PHOENIX NURSING HOME ABUSE ATTORNEYS
EXPERIENCED NURSING HOME ABUSE ATTORNEYS
At Miller Kory Rowe LLP, we bring decades of experience to nursing home abuse and neglect cases. Recognized as one of Arizona’s top trial lawyers in this field, our dedicated attorneys fight tirelessly to hold negligent facilities accountable and ensure justice for vulnerable individuals. We understand the unique challenges nursing home abuse cases present and are committed to securing the compensation and peace of mind families deserve. Trust our proven track record and compassionate approach to guide you through this difficult time.
If you believe your loved one is a victim of nursing home abuse or neglect, contact an experienced Phoenix nursing home abuse lawyer at our law firm today.
LEGAL HELP FOR NURSING HOME ABUSE AND NEGLECT VICTIMS
Did you suffer abuse or neglect while in a nursing home facility? Do you believe a loved one is a victim of nursing home abuse or neglect? It is time to seek experienced legal help to seek justice.
In the state of Arizona, you can pursue criminal and civil legal action against liable parties. At Miller Kory Rowe LLP, our law firm has helped many clients in Phoenix, Tucson, and throughout Arizona pursue justice for their civil claims. If you or a loved one was seriously injured in a nursing home, we want to help you. We may be able to help you:
- Build your case
- File your claim
- Litigate in court, if necessary
If our law firm accepts your case, we will not charge you any fees until we win your case. Contact our firm to schedule a free consultation today.
WHAT IS NURSING HOME ABUSE OR NEGLECT?
Nursing home abuse and neglect refers to the mistreatment, exploitation, neglect, or harm of a vulnerable nursing home resident. This mistreatment typically results in injury, pain, suffering, or, in some instances, death. In some cases, medication errors can occur due to a variety of factors, including understaffing, inadequate training, poor communication, and negligence.
According to the Centers for Disease Control and Prevention, there are nearly 16,000 nursing homes operating at any given time. These facilities house nearly 3 million Americans. Each year, there are around 35,000 cases involving nursing home abuse and neglect. Many of the nursing homes where this abuse and neglect takes place advertise that they offer top-notch care, but in fact, provide minimal supervision and care for their residents.
While there are many government regulations dictating the type of care residents in these facilities should receive, abuse and neglect are still quite common. The Arizona nursing home abuse lawyers at Miller Kory Rowe LLP believe the only way to shine a light on cases of nursing home abuse and neglect is through aggressive litigation.
TYPES OF NURSING HOME ABUSE AND NEGLECT
Nursing home abuse is a very real problem in Arizona and across the country. Understanding the types of abuse a resident may experience in a nursing home can help loved ones and advocates recognize signs, as well as prevent nursing home abuse altogether.
The five types of nursing home abuse recognized by the Centers for Disease Control and Prevention (CDC) include:
- Physical Abuse. Physical abuse includes harm such as intentional pinching, hitting, lack of physical care or overuse of restraints.
- Neglect. Neglect generally occurs when a nursing home resident’s needs are not taken care of by a caregiver unintentionally.
- Sexual Abuse. Sexual abuse is unwanted sexual attention given to nursing home residents. This can include sexual contact, groping or touching.
- Psychological and Emotional Abuse. This type of abuse can occur when a resident is criticized, humiliated, yelled at or threatened for control.
- Financial Exploitation. Financial exploitation can occur when a caregiver steals from a resident or manipulates a resident to get money from them.
CAN YOU SUE A NURSING HOME FOR NEGLECT?
Families who have had a loved one suffer neglect in a nursing home should consider getting the help of an experienced nursing home abuse lawyer. Under Arizona’s Adult Protective Services Act (APSA), families can take legal action against nursing homes for neglect and abuse of their loved ones.
APSA allows victims of nursing home negligence to seek compensation for physical injuries, emotional distress, financial losses, and other damages resulting from the negligent care provided by a nursing home facility. With the help of an experienced attorney, families can hold these facilities accountable for any harm done to their loved one due to improper care or mistreatment.
Furthermore, the APSA allows family members to seek court orders that require the negligent facility to make changes in order improve its care practices so as not to put any other residents at risk of suffering similar harm in the future.
A skilled nursing home abuse attorney can provide guidance and legal advice to families who are facing this heartbreaking situation, helping them understand their rights and options for seeking justice. An experienced lawyer will be able to identify any parties that may be liable for the abuse or neglect, as well as gather evidence necessary to build a successful case. In addition, they can also help negotiate on behalf of the family and fight for maximum compensation from all responsible parties so that victims and their families can get the financial recovery they deserve.
LIABILITY IN NURSING HOME ABUSE AND NEGLECT CASES
While you are observing the conditions at a nursing home, you should remember that not all cases of abuse or neglect are at the hands of the staff members. A liable party can include one or more of the following:
- Administrators
- Other Residents
- Staff Members
- Visitors
SURPRISING STATISTICS ABOUT NURSING HOME ABUSE AND NEGLECT
How often does nursing home abuse occur? While most people think nursing home abuse and neglect cases are rare, the fact is they are a lot more common than you think. The following are some surprising facts and statistics regarding nursing home abuse and neglect:
- According to the World Health Organization, the rate of elder abuse in institutions such as nursing homes and assisted living facilities is high. Over 30% of staff have reported having abused their elderly patients in the past year.
