Nursing Home Abuse in Chandler, AZ
What Is Nursing Home Abuse?
Are you or a loved one living in a nursing home in Chandler, AZ?
It is a sad reality that nursing home abuse can happen anywhere, even in your community. It can take many forms, including physical, emotional, or sexual abuse. There are also cases involving financial exploitation or neglect.
As a responsible family member, you want to guarantee your loved one is safe. If you suspect any form of abuse, take action to stop it and hold the nursing home accountable. This process can include reporting the abuse, speaking with a lawyer, and seeking medical attention.
Federal Laws Protecting Against Nursing Home Abuse
Nursing Home Reform Act (1987)
The Nursing Home Reform Act of 1987 established strict regulations for facilities in Chandler, Arizona to follow. It happened in response to a report by the Institute of Medicine. This organization identified high levels of elderly neglect and abuse that demanded action.
This law requires nursing homes in Chandler to document and evaluate health and individual needs. The facilities must also assist residents by following through with these requirements:
- Help residents lead an active lifestyle.
- Keep factual health records.
- Supply suitable nutrition and hygiene.
- Ensure sufficient staff levels.
- Maintain supervision and execute measures to stem falls and other injuries.
Nursing Home Residents’ Bill of Rights
The Nursing Home Reform Act includes entitlements for residents of facilities in Chandler, AZ. This legislation defines quality for nursing homes like the following provisions:
- Ability to maintain privacy and confidentiality for health-related issues
- Freedom to make their own decisions (if of sound mind
- Voice concerns or grievances without fear of retaliation
- Adequate healthcare and treatment from the nursing home staff
Elder Justice Act
The Elder Justice Act, established in 2010, mandates that nursing home staff report any suspected incidents. The legislation contains several other relevant provisions to prevent elder abuse, including:
- Nursing homes must notify their state and the HHS Secretary at least 60 days before closures.
- The Elder Justice Coordinating Council meets twice annually to examine ways to stop abuse and neglect. They also make suggestions to Congress on improving protection for seniors.
- The Employee Background Check Database authorizes nursing homes to complete screenings of applicants.
State Laws Protecting Against Elder Abuse and Neglect
States have their own laws on elder abuse and neglect. Regardless, they use federal laws as guidance to create additional legislation. States with a high percentage of nursing home residents usually have more protections than those with fewer.
The Department of Economic Security enforces the Adult Protective Services Act. Additionally, the Arizona Long-Term Care Ombudsman program investigates complaints. But the Attorney General’s Office prosecutes when the state discovers criminal violations.
If you want to report abuse or neglect in Chandler, you can contact Adult Protective Services to get started.
Can You File a Lawsuit in Chandler, Arizona For Nursing Home Abuse?
You can pursue substantial compensation for nursing home abuse or neglect cases. Those affected or their legal representatives can take legal action through civil and criminal courts. Nonetheless, these actions depend on the severity of the abuse.
Although settlements can happen before going to court, a lawsuit may be necessary. This principle applies if there are disagreements about fair compensation or accountability.
The Nursing Care Institution Rules govern the operation and management of nursing homes in Chandler. They include directions for staffing, medication management, patient care, and facility conditions. A lack of accountability in these areas could justify starting civil action against a facility.
How Can You Receive Compensation Through a Nursing Home Abuse Lawsuit?
Several remedies exist for victims of nursing home abuse or neglect in Chandler to seek damages:
- Settlement: In this stage, both parties agree on payment without the intervention of a jury. They sign a legally binding document that usually prevents further legal action. If the plaintiff agrees, it can end an ongoing trial or prevent one from occurring.
- Verdict: In a trial, a jury hears the case evidence and decides whether the nursing home or staff members are at fault. The jury will select the compensation if they determine the facility is liable.
- Restitution: In criminal cases, the victim may receive compensation through payments from the guilty party.
Victims also receive reimbursement for their medical bills, relocation costs, and pain and suffering.
Civil and Criminal Nursing Home Abuse Lawsuits
Most nursing home abuse cases go through a civil court. But in some instances, victims can file both criminal and civil cases. For example, if a staff member assaults a resident causing injuries, they can be criminally responsible. The victim may also file a civil lawsuit seeking compensation for the harm caused by their actions.
The court that handles your case may vary depending on your attorney’s strategy. But the Maricopa County Superior Court is the most plausible judiciary to take nursing home abuse lawsuits from Chandler.
What Types of Nursing Home Abuse Lawsuits Exist?
Tort and breach of contract are the two major categories of nursing home abuse lawsuits in Chandler, AZ. Traditional litigation is more common since victims can seek damages for direct harm. Meanwhile, breach of contract lawsuits may offer only limited compensation.
Tort Nursing Home Abuse Lawsuits
Various types of tort lawsuits correspond with different types of crimes. Accordingly, victims may seek compensation for pain and suffering caused by the nursing home.
- Intentional harm or abuse is when the victim gets harmed, and it could lead to severe bodily injury.
- Medical malpractice refers to cases where the professionals acted outside the standard procedures.
- Neglect occurs when the nursing home fails to provide adequate care for a patient. The staff may have been lazy, careless, or indifferent.
- Wrongful death is when a patient dies due to negligence, medical malpractice, or purposeful abuse.
Work with an Experienced Local Lawyer in Chandler, Arizona.
Consider hiring an experienced attorney who specializes in nursing home abuse cases. A Chandler lawyer can assist you in collecting information, locating witnesses, and going to trial.
We can help you find experienced legal counsel in Chandler. Moreover, we can help you connect across Arizona state lines.
Contact us today at (866) 345-6784 or submit a request online to find a qualified attorney in your area.
