When a nursing home resident suffers an injury, it is often due to the careless or intentional actions of caregivers, nurses, administrators or others at the facility. They should be held liable for the damage they have caused, which is why a victim’s loved ones should reach out to an attorney.
You can schedule a free consultation with one of our Avondale nursing home abuse lawyers at a time most convenient for you. There is no obligation to take legal action and no upfront fees to hire one of our licensed attorneys.
Phillips Law Group has been representing personal injury victims for more than 27 years and we have recovered hundreds of millions of dollars in compensation. Our award-winning founder, Jeff Phillips, has secured verdicts in several Arizona counties and has served as lead counsel in more than 40 jury trials.
Contact our firm anytime, night or day. 602-222-222
This is a question you can discuss with one of our experienced attorneys, at no upfront cost to you. There are a variety of issues to consider about whether you may be eligible to file legal action to seek compensation.
In general, our attorneys need to establish your loved one was owed a duty of care, that duty of care was breached, and the breach of the duty directly led to your loved one’s injuries and damages. We need to show your loved one’s injury would not have occurred without the breach of duty of care.
We also need to show how a caregiver, or another entity was negligent in the actions they took, or failed to act, which is often the cause of nursing home residents’ injuries.
Our Avondale nursing home abuse lawyers have extensive knowledge of these cases and how to gather evidence of negligence or abuse.
There are numerous examples of negligence that could be the cause for a nursing home resident to sustain an injury, such as a broken bone from a fall, bed sores from not being moved around while in bed, or an allergic reaction from a medication error.
There are also times when staff members or others at a nursing home intentionally abuse or neglect a resident. Staff members may be doing this as a form of punishment. This may cause residents to be socially isolated or restrained against their will. Visitors to these facilities may also sexually abuse residents, and it may be allowed to continue because understaffing prevents administrators and others from discovering what is really going on.
Multiple parties may share liability in a nursing home abuse case, from staff members and nurses to administrators, vendors, contractors, and people visiting the facility. In some cases, the nursing home itself may be liable, including the owner of the facility, which could be an individual or company.
As this is a complex issue, you should strongly consider meeting with a licensed attorney to determine who may be liable for your loved one’s injuries. At Phillips Law Group, we have the staff and resources to launch an in-depth investigation of your loved one’s abuse to determine who may be liable.
The purpose of filing a personal injury lawsuit is to obtain compensation for damages. Compensation is meant to help put the victim back into the position he or she was in before the injury or abuse occurred.
There are financial, physical, and emotional damages that may result from nursing home abuse or neglect, such as:
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Nursing home abuse and neglect are not only unethical, they are also violations of residents’ rights under federal and state nursing home laws.
The Nursing Home Reform Act was passed in 1987 and granted residents many rights designed to protect them from abuse and neglect and help ensure they are provided adequate care. States have passed similar laws with much of the same language as the federal law.
Arizona’s Office of Long Term Care Licensure provides a summary of residents’ rights under federal and state law: This includes the right to:
If any of these rights were violated, your loved one may have grounds for legal action. Our Avondale nursing home abuse lawyers are ready to discuss your situation in a free consultation.
There are a few main categories of abuse, nursing home residents are known to suffer from, such as:
Nursing home victims are often victims of various kinds of physical violence, which may include:
Bruises, fractures and cuts could all be signs of physical abuse. Your loved one may be too afraid to say anything or may not remember how he or she suffered a bruise or broken bone. It is often up to the victim’s loved ones to investigate and uncover possible abuse.
Sexual abuse is another form of physical abuse. It includes rape, sexual assault, molestation, photographing a resident in various stages of undress, posting those pictures on social media, and other abuses.
Sexually transmitted infections, social withdrawal, and fear around certain staff members may all be signs of this form of abuse.
This is a form of abuse because of the physical and psychological damage that can be caused. Neglect often means a resident is by himself or herself for hours at a time, and his or her basic needs are not being met.
For example, residents may not be getting enough food and water. Their personal hygiene needs, including assistance with toileting, may be ignored. Their rooms may be a mess, and trash may not be taken out. Residents may not be given medicine, and this could be fatal.
Neglect could result in injuries like:
When residents are yelled at, threatened, harassed, socially isolated, or embarrassed in front of other residents, it can cause emotional and psychological damage. Your loved one may become depressed, afraid, socially withdrawn, and may refuse to eat.
Unusual changes in behavior or personality could all be signs of emotional abuse.
Emotional abuse may be the result of understaffing – overworked staffers become impatient and lash out. However, that is not an excuse. Other times, staff members may have malicious intent and may be underqualified for the job they are doing.
Having loved ones report nursing home abuse or neglect is very important because victims may be unable to report what is going on or may be afraid because they have been threatened by their abuser. Even if a victim says something, he or she might not be taken seriously, or administrators may not do anything.
Whenever you feel like your loved one’s physical safety is in jeopardy, and it is an emergency, call 9-1-1 so the police can investigate and get your loved one out of harm’s way.
You should also report the abuse to the facility. Under state law, long-term care providers and others who have responsibility for the care of a vulnerable adult must report abuse, neglect, or exploitation of vulnerable adults. The report must include:
However, the abuser or others at the facility may not do what is required by law. Either way, you should call Arizona Adult Protective Services at (877) 767-2385 to report what happened. They can begin an investigation and help protect your loved one.
After reporting abuse, you should try to collect evidence on your own. This may include pictures of your loved one’s injuries and statements from witnesses. Take notes on conversations with staff members and others who you reported the abuse to. This may help your attorney build a case for compensation.
At Phillips Law Group, we understand how devastating it can be to discover a loved one was abused or neglected at a nursing home. You trusted them to provide the care your loved one requires.
During this difficult time, it can be very helpful to meet with an attorney who can explain whether the facility, its staff members, or others could face liability for damages. Compensation cannot erase what occurred, but it can be vital as your loved one tries to recover from his or her physical or psychological harm. Compensation helps victims to obtain the care they need, both now and in the future.
Our firm has a proven track record of recovering compensation for injury victims. The consultation is free of charge, and there is no obligation, so there is no risk to you. Our attorneys are paid on contingency – we do not get paid unless you do.
We are ready for your call 24/7. Phillips Law Group: 602-222-222 .
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