Elder Abuse

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Phoenix Lawyers Representing Physical Abuse of the Elderly Claims

Strong advocacy for seniors who suffer physical abuse in Arizona

It’s hard to think that the people and organizations that seniors and families entrust to care for the elderly can physically abuse them. Sadly, physical abuse by at-home caretakers, nursing homes, assisted living facilities, and other caretakers is all too common. Often physical abuse occurs because the caretaker is not qualified to be a caretaker, is overworked, or is not trained. Many physical abuse victims have cognitive impairments. Physical abuse is generally vastly underreported in Phoenix and nationwide because the victims are either too afraid to report the abuse or don’t have the mental or emotional ability to report the abuse.

At Garcia & Artigliere, our Phoenix elder abuse lawyers have been fighting for the elderly since 1993. We file claims in federal and state courts to hold abusive caretakers accountable. Accountability means paying for the medical care, pain and suffering, and loss of the quality of life that physically abused seniors suffer. Accountability means settlements, verdicts, and court orders that require that the caretaker develop policies to prevent and respond to physical abuse. Our elder abuse and neglect lawyers have helped thousands of seniors and families obtain more than $3 billion in recoveries for abuse and wrongful death actions. Call our Arizona elder care lawyers today if the unthinkable is happening – if your loved one is being physically abused.

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What is physical abuse?

The National Institute on Aging defines physical abuse of the elderly (anyone 60 or older) as any type of bodily harm, such as when a caretaker hits, pushes, slaps, or punches a senior. Sexual assault is a form of physical abuse. Physical abuse also includes using physical or chemical restraints. Physical abuse may also include intentionally denying a senior his/her medicines.

Physical abuse is illegal. Caretakers who physically abuse a senior may be charged with a crime. They should be held accountable civilly – which means paying damages for the harm the caretaker causes.

What are the signs and symptoms of physical abuse of seniors in Phoenix?

The elderly rely on you to notice and report physical abuse. Family members, friends, other caretakers, and anyone who cares for a senior’s well-being should take the time to notice if a senior:

  • Is bleeding
  • Has a scar, bruise, or cut that can’t be explained
  • Is feeling anxious, depressed, or irritable
  • Is withdrawn
  • Is incommunicative
  • Has lost weight or gained weight
  • Has new injuries after the old ones heal
  • Needs ER care
  • Dies unexpectedly
P Nursing Home Neglect

What are the causes of physical abuse of the elderly in Phoenix?

At Garcia & Artigliere, our Phoenix physical abuse of the elderly lawyers understand why abuse happens, why the abuse is never excusable, and why any person or any organization that supervises the abuser or helps enable the abuse may also be responsible.

Individual caretakers may physically abuse a senior due to:

  • Not having the training or experience to care for seniors who have cognitive, physical, or emotional problems
  • Being overworked or overstressed
  • Alcohol or drug abuse problems
  • Antisocial behavior
  • Personal conflicts

Nursing homes in Phoenix may be responsible for the physical abuse of a senior if the home:

  • Fails to train or educate their staff about the signs and symptoms of physical abuse
  • Fails to educate their staff about how to help residents with dementia or Alzheimer's
  • Fails to vet their staff for prior criminal offenses or prior care complaints filed with local agencies
  • Doesn’t examine the staff member’s qualifications
  • Does not have enough qualified staff members
  • Doesn’t have policies and procedures in place to discover, monitor, and respond to physical abuse by anyone (employees, volunteers, visitors, contractors, and others) who has contact with a senior resident
  • Fails to have and use disciplinary policies, including terminating the employment of a physical abuser
  • Fails to rotate the staff members who care for each resident

At-home caretakers, adult care centers, nursing homes, and other caretakers should regularly review who spends time with seniors they are caring for since the physical abuser can be almost anyone.

What types of injuries do seniors who are physically abused seniors suffer?

Seniors are more likely to suffer serious injuries due to changes in their immune system response, inability to heal quickly, brittleness of their bones, and many other health factors. That’s one of the reasons any physical abuse of a senior is so frightening. Physical force can cause traumatic brain injuries, paralysis and other spinal cord injuries, broken bones, amputation, nerve and tissue damage, severe burns, sensory damage, and other types of harm.

