Glendale Nursing Home Abuse Attorney
Trying to find a nursing home where a loved one feels well-cared for is a huge responsibility. However, when facilities are understaffed, this can lead to elderly neglect or abuse. If you suspect your loved one has suffered harm in a nursing home, it is natural to feel anger, fear and other emotions, but you may also have a lot of questions.
At Phillips Law Group, we are committed to finding the answers you need and working tirelessly to obtain justice for your loved one. Our Glendale nursing home abuse attorneys have recovered more than $750 million in damages for our personal injury clients. Attorney Timothy Tonkin has over 20 years of legal experience representing nursing home abuse victims. He is also a member of the State Bar of Arizona.
There is no risk for you to schedule a free consultation. We work on a contingency basis, which means that there are no upfront legal fees for our services. We do not get paid unless we are successful in recovering compensation on your loved one’s behalf.
Call 1-800-706-3000, day or night, to learn how we may be able to help.
Arizona Nursing Home Residents Have Rights
Residents of nursing homes are protected by both federal and state laws. Federal rights include, but are not limited to, the right for a resident to be treated with dignity, to be free from abuse, mistreatment and neglect, the ability to participate in his or her own medical care, and the right to communicate freely.
Arizona’s nursing home resident rights are similar in content, and specifically include the right to:
- Receive courteous treatment and care in a safe environment that is free of abuse, neglect, exploitation, manipulation, coercion, seclusion, and unnecessary restraint
- Receive assistance, when needed, to protect, explain or to help exercise each resident’s rights
- Review his or her medical records and participate in his or her medical care treatment
- Choose an alternative doctor or facility if his or her facility is unable to provide appropriate care
- Be informed ahead of time about any planned medical care
- Refuse any type of medical treatment he or she does not want to receive – before it is initiated
- Be informed about the facility’s complaint process or other policies on health care directives
If you think your loved one’s rights were violated, you may be eligible to file a nursing home abuse claim against the facility. Call our firm and let us help determine your legal options during a free consultation.
Types of Neglect in Glendale Nursing Homes
Neglect is a common form of elderly abuse in nursing facilities that may stem from substandard hiring practices, poor employee training and insufficient staffing ratios.
Nursing home neglect may be defined as:
- Neglect of basic needs – Failure to provide proper nutrition, water, or a clean and safe environment
- Neglect of personal hygiene – Failure to provide sufficient help to maintain proper personal hygiene
- Medical neglect – Failure to provide adequate healthcare for a resident
- Social or emotional neglect – Failure to actively tend to a resident’s needs, or provide necessary interactions with other residents
Signs Your Loved One May Be a Victim of Nursing Home Abuse
Elderly abuse in nursing homes can take many forms. One of the first signs of any type of abuse from a resident in a nursing facility is becoming withdrawn or exhibiting other sudden or unusual personality changes. If you sense tension, discomfort or fear from your loved one when certain caregivers are around, or one of the staff members refuses to leave you alone with your him or her, there may be cause for concern. Here are some signs that may warrant a closer look into a family member’s care:
- Physical abuse – Unexplained or frequent broken bones, bruising, burns or other healed marks on the body from previous injuries
- Psychological abuse – Sudden onset of atypical behaviors, like body rocking, thumb sucking or mumbling nonsensical things or becoming withdrawn from social settings
- Neglect – Poor personal hygiene, dirty or unsafe living environment, dressing in unsuitable clothing for the climate or time of day or living in filthy or soiled clothing or bedsheets
- Financial fraud – The unauthorized use of a resident’s monetary assets, including stealing his or her financial identity, cashing checks or withdrawing funds from an ATM without knowledge or consent of the resident, or intimidating a resident into signing over power of attorney
- Sexual abuse – New diagnosis of a sexually transmitted disease, blood-stained sheets or torn underwear, bleeding in sensitive areas that is not related to any existing medical condition, or unexplained bruises around his or her genitals or breasts
- Healthcare fraud – Billing for medical services that were not administered, billing for services, supplies or procedures that are more expensive than what was actually performed or used, or using a resident’s identity to obtain controlled prescription medicines
Although every case is different, our experienced Glendale nursing home abuse lawyers believe that all residents have legal rights that must be protected. We are prepared to conduct a detailed investigation to determine the liable party or parties responsible for the pain and suffering your loved one has endured.
