arizona elder abuse attorney.
Q: What Is Elder Abuse And Neglect?
Elder abuse and neglect refers to the mistreatment, exploitation, neglect, or harm of a vulnerable resident. This mistreatment typically results in injury, pain, suffering, or, in some instances, death. It can occur in nursing homes, residential care facilities, or any type of long-term care unit.
Q: What Are The Common Types Of Elder Abuse?
There are five major categories of elder abuse recognized by the National Center on Elder Abuse. Those are:
Q: What Are Warning Signs Of Nursing Home Abuse Or Neglect?
Warning signs can be physical, emotional, or behavioral. Some of the most common include:
- Unexplained bruises, burns, or broken bones
- Sudden weight loss or signs of malnutrition
- Poor hygiene or untreated medical issues
- Withdrawal from social activities or fearfulness around staff
- Bedsores or frequent infections
Families should not ignore these red flags, even if staff members provide explanations that don’t quite add up.
Q: How Common Is Nursing Home Abuse?
According to the Centers for Disease Control and Prevention, there are approximately 15,600 nursing homes in the United States. These facilities provide care for nearly 1.3 million Americans every year. An additional 1 million live in residential care facilities across the country. Unfortunately, each year one in ten Americans over the age of 60 will experience some form of elder abuse or neglect. Many instances of abuse or neglect that occur in these facilities go unreported. In fact, an estimated 84% of nursing home abuse cases go unreported or unrecognized.
Nursing home residents and/or families do not report instances of abuse or neglect out of fear of retaliation, a lack of knowledge of their rights regarding the nursing home’s obligations to their residents, or because they do not want to burden their families. Additionally, not all victims are able to communicate that abuse or neglect has occurred, or is occurring.
Q: What Causes Nursing Home Abuse?
Many cases of abuse and neglect stem from nursing homes that are chronically understaffed with poorly trained caregivers. One nurse’s aide may care for up to 30 elderly residents in many Arizona nursing homes. Understaffed nursing homes are also often inadequately supervised and poorly managed. This increases the likelihood of abuse and neglect occurring and going unrecognized.
Q: Can A Nursing Home Be Held Legally Responsible For Abuse?
Yes. A nursing home may be liable if it failed to protect a resident from harm. This includes failing to properly train staff, ignoring safety policies, or allowing dangerous conditions to persist. Families may be able to pursue a lawsuit for damages, including medical costs, pain and suffering, and wrongful death.
Q: Who Is Most Vulnerable To Nursing Home Abuse?
Nursing home residents with any type of cognitive or physical limitation are at the highest risk for suffering abuse and neglect. This includes elders with dementia and Alzheimer’s disease, as well as patients who are wheelchair-bound. In fact, according to statistics from the National Association of Nursing Home Attorneys, elderly women with a disability reported a 33% prevalence of experiencing interpersonal violence in a nursing home.
Q: How Is Nursing Home Abuse Investigated In Arizona?
In Arizona, suspected abuse can be reported to Adult Protective Services (APS) or the Arizona Department of Health Services (ADHS), which licenses and regulates long-term care facilities. An Ombudsman may also investigate concerns about nursing homes. These agencies can inspect the facility, interview staff and residents, and review records to determine whether abuse or neglect has occurred.
Q: What Should I Document If I Suspect Abuse?
Keep detailed notes of your loved one’s condition, including photographs of injuries, dates and times of concerning incidents, and names of staff members involved. Save copies of medical records, prescriptions, and billing statements. Documentation can play a crucial role in proving abuse or neglect if legal action becomes necessary.
Q: How Long Do I Have To File A Lawsuit For Nursing Home Abuse In Arizona?
In Arizona, most nursing home abuse lawsuits must be filed within two years of the date the abuse was discovered (or reasonably should have been discovered). Because timelines can be complex, especially if the victim is unable to speak for themselves, it is best to consult an attorney as soon as possible.
Q: Can Residents Be Moved Immediately If Abuse Is Suspected?
Yes. If you believe your loved one is in immediate danger, you can request a transfer to another facility or hospital. A doctor’s order may be required, but protecting the resident’s health and safety should always come first.
Q: What Can Families Do To Protect Their Loved Ones?
