The best place for an elderly loved one may be a nursing home or long-term care facility. However, when these facilities fail to provide the mandated level of care, you may be eligible to pursue a claim on his or her behalf. If you suspect that one of your family members has been harmed in a nursing home, contact a Lake Havasu City nursing home abuse lawyer.
At Phillips Law Group, we are dedicated to protecting the rights of elderly residents living in long-term care facilities in the Lake Havasu City and Kingman areas. Our firm has recovered over $1 billion in compensation on behalf of our injured clients and their families for almost 30 years.
Request a free consultation to discuss your potential claim and learn about your legal options. You may be eligible to pursue compensation on your loved one’s behalf for the abusive or negligent treatment he or she endured. All of our services are provided at no upfront cost to you. We only collect our fees if we are successful in helping you obtain compensation.
Call 602-222-222 to see how we may be able to help.
Nursing Home Residents’ Rights
A nursing home resident has certain rights under federal and state law. These rights are protected by the 1987 Nursing Home Reform Act and Arizona’s Nursing Home Resident Rights.
Residents in these facilities have a legal right to:
- Be fully informed of his or her medical conditions and overall health status
- Have a safe, clean and comfortable living environment
- Quality care and treatment that is fair and free from discrimination
- To be free of abuse, neglect, manipulation, exploitation, coercion, seclusion and unnecessary restraint
- Be treated with respect and dignity
- Withdraw consent or refuse treatment before it happens
- Be informed of the facilities complaint process and policies
- Receive a referral for treatment to another facility if current one does not provide adequate services
When a nursing home or long term care facility refuses to comply with these rights, residents have a right to take legal action. Our licensed Lake Havasu City nursing home abuse lawyers are prepared to fight for your loved one’s rights.
Complete ouronline case evaluation formto get started.
Different Types of Nursing Home Abuse
There are many different types of abuse in nursing homes, all with varying levels of severity. Our legal team at Phillips Law Group has decades of experience handling cases involving a wide range of abuse, such as:
Physical Abuse
Physical abuse occurs when a resident is intentionally bodily injury or physical trauma in the following ways:
- Hitting
- Slapping
- Punching
- Biting
- Pushing
- Shaking
- Grabbing
- Pinching
Other forms of physical abuse include restraining or confining a resident with ties or other forms of restrain as well as using an object to cause injury or harm.
Sexual Abuse
Sexual abuse happens when a resident is forced into unwanted sexual contact in the following ways:
- Non-consensual touching or groping
- Coerced nudity
- Intercourse
- Rape
- Sexually explicit photos
This type of abuse can result in physical bruises, scratches or lesions around the genital area and emotional trauma. These acts are usually committed against incapacitated residents and those unable to give consent.
Emotional/Verbal/Psychological Abuse
This type of abuse can occur when words or actions are carried out with the intent to cause distress, fear and mental aguish to a resident in the following ways:
- Name-calling or derogatory names
- Verbal assaults
- Insults related to personal appearance or intelligence
- Profanity
- Threatening violence
- Intimidation tactics
- Humiliation
- Isolating them from other residents or loved ones
Other forms of emotional, verbal or psychological abuse include exerting control over a resident by limiting their ability to make phone calls, participate in social activities or anything else he or she wants to do.
Financial Abuse
Financial abuse is the intentional exploitation or manipulation of a resident in order to gain control of his or her finances, which may include assets and personal property, in the following ways:
- Stealing money or personal possessions from the resident
- Not allowing the resident to access their funds
- Theft of the resident’s personal documents, such as banking statements
- Forging documents to obtain funds
- Deceiving the resident to give up control of their funds
- Misusing the power of attorney for personal gain
This type of abuse can be devasting to residents if they lose their income and savings needed to pay for their daily care and other responsibilities.
General Neglect
General neglect in a nursing home can happen when a resident is not provided the proper care required to live a safe, healthy and comfortable environment, such as:
- Leaving residents unattended for long periods of time
- Failing to provide basic necessities, like food, medications and shelter
- Allowing residents to remain living in dirty rooms
- Ignoring health hazards, such as lack of clean running water or heat
- Improperly administering medications or not at all
- Failing to treat bedsores and skin ulcers
- Allowing residents to become malnourished or dehydrated
- Failing to provide regular baths or cleaning a resident’s soiled bedding or clothing
- Not reporting injuries or health issues to medical staff, physicians and loved ones
- Ignoring or dismissing a resident’s complaints about staff or other residents
It is important to notify the proper authorities if you suspect your loved one has been abused or neglected in a nursing home, and then reach out to a Lake Havasu City nursing home abuse attorney to discuss filing a claim.
Call 602-222-222 today for a free and confidential consultation.
Who Can Be Liable for Nursing Home Abuse?
There are numerous parties that may be liable in cases of nursing home abuse. This can include the facility, nurses, caregivers and other staff members.
To establish liability, you first must prove negligence and then show how that negligence played a direct role in your loved one suffering some form of neglect or abuse. Negligence on the part of the facility could include hiring unqualified staff, improperly training caregivers, failing to perform background checks ”“ including ruling out those with a history of anger or abuse – and regularly understaffing in an effort to save money.
Negligence on the part of the nurses, staff members and caregivers could include delivering poor basic care, overmedicating residents, failing to give medications, and contributing to malnutrition or dehydration.
Nursing homes and long-term care facilities have a legal duty to provide a safe and healthy environment for their residents. This includes protecting residents from abuse by a third party, such as a contractor, medical supplier, or a guest visiting another resident. If a resident is harmed by a third party, the facility could also be responsible for a lack of adequate security as well as improper supervision of its residents.
Reporting Nursing Home Abuse in Arizona
Arizona law requires all health care professionals, such as nurses, doctors, psychologists, dentists, social workers and interns to report signs of nursing home abuse.
If your loved one has been abused in a nursing home facility and requires immediate medical attention, it is important to contact local law enforcement. For non-emergency services, you can contact the following:
- Adult Protective Services
- Department of Health Services
- Arizona Attorney General
- Long-Term Care Ombudsman
Be sure to act quickly once you suspect nursing home abuse or neglect. Your loved one may be too afraid or even embarrassed to come forward on his or her own. Once the abuse has been reported, we encourage you to contact our dedicated Lake Havasu City nursing home abuse attorneys to get started on your claim. If we represent you, we are prepared to conduct a detailed investigation to determine the parties or parties liable.
Complete ourFree Case Evaluationor call us 24/7 at 602-222-222 .
Can A Resident Leave A Nursing Home?
A resident has the right to leave a nursing home under the following circumstances:
- The current facility may not have the appropriate care the resident needs
- The resident may not like the current facility and asks to be moved to another
- The resident’s power of attorney may decide the resident should be moved
- The resident or their loved one believes he or she is being abused or neglected
Speak With Our Lake Havasu City Nursing Home Abuse Lawyers
Detecting signs of nursing home abuse can be just as difficult as filing a legal claim for compensation. If you think your loved one has been harmed in a facility in Lake Havasu City or Kingman area, do not hesitate to ask questions and take legal action if necessary.
Our lawyers at Phillips Law Group have been protecting the rights of injury victims and their families for almost three decades. We have successfully recovered millions in compensation on behalf of our clients.
Let us review your claim during a free consultation. There is no risk in you calling us and no obligation to move forward. We work on a contingency fee basis, so you do not pay us until you obtain compensation.
We are ready to help. Give us a call at 602-222-222 .
Available 24/7