Giving a Powerful Voice to Those Injured by the Wrongdoing of Others
Giving a Powerful Voice to Those Injured by the Wrongdoing of Others
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Nursing Home Attorneys Phoenix AZ
Trying to decide if it is the right time for your elderly loved one to be placed in a home is a truly difficult choice to make, speaking with nursing home attorneys Phoenix, AZ area residents trust can help. There are so many questions and concerns about nursing home care, and you may be unsure about how your loved one may be treated during their stay. Unfortunately, not every person has the physical ability or medical training to properly take care of their senior family member by themselves. Every nursing home abuse attorney in Phoenix AZ from Rispoli Law, PLLC understands this predicament.
If you recently found out your loved one is suffering from abusive behavior, contact a nursing home abuse attorney at Rispoli Law, PLLC immediately. The abuse must stop. We are here to help you bring justice for your elderly family member. In addition to helping you prove that the abuse occurred, we can help you seek compensation from those responsible. This can make it possible for your loved one to get the medical care and counseling they need in order to recover.
If you are unsure if abuse has happened to your family member, there are some ways to identify whether your loved one is the victim of mistreatment.
Neglect in Arizona Nursing Homes
It is believed that at least 10 percent of elders in the United States, and over 65 years of age, have been abused while residing in a nursing home. In the last ten years, there have been 3 million reports of abuse. The number of those that went unreported is thought to be the same, if not more.
If you believe your elderly loved one has been abused in a nursing home, our Phoenix, Arizona nursing home attorneys would like to hear from you. Please call Rispoli Law, PLLC.
Understanding Lawsuits and Claims
In general, any suspicions of abuse should be reported to local agencies or an ombudsman. If you feel unsure about how to do this, or what you should or should not say, you can call our firm. These people have a duty to investigate the situation and any allegations. Based upon their findings, they will make a decision on how to proceed. If they cannot resolve the situation, or cannot prove anything, but the facility continues to engage in the abuse or neglect, a lawyer should be contacted to discuss legal recourse.
Knowing how to handle a complaint or allegation of abuse can feel overwhelming. Because of this, it may be best to talk with a lawyer about what steps should be taken. A lawyer might also talk with you about:
- Whether any criminal charges can be filed
- Prosecuting any offender who participated in the abuse
- Obtaining personal protection or restraining orders for the victim
- Investigating whether there were any other victims
- Annulling a fake marriage
- Obtaining guardianship of an elder
Signs of Nursing Home Abuse
The signs and symptoms of nursing home abuse can be physical, mental, emotional and/or financial. Our nursing home abuse attorney in Phoenix AZ from Rispoli Law, PLLC has seen a wide range of indicators. Some signs that your loved one may be enduring harsh treatment or abuse includes the following:
- Broken bones, fractures
- Bed sores
- Frequent infections
- Bruises, lacerations, or welts
- Emotional outbursts
- Mood swings
- Withdrawal, reclusiveness
- Refusing to speak to anyone
- Refusing to eat or take medication prescriptions
- Unexplained weight loss
- Lack of cleanliness
- Poor physical appearance
- Changes in mental health
- Looking frightened or on alert
Physical, Sexual, and Psychological Abuse
Physical abuse can include hitting, pinching, improper use of restraints, and lack of physical care or grooming. Sexual abuse happens when a caregiver solicits sexual attention that is unwanted or is professionally immoral. Those residents who are cognitively compromised and cannot express their wishes may get taken advantage of in sexual ways. Strictly psychological abuse can be less obvious to identify, but can include the resident being yelled at, criticized, or shamed. Your loved one may start to exhibit changes in their personality or behavior after such harm. At the first sign of trouble, contact a nursing home abuse attorney in Phoenix AZ from our firm. We offer a free, one-time consultation.
A caregiver may take advantage of having access to a resident’s personal financial information by stealing from them. The caretaker might commit theft by taking money directly out of a bank account or applying for credit in the resident’s name. Your loved one’s property may be stolen: rings or other jewelry, special treasures, or other valuable belongings. A nursing home abuse attorney in Phoenix AZ from our firm can help you determine exactly what was stolen and include those items as damages in the claim or lawsuit.
Nursing Home Neglect
Nursing home neglect differs from abuse in that it can be unintentional. Some nursing facilities may not have enough staff to properly attend to all residents on a daily basis. Neglect happens when the resident’s hygiene, food, clothing or water is not being carefully managed. You may see your loved one with bed sores, infections of their skin and appearing malnourished or dehydrated. Facilities who treat their residents in this way should be held accountable.
If you believe your cherished family member has seen abuse or neglect while at their nursing home, please call us to schedule your free consultation with a caring and skilled nursing home abuse attorney in Phoenix AZ from Rispoli Law, PLLC.
