Peoria Nursing Home Abuse Attorneys
Has your elderly loved one suffered abuse or neglect at a nursing home?
The attorneys at Phillips Law Group offer a free consultation to discuss whether you may be eligible to pursue compensation on your loved one’s behalf. You may be able to obtain compensation for medical expenses, pain and suffering and other damages. There is no obligation to take legal action after meeting with us and our lawyers are not paid unless our clients receive compensation.
Over more than 27 years serving Arizona injury victims, our firm has obtained more than $750 million in compensation in a wide variety of personal injury cases. Our founder Jeffrey Phillips is a member of The National Trial Lawyers Association – Top 100 and has served as lead counsel in more than 40 jury trials.
Free consultation. 1-800-706-3000
Do I Have a Nursing Home Abuse Case?
This is a question our attorneys are prepared to answer after meeting with you and reviewing what happened. We need to learn about the injuries and damages your loved one suffered and how these things happened.
We may also consider whether a facility or staff member has a history of abusing or neglecting residents, including past lawsuits or claims against staff members or the facility itself.
In order to pursue a nursing home abuse claim, we must be able to prove negligence occurred. Negligence refers to the breach of a duty of care. This negligence must be directly linked to your loved one’s injuries and damages.
Examples of negligence could include violations of your loved one’s rights granted by state and federal law or intentional physical abuse of your loved one.
Our firm has the resources and experience to thoroughly investigate these cases, gather detailed evidence, value damages, and handle each step of the legal process.
Learn more about how we may be able to help you by calling 1-800-706-3000. No upfront fees.
Liability in a Nursing Home Abuse Case
Generally, staff members, administrators, health care providers and nursing homes themselves can be held liable for abuse or neglect, depending on the specifics of the case.
Others who may be liable include vendors, manufacturers of medical equipment and devices, people visiting other residents, and owners of nursing homes.
These people/entities are often held liable for the following reasons:
- Lack of staff at the facility, which often results in neglect of residents
- Poor security that allows outsiders to come in and abuse residents
- Failure to monitor staff members to ensure they are doing their jobs properly and residents are receiving the care and attention they need
- Poor hiring practices, including failing to do background checks or hiring staff members with a lack of experience or a history of abusing residents
Unsure of who may be liable for your loved one’s abuse? Call a Peoria nursing home abuse lawyer today at 1-800-706-3000.
Damages for Nursing Home Abuse/Neglect Victims
You may be eligible to pursue compensation for past, current and future medical expenses for treating your loved one’s injuries. This includes the cost of ambulance transportation, surgery, physical therapy and rehabilitation, medical equipment, doctor appointments, prescription medications and other relevant expenses.
However, there are other forms of compensation as well. For example, your loved one may be eligible to receive compensation for physical pain and emotional suffering. Examples of emotional suffering may include anxiety, depression and loss of sleep.
In cases of severe or intentional negligence, our attorneys may be able to pursue punitive damages to punish the at-fault party and help prevent similar behavior by others in the future. These damages are not connected to any specific loss suffered by your loved one.
There is no cap on damages in Arizona, so our attorneys are prepared to pursue maximum compensation if you have a case.
What Are My Loved One’s Rights as a Nursing Home Resident?
Federal and state legislators have passed laws granting many rights to residents of nursing homes and long-term care facilities, including the landmark Nursing Home Reform Act, which was signed into law back in 1987. Arizona law also grants rights to nursing home residents.
The purpose of these federal and state laws is to encourage facilities to promote the individual dignity and right to self-determination of the residents under their care and prevent abuse or neglect.
If any of these rights were violated by a nursing home where your loved one is staying, and your loved one suffered injuries or damages, you may have a valid case.
Some of the rights granted to your elderly loved one include the right to:
- Be informed of your rights in a language or manner you understand
- Be informed of rules and regulations, particularly policies on transfers or discharges from the facility
- Be treated with dignity and respect by those at the facility
- Be free from any form of abuse (physical, sexual or mental) or neglect
- Be informed about medical treatment and have the option of refusing treatment
- Live in a safe, clean and comfortable environment
- Apply for Medicare or Medicaid and receive assistance if necessary
- Manage their own finances
- Receive quality care and treatment without discrimination
- Keep health information confidential
- Privacy regarding personal hygiene and personal care and medical treatment
- Take part in social, religious and community activities
- Make complaints without fear of retaliation
- Choose your own doctor
- Receive written notification about an impending transfer or discharge
- Refuse restraints unless it is an emergency
Unfortunately, these rights are often violated by staff members and others. When this happens, it is important to discuss the situation with a licensed Peoria nursing home abuse lawyer in a free consultation.
We are ready to take your call 24/7. 1-800-706-3000
Forms of Nursing Home Abuse or Neglect to Watch For
Nursing home abuse can usually be broken out into five main categories. Below, learn more about these types of abuse and the signs they may be happening.
This generally refers to physical attacks on a nursing home resident that result in injuries. For instance, this may include hitting, punching, slapping, kicking, shoving or some other physical force.
If you see any cuts or bruises, broken bones, burns or other physical injuries your loved one cannot explain, physical abuse may be occurring.
Abuse is not always physical, sometimes psychological abuse can be just as bad or worse than a physical attack. Nursing home residents have been harassed, threatened, intimidated, isolated on purpose, called names or verbally abuse in some other way.
If you notice changes in your loved one’s mood, such as depression, social withdrawal, fear around staff members or loss of appetite, it could be sign he or she is suffering some form of psychological abuse.
This can result in bedsores, infections, weight loss, compromised immune system, falls, poor hygiene and other serious problems. Neglect is often caused by understaffing, which has been an ongoing problem for nursing homes. In an understaffed facility, staff members do not have as much time to spend caring for every resident, so some residents and their needs are neglected. This may not be intentional on the part of staff members.
Any unwanted sexual contact is a form of sexual abuse, from groping and touching the genitals to taking pictures of a resident in a compromising position. There have also been cases where staff members and others post embarrassing pictures of residents to social media. An obvious sign of sexual abuse could be a sexually transmitted disease.
When others steal money, open credit cards in a resident’s name, buy things with a resident’s money, or steal personal property, they have committed financial abuse. If you discover large withdrawals or an increase in spending or anything else that seems out of the ordinary, someone may be taking advantage of your loved one.
The Peoria nursing home abuse lawyers at Phillips Law Group are prepared to discuss possible legal options for the abuse or neglect your loved one suffered.
Our firm can be reached by phone at 1-800-706-3000
Reporting Nursing Home Abuse
In an emergency, where you fear for your loved one’s safety, call 9-1-1. The police can file a report that could help you build a case over your loved one’s abuse or neglect.
It is also important to contact the facility and report what is happening. Under Arizona law, they are obligated to report the situation to regulators in the state.
However, you should also contact the authorities to report what is happening to help ensure the situation will be investigated, such as Arizona Adult Protective Services.
You may also want to maintain a journal where you note what has happened, along with important dates and times, such as appointments with doctors and contact you made with the authorities.
Take pictures of injuries and the accident site to help show what happened and how negligence may have been involved. For instance, a messy room could help your attorney prove negligence.
Set Up a Free Consultation With a Peoria Nursing Home Abuse Attorney
If your loved one has been physically injured or suffered psychological damage because of nursing home abuse or neglect, our licensed attorneys are available to discuss potential legal options. We understand compensation cannot change what happened, but it may help you and your elderly loved one manage the damages you have suffered while you attempt to move forward.
The consultation is free of charge and there is no obligation to file a lawsuit. If you hire our firm, we work on contingency, so there are no fees unless we recover compensation on your behalf.
Phillips Law Group: 1-800-706-3000.