Physical abuse of a senior in Phoenix also includes medication mistakes, failure to respond to stroke symptoms, and other types of medical misconduct. Caretakers should be able to quickly arrange for emergency medical transport to a nearby hospital. Caretakers who administer medications should never intentionally refuse to administer the correct drugs, at the correct times, in the correct dosages in order to restrain or quiet the senior.

Physical abuse of a senior often requires hospitalizations and extensive rehabilitative therapy. Most seniors who are physically abused in Phoenix suffer chronic physical and emotional pain.

Who is responsible when a Phoenix senior is physically abused?

At Garcia & Artigliere, our Phoenix physical abuse of the elderly lawyers work aggressively with the police, prosecutors, investigators, and physicians to hold the abuser and those who should have stopped the abuse or treated the abuser faster accountable.

We coordinate the Arizona physical abuse claim with any criminal charges or disciplinary actions. We help seniors file complaints with the Arizona long-term care ombudsman office.

Our elder abuse and neglect lawyers file actions against:

  • The abuser
  • Nursing homes, long-term care facilities, community adult centers, and home-health services if the abuser was an employee and the caretaker failed to supervise, monitor, and discipline the employee
  • Caretakers in facilities who fail to review which people can visit the senior, when the visit can take place, and where the visit can take place

Our Phoenix physical abuse lawyers have successfully represented many abused seniors in claims against caretakers who failed to take the necessary steps to stop the physical abuse of your loved one. We have obtained numerous results for six, seven, and even eight figures for our client including one elder abuse settlement for $38,600,000. Our lawyers are skilled at showing how the abuse occurred, who is responsible, and all the ways the injuries demoralize and traumatize the victims.

What is the value of my Arizona physical elder abuse claim?

At Garcia & Artigliere, our Phoenix physical abuse of the elderly attorneys have been advocates for the elderly since 1993. We demand all the compensation Arizona law permits, including all current and future:

  • Medical expenses for physical and emotional care
  • Pain, suffering, and loss of life’s pleasure
  • Economic losses
  • Loss of function of any body part

Physical abuse of the elderly is so unconscionable that our Phoenix elder abuse lawyers regularly seek punitive damages against everyone responsible.

We also file a claim for wrongful death damages for the family if physically abuse by a caretaker causes the death of your loved on.

How much time do I have to file an elder abuse claim in Arizona?

Time is of the essence. It’s critical to stop the abuse now to protect your loved one and any other senior in the caretaker’s care. The abuse should be reported promptly to local law enforcement, the state ombudsman if nursing home abuse occurred, the Adult Protective Services for Arizona, and our experienced and respected Phoenix physical abuse lawyers.

The best step to take is to contact our elder abuse lawyers as quickly as possible so we can promptly encourage your loved one to assert his/her rights, investigate what happened, review the injuries with the doctors, and file the necessary complaints and every responsible party. The time limits lines for filing a physical abuse complaint in Arizona are short and may vary depending on the type of claim. The sooner you contact us, the better.

Do you have an elder abuse lawyer near me?

All responsible parties need to be held accountable for the physical abuse of the elderly in Phoenix. Often, more than one senior is suffering abuse. At Garcia & Artigliere, our Phoenix physical abuse of the elderly lawyers are tireless advocates for the elderly who suffer abuse and their families if their loved one died from the physical abuse. We’ll explain how the elder abuse claim process works and assert your right to compensation.

Stop physical abuse now. Speak with our Arizona elder abuse lawyers at Garcia & Artigliere now

Seniors should be able to trust that their caretakers will help them live every moment to the fullest. Physical abuse of the elderly causes physical pain and emotional suffering, robs seniors of their trust, and prevents the elderly from enjoying their lives to the fullest.

To discuss your elder care rights call or contact our offices today to schedule a free, case evaluation. We maintain additional offices in Los Angeles, Long Beach, Louisville, and New Orleans.. There are no upfront charges. We will only receive compensation if you do.

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