Nursing home abuse is, unfortunately, a risk in any facility. The industry is perpetually understaffed, which means that sometimes, people working in nursing homes do not have the training, skills, or temperament to care for their charges compassionately. If your loved one has suffered in a care facility, you may need the assistance of a Chandler nursing home lawyer.
It is heartbreaking and infuriating to realize your loved one may have experienced abuse at the center you trusted to care for them. Although you cannot undo what has happened, you can hold the wrongdoers accountable and prevent others from having similar experiences.
Speak with a Chandler nursing home lawyer at Phillips Law Group when you suspect someone is being mistreated at a skilled nursing facility. Our experienced personal injury attorneys can intervene with the facility administrator and, if necessary, bring legal action seeking compensation for your loved one’s suffering.
Know the Warning Signs of Abuse and Neglect
Nursing home residents are often in fragile health, which can make it challenging to distinguish between problems associated with their age and medical condition and markers for abuse and neglect. Loved ones and family members must be vigilant about monitoring a nursing home patient’s condition and not hesitate to ask questions and demand answers.
Families must expect an adjustment period when a person first enters a facility but should investigate marked personality changes. When a loved one becomes withdrawn, uncommunicative, or secretive, neglects personal hygiene, or expresses uncharacteristic anger, it could be a signal that they are being mistreated. Sometimes, a person’s lethargy is a sign that they are being overmedicated to make them easier to manage.
Unexplained cuts or bruises could indicate someone is physically harming a resident. When the bruising is around the ankles or wrists, it could mean the nursing staff is restraining the person, perhaps inappropriately. Bruising around the breasts, buttocks, or genitals or a new diagnosis of a sexually transmitted disease can indicate the person is being sexually abused.
What to Do When You Suspect Mistreatment
When possible, family members should document injuries and worrisome situations that arise with a nursing home resident. Notes including the date and time, a description of the concerning condition or situation, and photographs are helpful.
Showing copies of this documentation to the nursing home administrator is often the best first step. Ideally, the administrator will investigate, produce a reasonable explanation, and have a plan to prevent a recurrence. It is often wise to discuss concerns with a Chandler attorney before communicating with a nursing home administrator. Copying the legal professional on communications with the facility can convey that the family is taking the situation seriously and expects a swift and effective resolution.
Sometimes, police involvement is appropriate. That would be the case when a nursing home resident is experiencing sexual abuse at the hands of a staff member or another resident, or physical violence.
Taking Legal Action Against the Facility
Arizona Revised Statute § 46-455 allows nursing home residents to sue facilities that have put them in danger through neglect or some form of abuse. When a nursing home resident lacks the capacity to bring the suit, a guardian or holder of a power of attorney may act on their behalf. A Chandler attorney can identify a person who could bring a lawsuit on a patient’s behalf when the person cannot do so.
The resident or their representative must prove the facility failed to meet its duty toward them and that they sustained actual harm as a result of this failure. The harm could be an injury, physical illness, or psychological injury that arises due to ill-treatment.
A negligent nursing home could be liable for the costs of a person’s medical treatment related to the illness or injury, relocation to a new facility, legal fees, and court costs. The resident could receive compensation for their physical pain, mental suffering, and impact on their quality of life. In some circumstances, family members could also receive compensation for their mental suffering.
Work With a Chandler Attorney to Protect a Loved One From Nursing Home Abuse
It is inconceivable to most people that anyone would harm a vulnerable person, but it happens in nursing homes all the time. The resident’s family members must monitor their condition and treatment closely to ensure they are safe.
When you are concerned about a situation at your loved one’s facility, speak with a Chandler nursing home abuse lawyer from Phillips Law Group. Our team can help you put a stop to the mistreatment and hold the facility accountable.
We are not afraid to take matters to court if necessary. Reach out today to schedule a free consultation and to learn more about how we can put our three decades of experience to work for you.
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