Nursing home abuse is a serious problem that is complicated by the fact that incidents are difficult to prove and are often covered-up by staff. If you suspect that a loved one is being mistreated in an assisted living facility, a knowledgeable Mesa nursing home physical abuse lawyer could provide you with support and legal guidance to help you navigate your case. With the help of a compassionate injury attorney, you could hold the negligent staff accountable for their actions.
A common cause of mistreatment in nursing homes is inadequate staffing. Assisted living facilities are often understaffed or hire inadequately trained individuals. The National Center on Elder Abuse (NCEA) reports that that 91 percent of nursing homes do not employ adequate staff to deliver proper care to patients.
Under Arizona law, nursing home facilities are required to have sufficient nursing staff to provide nursing and related services to maintain the well-being of each resident. Physical abuse often occurs when facilities have insufficient staffing levels to maintain quality of care and treatments for all residents. Facilities also leave residents vulnerable by not providing ongoing training to staff, not implementing monitoring systems, and not enforcing procedures and standards of care that are clear and compassionate. An experienced lawyer in Mesa could determine if understaffing or poor training contributed to a nursing home resident’s physical abuse.
Sudden suspicious or unexplained changes in a nursing home resident’s physical or emotional conditions may be an indication of physical abuse, and cause to contact an attorney. Common signs that should be investigated carefully include:
If these signs are present, it is essential to investigate and immediately alert the facility administrator of the issue, and the designated state agency. Recognizing signs of physical abuse can prevent ongoing future harm.
Arizona law requires that health care practitioners who suspect elder or dependent adult abuse to report the circumstances to the Arizona Attorney General’s office, Arizona Department of Health Services, and Adult Protective Services. The Department of Health Services are mandated to investigate all reports of elder abuse. Individuals can file complaints against many different departments and levels of staffing at nursing homes.
The family of an incapacitated or vulnerable adult whose life or health has been endangered or harmed by abuse may file a lawsuit against the responsible party. In addition to employees, facilities can be held liable for negligent or abusive care, which causes injury to or the death of a resident. A claimant may be entitled to recover medical expenses, pain, suffering, and emotional distress. Punitive damages can also be awarded in cases of severe misconduct.
Time is of the essence in filing nursing home abuse cases. In Arizona, a claimant must file a claim within two years from the date of the misconduct. Nursing home abuse cases can be complicated and often involve large companies who have ample financial resources to fight back. A dedicated Mesa nursing home abuse attorney could help a family determine who is responsible for their loved one’s injuries and provide the resources to fight on their behalf.
Numerous health and emotional problems occur as a result of nursing home physical abuse. If your loved one has suffered from abuse while a resident of an assisted living facility, prompt intervention can prevent further injuries. Mesa nursing home physical abuse attorneys understand the emotional toll and devastating effects that abuse can have. Call today to learn about your legal options.