Gilbert Nursing Home Abuse Lawyer

Nursing home abuse laws in Arizona exist to safeguard the interests, rights, and health of residents. When a nursing home resident feels that mistreatment or misconduct has occurred, a Gilbert nursing home abuse lawyer could help present their grievances and protect their fundamental rights.

A seasoned personal injury attorney who frequently handles cases concerning nursing home abuse could thoroughly investigate the circumstances involving you or a loved one’s alleged abuse and fight for the just compensation you deserve.

Gilbert Nursing Home Resident Rights

Under Arizona law, nursing home residents’ rights include, but are not limited to, the following:

  • The right to receive help from others in exercising, understanding, and protecting the rights of each resident
  • The right to be free from manipulation, exploitation, neglect, seclusion, abuse, coercion, and unnecessary restraint
  • The right to remain fully informed of their medical conditions and health status
  • The right to refuse treatment or withdraw consent of treatment
  • The right to receive treatment which supports and respects each resident’s abilities, choices, and strengths
  • The right to secure a referral to an alternative nursing home facility if the current facility is unable to offer the proper behavioral or physical services
  • The right to be informed regarding the facility’s policies for healthcare directives and the complaint process

Gilbert Nursing Home Facility Requirements

Arizona law also imposes specific standards and guidelines for the operation, maintenance, and accommodations provided in nursing home facilities. Gilbert nursing home facility requirements include:

  • Physical separation between dining and food preparation areas
  • A sufficient size and number of dining tables and chairs to accommodate nursing home residents
  • Bathrooms containing one sink and toilet for every ten residents
  • Slip-resistant flooring surfaces and areas where bathing facilities are located
  • Maintenance of a facility temperature ranging from 68 to 82 degrees Fahrenheit
  • An accessible outdoor activity area free from dangerous hazards and featuring a shaded area
  • 40 square feet or more of inside activity space for every resident

A nursing home abuse lawyer in Gilbert would manage all aspects involved in investigating the injured victim’s abuse and identify any violations of Arizona nursing facility laws. This could include speaking with staff members to pinpoint what happened, taking pictures of the individual’s injuries and the location where the abuse occurred, and gathering records that could help the case. An experienced attorney could also consult with medical experts and review the qualifications of staff involved in the abuse to ensure they fulfill all state and federal-mandated requirements.

Damages in a Gilbert Nursing Home Abuse Case

Arizona Revised Statutes § 12-542 provides two years to file a lawsuit for damages stemming from personal injury or wrongful death caused by nursing home abuse. For an injury claim, the clock starts running on the date the injury occurred. In the case of wrongful death, the statutory deadline would start to run on the date of the individual’s death.

A Gilbert lawyer could help the injured party pursue a range of compensation in a nursing home abuse case, including economic and non-economic damages. Economic damages are any damages that have a defined monetary value, such as medical bills, emergency transportation costs, doctor visits, physical therapy services, and prescription drugs.

Non-economic damages do not have a defined monetary value and could include compensation for things like physical pain and suffering, emotional suffering, loss of enjoyment of activities, physical impairment, and disfigurement. In certain cases involving especially egregious negligence and elder abuse, the court may also award punitive damages to the plaintiff. These damages serve to punish the defendant and attempt to hinder others from future conduct.

Call a Gilbert Nursing Home Abuse Attorney for a Consultation

If you or a loved one has suffered nursing home abuse, contact a Gilbert nursing home abuse lawyer today for a no-obligation consultation to assess your legal options. You will have the opportunity to discuss your concerns, ask questions regarding how an attorney could help with your case, and learn what to expect during the legal process.

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