Tucson Nursing Home Negligence Attorney

Advocating for Victims of Nursing Home Abuse and Neglect

Deciding to either enter or place your loved one in a nursing home can be one of the most challenging issues you ever face. Tucson residents have faith that the nursing home they choose will provide the safety and care they require.

Unfortunately, many nursing home residents suffer neglect and various forms of abuse at the hands of staff members. In some instances, vulnerable patients suffer severe injuries or financial exploitation. In other instances, families find themselves grieving family members who have suffered wrongful death that can be attributed to the facility.

If you or a family member has suffered nursing home abuse, your first step must be to seek legal representation. An experienced attorney can assess your case to determine the legal options available.

What are the Common Warning Signs of Nursing Home Neglect or Abuse?

Anyone who has a family member who lives in a nursing home should be watchful for signs of neglect and abuse. Some of the most common warning signs of neglect and abuse include:

Physical Indicators of Neglect: Common warning signs include pressure ulcers (bedsores), dehydration, malnutrition, or significant unexplained weight loss. Other warning signs often include dirty or unmaintained rooms, soiled bedding, or poor hygiene.
Medical Neglect: Untreated medical conditions, medication errors, or frequent illnesses.
Physical Abuse: Unexplained injuries, including fractures, welts, bruises, or head injuries resulting from falls or physical assault.
Financial Abuse: Theft of credit or debit cards for personal use, forging a resident’s name on checks, legal documents, or financial documents, or coercing or intimidating a resident into changing legal documents, such as a will, power of attorney, or trust, for personal gain.
Sexual Abuse: Unexplained injuries or bruises to genital areas, venereal diseases, or forcing a resident to watch or view pornographic materials.
Psychological or Emotional Abuse: Nursing home residents suddenly appear to withdraw from activities, or appear anxious and fearful. Other behaviors may include rocking back and forth or acting excessively timid, where they were once outgoing.

What Legal Elements Must Exist to Prove Nursing Home Abuse?

Even though it may be evident to family members that their loved one is being victimized, Arizona law mandates that several legal elements must exist to prove nursing home abuse. To succeed, a plaintiff must prove four key legal elements, including:

Duty of Care: The nursing home facility has a legal duty to provide residents with a reasonable standard of care.
Breach of Duty: The staff or facility either acted negligently, failed to take appropriate action, or disregarded safety regulations.
Causation: It must be demonstrated that the resident’s injury, illness, or death was directly caused by the breach of duty.
Damages: The abuse must have directly caused harm, such as an injury, emotional trauma, or financial loss.

Evidence to prove these legal elements typically includes witness testimony, photos and videos, incident reports, and medical records. Proving the necessary legal elements needed to win a nursing home abuse case.

If you are pursuing a nursing home neglect case, the same basic legal elements must be proven. But, unlike an abuse case that focuses on the intentional act of physical or emotional abuse, neglect cases are often proven by documenting patterns involving inadequate care, including bedsores or hygiene issues.

What Steps Should I Take if I Suspect Abuse or Neglect?

Suspecting that your loved one has been abused in a nursing home can be upsetting, and you most likely feel a wide range of emotions. If you suspect abuse or neglect, there are several steps you must take to protect your family member from further mistreatment.

Document the Neglect or Abuse

After suspecting your loved one is not being treated appropriately, you must document the abuse. For example, take photos and videos of any bruises or injuries that you suspect are related to your family member being mistreated. You should also keep an accurate log of any incidents that occur, along with the names of those to whom you reported the abuse and staff members who may be involved.

Report the Neglect or Abuse to Proper Agencies

Once you suspect neglect or abuse, you can report it to a nursing home administrator. However, there are several other agencies you should also report your concerns to, including the Arizona Adult Protective Services and the Arizona Department of Health Services.

Consider Moving Your Loved One to Another Facility

If you feel that your loved one is in imminent danger, move them to another facility as soon as possible. Depending on availability and your family member’s health, you may need to have them stay with you until a spot opens at another facility.

Consult With a Legal Professional

Aside from documenting and reporting events that involve suspected neglect or abuse, you should also consult with a legal professional over your concerns. Issues that can facilitate the need for legal action include:

Your loved one has suffered neglect or abuse that has resulted in serious harm.
The nursing home facility is not responding appropriately to investigations.
Your loved one’s injuries or health condition continue to decline despite your intervention.
Your loved one is experiencing retaliation for reporting the neglect or abuse.

What Damages Can Be Collected in a Nursing Home Neglect Case?

At Doug Newborn Law Firm, PLLC, we recognize that ensuring your loved one’s health and safety is your top priority. If your family member has been the victim of neglect or abuse, you may be able to pursue legal action that compensates them for the harm they have suffered due to the facility’s neglect.

Generally, nursing home residents who have suffered mistreatment can collect economic and non-economic damages to compensate them.

Economic Damages

You may be able to recover economic damages that cover out-of-pocket costs:

Medical Expenses: Costs for emergency room visits, ongoing care related to the neglect (such as in the case of bedsores), and medications.
Expenses for Ongoing Medical Care: Depending on the extent of the neglect, you may be reimbursed for rehabilitation and physical therapy.
Property Damage: If your loved one experienced financial exploitation, they may be able to recover compensation for lost or stolen items.

Non-Economic Damages

Non-economic damages are awarded to compensate victims for intangible losses that cannot be measured monetarily and may include:

Compensation for pain and suffering for having to endure neglect or abuse
Emotional distress due to the stress, anxiety, and PTSD
Loss of enjoyment of life

How Does Pure Comparative Negligence Play a Part in a Nursing Home Neglect Case?

Arizona law subscribes to a “pure comparative negligence doctrine”, meaning that if a nursing home resident is partially responsible for their injuries, any compensation they receive can be reduced by their percentage of fault.

For example, suppose a nursing home abuse or neglect victim is awarded $100,000 but found to be 40% at fault. In that case, $40,000 would be deducted from the settlement, leaving a final total of $60,000.

Unlike other states that bar recovery if a plaintiff shares 50% or more responsibility for the accident, Arizona allows them to recover damages even if they are 99% at fault.

In cases of nursing home abuse or neglect, the facility’s legal team may try to argue that the resident was totally or partially to blame for their own injuries to try to reduce the financial recovery.

What is the Statute of Limitations for Filing a Nursing Home Abuse Claim?

If you or a loved one has been the victim of nursing home abuse or neglect, time is of the essence when it comes to filing a claim. The Arizona statute of limitations generally allows individuals or their families up to two years from the date of injury or discovery to file a claim. The same rule applies if the abuse or neglect resulted in wrongful death.

In cases that involve state-run nursing homes, the timeframe to file a claim is significantly shorter, often ranging from 90 to 180 days after the neglect or abuse.

In wrongful death cases, the two-year clock begins on the date the deceased passed away, not when they suffered their fatal injury.

The deadline to file a claim may be “tolled” if the facility concealed the abuse or the victim was legally incapacitated.

Why is it Essential to hire a Nursing Home Neglect or Abuse Lawyer to Help Me With My Case?

Nursing home facilities try their best to maintain a clean public image and avoid publicity that may affect their profit margin. Consequently, the majority of long-term care facilities employ legal teams whose primary goal is to prevent lawsuits from ever being filed.

Hiring a Tucson nursing home negligence and abuse lawyer is the most effective way to ensure that you or your loved one is treated with respect and that they recover the fair compensation they deserve.

Contact our Tucson nursing home abuse lawyer today at 520-355-1161 to schedule a free consultation and learn how we can assist you.