- Over 30% of U.S. nursing homes have experienced some form of abuse or neglect.
- 90% of all elder abuse perpetrators are someone the person knows like a staff member or another resident.
- Each year, over 5,000 deaths are attributed to nursing home abuse or neglect.
- Only 20% of all nursing home abuse and neglect cases are reported.
HOW LONG DOES A NURSING HOME LAWSUIT TAKE?
When a loved one has been abused or neglected in a nursing home, families can pursue legal action to seek justice and compensation. However, pursuing such a case is not an easy task as it requires extensive evidence collection and back-and-forth between the parties involved. As such, nursing home lawsuits usually take several months up to two years for completion. With the help of an experienced Arizona nursing home abuse lawyer, however, families have better chances of obtaining fair compensation for their losses as well as ensuring that those responsible are held accountable for their actions.
WHAT ARE THE SIGNS OF NURSING HOME ABUSE AND NEGLECT?
If you suspect your loved one is being abused or neglected in a nursing home, you should look for these common warning signs:
1. POOR PERSONAL HYGIENE
If you start to notice that your loved one is not showering or brushing his or her teeth, you may have a case of nursing home neglect on your hands. Many nursing home residents need help with daily hygiene-related tasks. It is important to take note and take action when they are not receiving this help.
2. THE NURSING HOME IS FILTHY
The state of Arizona has very strict guidelines for nursing homes to follow regarding the cleanliness of their facility. If you notice that the nursing home or your loved one’s room has not been maintained, you should take action right away. Allowing residents to live in unsanitary surroundings can lead to a variety of illnesses.
3. PERSISTENT BED SORES
Bedsores are generally caused by seniors not getting the care they need. When a person is immobile due to injury, they will need the help of nursing home staff members to get out of bed. If this help is not given, then bedsores will usually start to form. Neglecting to act in a situation like this can lead to a senior getting an infection and possibly dying as a result.
PRACTICE AREAS
HOW DO YOU PROVE NURSING HOME ABUSE AND NEGLECT IN COURT?
To win a judgment in a case like this, your legal team will have to prove that the nursing home in question abused or neglected a resident. It will also need to show proof these actions led to the injuries in question.
A lawsuit against a nursing home may be based on many types of abuse and neglect. Some types of abuse and neglect will be obvious even to a lay person, such as allowing the presence of bed sores, failure to feed or provide water, or sexual abuse. Some abuse and neglect may not be obvious without investigation, such as:
AN UNDERSTAFFED NURSING HOME CAN BE PROBLEMATIC
When a nursing home does not have an adequate number of staff members, residents may suffer from neglect. An understaffed nursing home will also create more work for the staff that is present. This will usually lead to higher stress levels, which in turn can cause the workers to have a lack of compassion for the residents in the nursing home. A nursing home can be found liable if injuries or deaths are caused by understaffing issues.
THE NURSING HOME WAS GUILTY OF NEGLIGENT HIRING
A nursing home has an obligation to its residents to hire qualified employees to take care of their daily needs. Employees will need to pass a variety of background checks and must have no history of abuse or violence to be hired in these types of facilities. If a nursing home fails to do this type of research before hiring an employee, then it could be held liable should this employee abuse or neglect one of the residents.
INADEQUATE OR IMPROPER TRAINING
If the employees of a nursing home have not been properly trained to deal with disabled seniors, they may inadvertently injure a resident. If your loved one suffered an injury due to inadequate or improper training, call an Arizona nursing home abuse attorney at Miller Kory Rowe LLP for help. Our team will listen to the details of your potential nursing home abuse or neglect case and help you understand your best legal options.
The last thing you want to do in cases involving nursing home abuse and neglect is to procrastinate. Waiting too long can lead to the statute of limitations in your case running out.
SCHEDULE A CONSULTATION WITH AN ARIZONA NURSING HOME ABUSE LAWYER AT OUR FIRM
The Miller Kory Rowe LLP team has spent decades fighting for the rights of nursing home residents. If you suspect or know a loved one is a victim of nursing home abuse or neglect, please call (602) 648-4045 or contact us online. Our attorneys offer free consultations and there are no fees unless we win your case. With offices in Phoenix and Tucson, our firm is uniquely positioned to serve clients throughout Arizona. Contact our firm today!
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why choose us?
Decades of Experience
At Miller Kory Rowe LLP, our attorneys have more than 60 years of combined experience helping individuals injured by the negligence of others. We are dedicated to getting our clients the settlements they deserve to help them restore their livelihood and peace of mind.
DEDICATED TRIAL ATTORNEYS
With every case we pursue, our trial attorneys have three foundational beliefs: Dedicated. Aggressive. Principled.
EXTENSIVE RESOURCES
When you work with our law firm we put all of our extensive resources into finding evidence, interviewing witnesses, and navigating through the complexities and challenges that each claim presents.