Call 1-800-706-3000 now for our free and confidential consultation.
Who Can Be Held Liable for Nursing Home Abuse?
Nursing home abuse claims are complex. There may be multiple parties liable for abuse against your loved one. For example, the owners of the facility may be held liable for not providing adequate resident care and protection. Failing to properly monitor, train or hire staff, such as performing necessary background checks, are also incidents of abuse for which the nursing home could be responsible.
Nursing home staff members may be held liable if they failed to provide timely care for injuries, mobility issues, or required changes in medications. A general lack of compassion and attention to residents could indicate a larger issue of abuse taking place, possibly involving more than one resident.
Even a third party, such a contractor or medical supplier, may be held liable for failing to properly maintain equipment, or there was a defect in the design or manufacturing of the equipment that caused a resident to suffer injuries. If another visitor or trespasser to the facility abuses or otherwise causes harm, the nursing home could once again be responsible for failing to provide sufficient security.
To prove liability, the law requires certain conditions to be met, including:
- Establishing the party had a duty of care to your loved one
- Proving there was a breach of that duty of care
- Providing evidence that the harm to your loved one was directly caused by the facility’s breach of duty of care
In a lawsuit for nursing home abuse, you must prove that negligence was involved. This is why it is a good idea to contact a trusted and knowledgeable attorney, like the ones at Phillips Law Group, who are well-versed in Arizona’s nursing home abuse laws. Let us review your situation and discuss your rights.
Damages You May Recover in a Nursing Home Abuse Case
There are several types of damages you may be able to recover from nursing home abuse. If you have a case, an experienced attorney from our firm can assist you in calculating the true value of your damages. Generally, these damages could include:
- Economic damages – These are tangible damages related to the harm of your loved one. This could include medical expenses, emergency services, physical or emotional therapy, doctor visits, reimbursement of financial exploitations and more.
- Non-economic damages – These damages are more difficult to monetize, but could include physical pain and suffering, mental trauma, disfigurement and loss of enjoyment of life.
- Punitive damages – In rare cases where the resident was maliciously and intentionally abused, these damages may be assessed to punish the offender.
What to Do if You Suspect Nursing Home Abuse
Nursing home abuse is happening at an alarming rate across the country. One of the reasons it is so difficult to catch the perpetrators is that the victims, in addition to being terrified, may often be suffering from dementia, Alzheimer’s or other mental conditions. This makes it difficult for a resident to communicate - or be taken seriously – when something has happened.
Fortunately, there are multiple resources to reach out to for help if you suspect your loved one may be a victim of nursing home abuse. If you are concerned that your loved one’s safety is in immediate danger, then you should call 9-1-1 without delay.
If the situation seems suspicious, but does not seem to be life-threatening, report the incident to local law officials or through the Arizona Adult Protective Services hotline. Some additional steps you can take that may help protect your legal interests include:
- Keep a journal to record the date and documentation of any odd things you notice – from abnormalities in your loved one’s financial activity, to unusual or out-of-character behavior.
- Take photos of any unexplained injuries, along with any other helpful details
- Date and document conversations with staff, and be as accurate as possible
- Contact an experienced nursing home abuse attorney to review your claim
Can Residents Be Removed From a Nursing Home?
A resident may leave or be removed from a nursing home for various reasons, including:
- The current facility may not meet the needs of your loved one
- Your loved one may not like the current facility and may ask to move to a different nursing home
- The power of attorney for your loved one may determine that the resident should be moved
- A resident may also be removed from a Glendale nursing home if a loved one believes he or she is in danger from suspected elderly abuse or negligence. It is a good idea to file a report with the local authorities at the same time.
Contact a Glendale Nursing Home Abuse Attorney for Help
Nursing home abuse claims are especially complex. If you suspect your loved one has been the victim of elderly abuse or negligence, contact one of our Glendale nursing home abuse attorneys now to find out how we may be able to help. Schedule a free consultation to so we can review the merits of your claim.
We accept nursing home abuse cases on a contingency fee basis. There are absolutely no upfront fees or out-of-pocket costs for our legal services, and even after we represent you, we do not get paid unless we are successful in obtaining compensation on your behalf. We are open to chat 24 hours a day, seven days a week.
Our law office is an easy drive, just 30 minutes southeast of historic downtown Glendale.
Call Phillips Law Group today at 1-800-706-3000.