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Phoenix Lawyers Handling Claims of Elder Neglect
150+ combined years advocating for seniors who suffer harm due to caretaker neglect in Arizona
Caretakers in Phoenix may be liable for elder neglect even if there is not any physical, sexual, or emotional abuse. Elder neglect occurs when a caretaker such as a home-health service, adult agency, nursing home, or assisted living facility has a duty to care for a senior, breaches that duty, and that duty causes the senior harm. The people and businesses that provide elder care and health care for seniors need to know the federal and Arizona laws that apply. They need to follow the best practices of their industry.
At Garcia & Artigliere, our Arizona elder abuse and neglect attorneys have helped thousands of seniors in Arizona and nationwide obtain high settlements and verdicts when caretakers are neglectful – when their failures to protect the seniors in their care should have been prevented. We work with professionals in the nursing home industry including local officials and elder care advisers who understand what safety protocols should have been in place but were not. In addition, to our experience showing why a caretaker was irresponsible, we are respected nationally for our ability to show the physical and emotional harm that elder care neglect causes.
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How can we help?
- What types of elder care in Phoenix are considered neglectful?
- Why is elder care neglect dangerous?
- What factors contribute to elder care neglect in Phoenix?
- What rights do the elderly have in Arizona when neglect causes physical injuries and emotional harm?
- Do you have an elder neglect lawyer near me?
What types of elder care in Phoenix are considered neglectful?
At Garcia & Artigliere, our Phoenix elder neglect lawyers understand what steps and policies at-home, community, and residential caretakers should take to protect the seniors in their care. Elder care neglect includes:
- Failing to provide an elder person with essential needs. The US Centers for Disease Control and Prevention (CDC) states caretakers need to provide the basic necessities of food, shelter, and clothing. Caretakers also need to ensure the food is nutritious and the senior receives quality medical care. The bed should be comfortable, the clothes should match the senior’s style, and the senior should be clean and well-groomed.
- Failing to create and implement fall prevention and mobility strategies. Home-health aides, nursing homes, and other caretakers in Phoenix should understand the mobility challenges of each person they care for. There should be written fall prevention strategies in place such as periodic reviews of any damage to the floors or carpets. The railways should be sturdy. There should be room for wheelchairs to maneuver. Seniors should be able to see at all hours. Nursing home and other residential care facilities should be designed to minimize the risk of falls and the severity of any falls such as by making it easy for seniors to bathe.
- Medical neglect . Nursing homes in Phoenix are normally required to provide medical care in addition to providing a safe living facility. Other Arizona caretakers may also have a contract or order to provide quality healthcare. Our lawyers are skilled at showing the following types of medical neglect caused a senior to suffer injuries or death:
- Not giving the senior the correct medicines at the correct times in the correct dosages
- Not anticipating possible adverse drug interactions with other drugs and adverse reactions, such as allergies
- Not keeping accurate medical documentation
- Using chemical restraints to “calm” a senior against the medical advice of the senior’s physician
- Failing to identify, prevent, and treat bed sores, breathing difficulties, scabies, bladder and bowel disorders, infections, and other medical disorders
- Not checking to be sure the senior has the proper nutrition and hydration
- Emotional and social neglect. Personal caretakers, nursing homes, and other agencies and facilities should ensure that the senior communicates with family and friends and participates in social activities
Why is elder care neglect dangerous?
Caretakers in Phoenix who neglect the seniors in their care may cause:
- Bowel and bladder disorders
- Infections
- Broken bones
- Dehydration and malnutrition
- Diseases that are contagious
- Skin disorders
- Medication mistakes that can prevent the senior from getting the medical care he/she needs to stay alive or function well and other injuries
- Wandering/elopement
- Isolation
- Anxiety and depressions
In the worst cases, elder care neglect in Phoenix may be fatal.
What factors contribute to elder care neglect in Phoenix?
Private caretakers, adult senior care centers, nursing homes, and other residential senior care facilities should have working relationships with gerontologists, family physicians, engineers, and professionals in the senior care business to address all the likely problems seniors may have or may develop.
These relationships can address a variety of problems. The proper engineering design of a facility can reduce the risk of falls. Working relationships with physicians can help identify the symptoms of stroke and other disorders. Conversations with industry professionals can help the caretakers take proactive steps to address any senior healthcare problems before they arise. Proper planning can ensure the senior is in contact with his/her family or friends.
Our Phoenix elder neglect lawyers are skilled at showing why caretaker neglect caused your loved one to suffer. Some of the possible reasons elder care neglect occurs include:
- Not checking the qualifications of the employees and staff. Elder care workers should be questioned about their licenses and credentials. These qualifications should be verified.
- Not running background checks. Seniors are vulnerable – emotionally, physically, and cognitively. Caretakers such as nursing homes and home-health services should vet their employees to determine if they have a criminal record, were named in civil complaints, or pose any other type of risk.
- Not having the correct staff levels. Elder care agencies and facilities in Phoenix should have enough qualified personnel to care for each senior and to rotate that care as a precaution against abuse and fatigue.
- Failing to train their staff. Caretakers in Phoenix should educate their staff about any federal or state regulations as well as the safety and neglect avoidance policies of the elder care agency or facility. The members should be updated on any new regulations or policy changes. The care providers should be monitored to ensure that they are complying with these regulations and policies.
- Failing to prepare and implement an individual care plan. Each elder person is unique. The care providers should have specific plans to identify the needs of each senior, such as which medications to take and specific plans for responding to any emergencies, including which family doctors and family members to call.
Each caretaker agency or facility should write down its safety policies and procedures so every staff member and resident can read them, review them, and suggest improvements.
What rights do the elderly have in Arizona when neglect causes physical injuries and emotional harm?
Seniors have rights. At Garcia & Artigliere, we ensure that seniors understand that they have the right to file grievances with the police or local governmental agencies. Residents of nursing homes can also contact the state ombudsman when there is abuse or neglect.
The best course of action when a senior is injured due to elder care neglect is to contact our Phoenix office. We’ll explain your rights, answer all your questions, explain your remedies, and fight aggressively to hold the responsible caretakers accountable if their negligence causes harm.
Our Phoenix elder neglect lawyers demand compensation for the senior’s:
- Medical expenses, including ER care, hospital care, doctor visits, psychological help, physical therapy, and all other medical costs
- Daily physical pain and emotional suffering
- Loss of bodily function
- Loss of quality of life
- Any financial damages
We file wrongful death actions if neglect took the life of your loved one. The damage claim includes funeral and burial expenses; the loss of financial support, and personal losses such as the loss of guidance and companionship.
In especially egregious cases, we seek punitive damages.
Do you have an elder neglect lawyer near me?
Home-health caretakers, nursing homes, hospitals, and other elder care agencies and facilities should be ready for the daily challenges seniors face. At Garcia & Artigliere, we assert the rights of seniors to compensation for injuries caused by neglectful senior care or medical care.
Talk with Garcia & Artigliere in Arizona today if your elder care neglect caused your loved one harm
At Garcia & Artigliere, our Phoenix elder abuse and neglect lawyers have earned the respect and admiration of former clients and the legal community – nationwide – for our advocacy and our impressive record of settlements and verdicts for seniors who are abused or neglected. We’re ready now to assert the rights of any senior who suffers neglect in Arizona.
Call us or contact us in Phoenix today to schedule a free case evaluation. We maintain additional offices in Los Angeles, Long Beach, Louisville, and New Orleans. We only receive compensation if your case is successful. Call us for help today.
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