Statute of Limitations
Like all cases, there are strict statute of limitations to file a claim or lawsuit. In general, the statute will begin from the date of discovery. In most states, there is a two year limit to file a claim. This time limit can differ, depending on various circumstances. Waiting to see what happens is not a good idea. Calling a nursing home attorney Phoenix, AZ trusts is recommended.
In the event that the statute of limitations has expired, your case may be dismissed. That said, it is certainly possible for an exception to apply. This can be determined by a lawyer and a judge.
Statistics and Information Regarding Nursing Home Abuse in the U.S.
According to congressional reporting, one out of every three elderly residents in the United States are victims of nursing home abuse. The reporting in question was prepared by the Special Investigations Division of the House Government Reform Committee and the data from the study was collected from information derived from state inspections. The federal government – through the U.S. Department of Health and Human Services – contracts with each state to make sure inspections are conducted and complaints are investigated. The study revealed staggering physical, sexual and verbal abuse trends across the U.S.
For example, over a two-year period, an alarming 5,283 facilities – which represent 30 percent of all nursing homes in the U.S. – were cited for almost 9,000 incidents of abuse. Incidents of dehydration, inadequate medical care, inadequate hygiene and sanitation, malnutrition, preventable accidents, and untreated bedsores were among the common abuses elderly residents were exposed to. In almost 2,000 of the reported cases, the abuse was serious enough “to cause actual harm to residents or to place the resident immediate jeopardy of death or serious injury.” Any loved one who witnesses evidence of either abuse or neglect of a resident should contact experienced nursing home attorneys in Phoenix, AZ immediately. With that said, it is not always easy to spot abuse and neglect. As a result, suspicions should be taken seriously as well, even if no “hard evidence” has yet surfaced.
The abuses residents suffered included physical and/or sexual abuse by nursing home staff, as well as staff failing to protect residents from abuse by other residents. Staff members or other residents choking, kicking, punching, or slapping victims and causing broken bones or lacerations were commonly cited in case after case.
What are the root causes of these abuses? The answer to that question is complex. Part of the issue, representatives from nursing homes say, is that it is difficult to “attract and keep quality, skilled staff.” The average pay rate of staff is between $7 and $9 per hour. When workers are underpaid and understaffed, mistakes are more likely to occur and abuses are more likely to be overlooked. This is just one of the reasons why it is important to contact experienced nursing home attorneys in Phoenix, AZ even if you only suspect that abuse or neglect is affecting your loved one. Not every suspicious sign means a nursing home resident is being abused or neglected. However, abuse is so common that suspicions should be taken seriously and investigated by a member of the legal team at Rispoli Law, PLLC.
Finding the Right Lawyer
There are many different lawyers; however, you should choose one who handles nursing home abuse cases. By doing so, you can feel peace of mind in knowing he or she is familiar with:
- Nursing home abuse laws
- Nursing home regulations
- Social Security
- Medicare and Medicaid
- The Veterans Administration (VA)
- Adult Protective Services
- Nursing Home Reform Act of 1987
- Older Americans Act
- Long-Term Care Ombudsman Program
If you are ready to speak with a respected nursing home abuse lawyer, call [law firm name]. We would be happy to listen to your case and explore what legal options may be available. If at any time your loved one is at risk for being harmed, or their life is in imminent danger, we would recommend calling 911 and/or removing them from the facility.
Let a Nursing Home Abuse Attorney Help
The results of these reports are upsetting, especially for families with loved ones in nursing homes. If you suspect or have proof that your elderly family member has become a victim of nursing home abuse or neglect, please schedule a consultation with nursing home attorneys in Phoenix, AZ so that we can help get your family the justice and financial compensation you deserve.
ALWAYS SAY ‘NO’ TO ARBITRATION
Should you find it necessary to enroll yourself or a loved one in a nursing home or other long term care facility, it is absolutely critical that you NEVER sign an arbitration agreement. These documents are not a pre-condition for admission, despite what any facility representative tells you, and are often lumped in with the stack of paperwork you are required to sign during the admission process. These types of arbitration agreements are designed to protect the facility from being held fully responsible for any negligence should it occur during the stay at the facility. More and more people are starting to wake up to the rampant abuse of forced arbitration in nursing homes and pressuring the government to end the practice. You can help, and learn more, by visiting Change.org here and signing the pledge to protect seniors’ rights!
You Don’t Want a Handout, You Want Justice. We Know and We Will Help. Call us at (602) 412-5575.
Our firm is more than willing to talk to you about a potential legal claim for nursing home abuse, or do our best to answer any other questions you have about long term care in general. lf you need an experienced elderly abuse attorney, please do not hesitate to call 602-412-5775 (toll free 866-972-3212) or email.