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Phoenix Nursing Home Abuse & Neglect Attorneys
Holding Arizona nursing homes accountable for the mistreatment of the elderly
Nursing homes provide medical care in addition to social living arrangements. The residents of nursing homes in Phoenix and throughout Arizona have the right to expect that the operators and managers of the nursing homes will protect the residents, respect their rights, work to address any abuse, and take steps to prevent problems that have caused seniors harm.
At Garcia & Altigiere, our Phoenix nursing home abuse and neglect lawyers have been fighting for residents since 1993. Our dedication, tenacity, and persuasiveness have helped us garner more than $3 billion for consumers across the nation. We are skilled at working with active seniors, seniors who have cognitive impairments such as dementia or Alzheimer’s, and families when nursing home abuse or neglect tragically takes the life of a senior.
Contact our award-winning legal attorneys now if you or someone you’re concerned about is being mistreated or is not receiving quality care. We’re ready to pursue your claim today. There is no fee for the initial consultation. All conversations are confidential.
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How can we help?
- How is nursing home abuse and neglect in Phoenix defined?
- What are the signs of nursing home abuse or neglect?
- What rights do residents of Arizona nursing homes have?
- Who is responsible for nursing home abuse and neglect in Phoenix?
- What should I do if I think my loved one is being abused or neglected in a nursing home?
- Do you have a nursing home abuse and neglect attorney near me?
According to the National Council on Aging, nearly five million American seniors are abused each year, robbing them of their dignity, safety, and – in some cases – their lives.
How is nursing home abuse and neglect in Phoenix defined?
The US Centers for Disease Control and Prevention (CDC) categorizes abuse of seniors (anyone 60 years of age or older) as follows:
| Category | Definition | Examples |
|---|---|---|
| Physical Abuse | Physical abuse occurs when a senior suffers any pain, injury, illness, loss of bodily function, or death due to the intentional use of physical force | Physical abuse includes pushing, striking, slapping, hitting, or burning a senior. Physical abuse also includes the use of physical or chemical restraints. |
| Sexual Abuse | Sexual abuse occurs when ere is nonconsensual sexual interaction or force with a senior – including seniors with cognitive impairments who are incapable of giving consent. | Sexual abuse includes sexual contact, penetration, sexual harassment, and other non-contact acts. Sexual abuse is unconscionable. |
| Neglect | Neglect is the failure of the nursing home to take proactive steps to avoid harm from happening to seniors. | Nursing home neglect includes failing to feed or hydrate a senior, improper medication administration, and failing to prevent falls. |
Other types of abuse, according to the CDC, include emotional abuse and financial abuse.
Medication mistakes and negligence in nursing homes
Most seniors take at least one medication. Many seniors take multiple medications. Seniors often end up in nursing homes because the homes are supposed to provide medical care. The physicians, nurses, and other health professionals at Phoenix nursing homes need to ensure the resident receives the correct medications, at the correct times, in the correct dosages. The health providers should review possible adverse reactions and interactions with other drugs with the physicians and with the pharmacists who work for the nursing homes.
Our Phoenix lawyers file claims against nursing homes and health professionals when medical mistakes cause a resident harm, prevent the administration of proper treatments, or cause death.
Negligent nursing home care includes:
- Not administering the correct medication to the correct resident
- Failing to give the resident his/her medications at the correct time of day and days of the week
- Not making sure the resident swallows/digests the medications
- Not properly preparing the medications
- Not administering the medications properly
- Not recording the medications that the resident took
- Not monitoring the resident after the resident takes the medication
Delayed or denied treatment for stroke
The (CDC) reports that in 2021, stroke was a leading cause of death in people with heart disease. About 795,000 people have strokes each year. The most common type of stroke is an ischemic stroke which happens when blood cannot reach the brain, typically due to blood clots. Tissue plasminogen activator (tPA) is regularly used to help dissolve or reduce these blood clots – if the medication is provided within three (3) hours of a Phoenix nursing home resident’s stroke. This short time frame means nursing homes need to know the signs of stroke and help the resident get emergency care quickly.