If you suspect nursing home abuse or neglect, it is important to take the following steps:
- Report your fears and suspicions immediately to the supervisor and manager of the nursing home.
- Call the Eldercare Locator Hotline at 1-800-677-1116 or reach out to a local Ombudsman to report the abuse or neglect.
- Contact your loved one’s doctor or physician immediately for a full medical evaluation.
- Gather evidence of the abuse, such as video surveillance, eyewitness accounts, emails, or medical documentation.
- Contact an elder abuse attorney for a free legal consultation.
How Can Our Arizona Elder Abuse Attorneys Help?
The Arizona elder abuse attorneys at Miller Kory Rowe LLP can help you hold the nursing home accountable for damages. Those damages can include pain, suffering, financial loss, and medical expenses. We investigate and represent clients who suffer from the following acts of nursing home abuse and/or negligence:
- Bedsores, pressure sores, decubitus ulcers
- Physical abuse including assault or battery and sexual abuse
- Verbal Abuse
- Psychological/mental abuse
- Sepsis
- Wandering and elopement
- Falls involving fractures, especially hip fractures
- Failure to properly clean the patient’s dressing or bed clothes
- Dehydration / Malnutrition
- Understaffing and negligent hiring of unqualified, incompetent, or poorly trained staff
- Failure to follow doctor’s orders
- Medication errors
- Exploitation
- Failure to develop and maintain a comprehensive care plan for the resident
What to Expect When Working With Us
We understand that pursuing a claim can feel daunting. Our team will guide you through each step of the process.
1. Initial Consultation
We listen closely to your concerns, explain your rights, and make sure the resident’s immediate safety is addressed from the start. This consultation is free, and there’s no obligation to proceed.
2. Investigation Phase
If we take your case, we’ll gather all necessary medical records and consult with expert witnesses to build a strong foundation for your claim.
3. Claim Development
We’ll calculate the full extent of your damages and prepare comprehensive settlement demands or legal filings.
4. Negotiation or Litigation
We’ll pursue fair compensation through negotiation when possible, but we’re always prepared to take your case to trial if necessary.
Real Client Testimonials
Our dedication to achieving successful outcomes for our clients is reflected in the authentic stories they share in our testimonials.
Many of these families came to us after discovering neglect in a nursing home or care facility.
“Teri Rowe and the team at MKR are highly recommended. My family and I went to Teri under the worst of circumstances and she was always kind, comforting, and helpful. Our case was complicated, sad, confusing and frustrating. She managed everything wonderfully. Our family lawyer referred us to Teri because Teri has a reputation for being the best. She definitely lives up to her reputation.”
— Michael Stenoien
“My sisters and I couldn’t have made a better choice by choosing Miller Kory Rowe to represent us. From day one to the end, their empathy, their professionalism and their confidence in our case never wavered. We were given the faith and they kept it. Their approach was completely professional but their concern for our case was equally personal. They took into account every little detail. They valued for us, our family values and ensured justice was done. We now have complete closure that this lawsuit is behind us, we can move forward knowing that we got some measure of justice for the harm done to our mother. Thank you so much Liz, Gabe and Stephanie.”
— Sherrie Dudek
“From our initial consultation to our final settlement. Miller, Kory and Rowe was with us every step of the way. Gabe and team kept us abreast of any updates on the case in a timely fashion and were always, often within minutes of an email, to walk us through what was happening in our case or clarify any questions we may have.
MKR’s compassion and thoughtfulness was genuine and was able to ease our minds in what was a difficult time with the passing of our mom. Gabe’s experience with these cases was very evident in our interactions and we had the utmost confidence in his representation. I would highly recommend MKR if you are ever in need of an attorney.”
— Joseph Shown
At Miller Kory Rowe, we are not afraid to take cases to trial. We are Arizona litigators with deep experience handling serious injury and wrongful death claims for families across the state.
Every case is prepared with the courtroom in mind. That level of preparation strengthens our strategy, builds trust with our clients, and puts pressure on the defense. We work with respected experts, craft compelling exhibits, and uncover the details that help juries understand the truth.
Whether your case involves medical negligence, elder abuse, or another form of life-changing harm, our focus stays the same: clear answers and meaningful results.
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