Nursing Home Abuse in Arizona

What Is Nursing Home Abuse?

Did you or a loved one suffer abuse in Arizona? There are federal and state laws to protect nursing home patients. A nursing home should be a long-term care facility where patients can live comfortably with the care they need. However, there is still the risk of nursing home abuse or neglect. Thankfully, laws protect the rights of the abused, and competent Arizona nursing home abuse attorneys can help.

Federal Laws Protecting Against Nursing Home Abuse

Nursing Home Reform Act (1987)

The Nursing Home Reform Act of 1987 created a stringent set of protocols for nursing home facilities to maintain. This law was passed after a study conducted by the Institute of Medicine determined that there was rampant elderly abuse and neglect in nursing homes. Under this law, Arizona facilities must:

  • Document and assess residents’ health status and individual needs.
  • Create a written strategic plan for each resident.
  • Assist residents in maintaining an active lifestyle.
  • Keep accurate health records for each resident.
  • Maintain the correct number of staff required to adequately care for patients and avoid neglect.
  • Provide proper hygiene and nutrition.
  • Maintain adequate supervision and implement devices to prevent falls and other injuries.

Nursing Home Residents’ Bill of Rights

Part of the Nursing Home Reform Act implemented a Bill of Rights for nursing home residents. This creates an outline of the benefits entitled to you or a loved one in a quality Arizona nursing home and includes items such as:

  • Privacy and discretion with health-related issues
  • Ability to make their own decisions (if mentally sound)
  • Ability to voice issues or complaints without fear of retribution or harassment
  • Sufficient health care and treatment from nursing home staff

Elder Justice Act

The Elder Justice Act went into effect in 2010 to fight against elder abuse and neglect. This act mandates that the nursing home staff must report possible incidents of elder abuse and neglect. The Elder Justice Act created the following applicable provisions:

  • Employee Background Check Database – Gives nursing homes the right to be more selective in their hiring process. The goal is to prevent abuse by screening potential employees for past incidents.
  • 60-Day Closure Window – Nursing homes cannot close without first notifying their home state and the Secretary of Health and Human Services. The staff must also relocate all residents to proper nursing homes.
  • Elder Justice Coordinating Council – This coalition meets twice annually to discuss new methods of deterring elder abuse and neglect. The Council also drafts reports with recommendations to Congress on how to improve safeguards for the elderly.

State Laws Protecting Against Elder Abuse and Neglect

Each state has its laws on this matter. While states rely on the guidance of the federal laws mentioned above, it is entirely within a state’s rights to pass additional protective laws for elder abuse and neglect. States with a higher percentage of nursing home residents typically have more laws than those without.

Under Arizona law, nursing homes and other caregivers can face criminal penalties for elder abuse. The statutes also protect Arizona seniors from neglect, fraud, and exploitation. You can file complaints of suspected abuse with Arizona’s Adult Protective Services through their online system or by calling the hotline. They will investigate the allegations and forward their findings to the Arizona Attorney General for prosecution.

Can You File a Lawsuit in Arizona for Nursing Home Abuse?

Yes, you can—and should—pursue maximum compensation. Victims of nursing home abuse or neglect, or their power of attorney, have the right to file a lawsuit in civil or criminal court depending on the circumstances. In many cases, a settlement can be reached, providing financial compensation without the need for a lawsuit. However, if there is a dispute over responsibility or fair compensation, legal action may be necessary to protect your rights.

While the Attorney General will handle any criminal charges, individual victims or their advocates can also file civil suits against nursing homes. Most of these suits fall under the state’s negligence laws. Therefore, the court will require proof that the nursing home did not fulfill their duty of care. Damage awards for a successful case can include actual costs, such as medical expenses. As well, you could receive compensation for pain and suffering. Unlike many states, Arizona does not impose a limit on these damages. The Arizona Constitution specifically prohibits the limitation of damages in a personal injury action.

How Can You Receive Compensation Through a Nursing Home Abuse Lawsuit?

Victims of nursing home abuse or neglect in Arizona can pursue compensation through a civil lawsuit, and multiple ways exist for victims to receive compensation:

  • Verdict – In this case, a trial jury hears case evidence and determines whether the defendant (nursing home/nursing home staff) is at fault. If they find the nursing home liable, the jury decides how much compensation to tender to you or your family as the plaintiff.
  • Settlement – A lawyer helps you avoid costly settlement mistakes. This settlement phase is when both parties agree on a compensation amount without a jury weighing in. All parties sign a legally binding document that often prevents further legal action. If the plaintiff signs this document, it ends a trial if one has started or prevent one if it not.
  • Restitution – For criminal cases, victims will likely receive compensation through restitution. This is a way for the guilty party to make up for the harm caused through financial compensation.

The compensation awarded via a nursing home abuse or neglect lawsuit can help pay victims’ medical bills, physical therapy, mental health therapy, costs for relocating to a new nursing home, and overall pain and suffering.

Civil and Criminal Nursing Home Abuse Lawsuits

A civil court handles most nursing home abuse cases. However, there are times when victims can file both kinds of cases. For example, if a nursing home staff member pushes a victim who falls over and breaks a bone, that worker can be criminally liable. Later, they may face a suit in civil court for the same thing.

The county’s Superior Court has jurisdiction over most nursing home abuse cases in Arizona. However, the local Municipal or Justice Court may hear smaller cases involving $10,000 or less.

What Types of Nursing Home Abuse Lawsuits Exist?

Most Arizona nursing home abuse lawsuits fall under two major categories: tort and breach of contract. Out of these two, tort lawsuits are the most common because victims seek compensation for direct harm whereas a breach of contract lawsuit often carries more limited compensation amounts.

Tort Nursing Home Abuse Lawsuits

Tort lawsuits are when the victim seeks compensation for pain and suffering caused at the hands of the nursing home. Multiple types of tort lawsuits correspond with the different types of crimes:

  • Abuse – Victims are intentionally harmed; this could lead to severe bodily injury.
  • Medical malpracticeThe nursing home health care professionals acted outside the standard procedures of their position, and their mistreatment led to injury.
  • Neglect – When the nursing home fails its duty to adequately care for a patient. Neglect specifically deals with nursing home staff being lazy, careless, or indifferent to patient care.
  • Wrongful deathIf a patient dies from a nursing home’s negligence, medical malpractice, or purposeful abuse, the surviving family can sue the nursing home.

Work with an Experienced Local Lawyer in Arizona

If you plan to file a lawsuit against your nursing home for abuse or neglect, seek the assistance of a qualified Arizona attorney specializing in the rights of senior citizens. Nursing home abuse attorneys can help you collect the necessary information required, locate corroborating witnesses, draft the lawsuit, and move to trial if required.

Are you looking for an experienced Arizona nursing home abuse attorney to help your family?   We can even help you connect with an attorney across Arizona state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.

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