Garcia & Artigliere works with cardiologists, neurologists, and other doctors to help show delayed or mistreatment of stroke occurred and caused a resident’s disability or death.
What are the signs of nursing home abuse or neglect?
The family members and friends of seniors should examine and question the resident they’re visiting to look for the signs of abuse or neglect. They should also communicate with the senior by phone, email, and other methods to be in regular contact with the resident.
Some of the signs and symptoms of nursing home abuse and neglect include:
- Malnutrition and dehydration
- Bedsores
- Falls
- Broken bones /fractures
- Unexplained bruises, cuts, and scars
- Bowel and bladder injuries
- Untreated infections
- Bed bugs or scabies
- Physical or chemical restraints
- Signs a resident isn’t taking his/her medications or is having an improper reaction
- Deadly injuries
Other signs include:
- Non-participation in social activities
- Anxiety and depression
- Resident-on-resident abuse
- Unsanitary living conditions
- Wandering/eloping residents
- Clogged or dirty feeding and breathing tubes
If your loved one is being abused or neglected at a Phoenix nursing home, let Garcia & Artigliere help. Our elder abuse lawyers can identify the signs of abuse or neglect, and will advocate for your loved one’s rights.
What rights do residents of Arizona nursing homes have?
The Nursing Home Reform Act (NHRA) of 1987, part of the Omnibus Budget & Reconciliation Act of 1987 (OBRA ‘87), provides specific rights for nursing home residents who lived in skilled nursing facilities that accept Medicare or Medicaid. These rights are meant to protect nursing home residents by preserving their dignity and helping them enjoy their golden years. The rights include personal access to competent healthcare, personal rights such as the right to choose who can visit, financial rights, and the right to file grievances and hire legal counsel.
Our Phoenix nursing home abuse and neglect lawyers do more than just explain what these rights are. We help the residents enforce their rights including filing complaints with the state ombudsman, protective services, and the local courts.
Who is responsible for nursing home abuse and neglect in Phoenix?
Nursing homes in Phoenix should have written policies and procedures in place to handle physical abuse, sexual abuse, and other types of abuse by staff members, medical professionals, administrators, visitors, and contractors. They should run background checks on their staff. Other members of the nursing home should be encouraged to step forward when they observe any type of abuse of a senior. The residents should feel comfortable filing complaints.
At Garcia & Artigliere, we file claims against all responsible parties accountable for nursing home abuse or neglect. The defendants may include:
- The nursing homes
- The nursing home owners and operators
- The nursing home administrators
- The individual staff members
- Doctors, nurses, and other medical staff
- Volunteers
- Contractors and other third-party vendors.
Garcia & Artigliere is a seasoned law firm. We’re prepared to assert your rights when nursing homes cause or tolerate nursing home abuse or neglect. We represent the seniors themselves. We also file wrongful death claims on behalf of family members if a loved one died due to irresponsible nursing home conduct.
What should I do if I think my loved one is being abused or neglected in a nursing home?
Seniors and their families have the right to contact their long-term care ombudsman if they are experiencing abuse.
Our best advice is to contact our Phoenix nursing home and elder abuse attorneys immediately. We’ll explain your rights, place the nursing home on notice that the abuse must stop, investigate your claim, help obtain the evidence necessary to support your claim, and be your advocate for the judge and jury.
Do you have a nursing home abuse and neglect attorney near me?
Garcia & Artigliere maintains an office in Phoenix at 2375 E Camelback Rd. We’re ready to fight for you and your loved one.
Admired Arizona nursing home abuse and neglect lawyers
Protect your loved one now. Garcia & Artigliere has helped seniors across Arizona receive justice for nursing home abuse or neglect. We’ve been fighting for the elderly since 1993. Please call us or contact our offices in Louisville, Long Beach, New Orleans, or Los Angeles today to schedule a free, confidential consultation.
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