Phoenix Nursing Home Abuse Lawyers
What Do Phoenix Nursing Home Abuse Lawyers Do?
Nursing home abuse attorneys assist victims, and their loved ones obtain monetary compensation if an elder sustained an injury by faculty members or other residents in a nursing home.
Nursing home residents regularly move into such a facility when they can’t take care of their own daily needs. The facility and its staff are supposed to maintain the health of these seniors as much as possible.
Regrettably, nursing home workers occasionally injure the seniors they’re charged with protecting. It can manifest in several ways.
- Physical brutality
- Emotional abuse
- Financial extortion
- Sexual molestation
Such mistreatment can leave residents severely hurt, emotionally scarred, financially ruined, or dead.
Do you have a loved one you believe has suffered from nursing home abuse? You need to quickly file a report with the authorities in your area and reach out to an attorney with nursing home abuse experience.
Lawyers with this type of background have devoted their professional life to assisting and supporting victims of abuse. They have the expertise, education, and skills to assist seniors with receiving appropriate monetary compensation.
Phoenix Nursing Home Lawsuits Due To COVID-19 (Coronavirus)
Unfortunately, the coronavirus pandemic has been responsible for the death of thousands of aging residents in nursing homes all over the country.
In several instances, these cherished elderly folks passed away without the presence and support of a loved one. Families still can’t visit parents, grandparents, or spouses because of constraints on nursing home visitors. It’s a tragedy that’s unprecedented in our lifetimes.
There are one-hundred forty-six nursing homes in Arizona (also referred to as skilled nursing facilities). There are seven-hundred ninety-two confirmed COVID-19 cases in Arizona as of June 14. Out of that group, one-hundred twenty-nine has died.
NOTE: The death statistics amongst senior facilities is most likely quite a bit higher. The federal data doesn’t take into account assisted-living facilities. It only compels nursing homes to report cases up to May 8, 2020. The reporting of previous cases and deaths is discretionary.
Were these premature deaths due to nursing home neglect? That should be investigated and determined. If a family member passed away from COVID-19 in a Phoenix nursing home, or anywhere in Arizona, reach out to us for a free consultation. You may qualify for compensation for your loss.
Nursing Home Neglect And COVID-19
Nursing home negligence usually includes inferior care or dereliction of duty resulting in injury to or the death of a resident. The first skilled nursing facility in America to recognize an outbreak of COVID-19 in residents was in the State of Washington.
The Centers for Disease Control and Prevention investigated the outbreak. They distributed an early release of the results in a series titled The Morbidity And Mortality Weekly Report (MMWR). It was found that:
Once COVID-19 infiltrated a nursing home, it “has the potential to result in high attack rates among residents, staff members, and visitors.”
Limitations stopped the successful control and spread of the virus, including employees who operated in more than one facility.
There’s a crucial demand for long-term care facilities to institute effective strategies to stop COVID-19 from being introduced into the population of nursing homes.
As the coronavirus spread nationally, it wasn’t easy to execute active measures to stop and manage COVID-19 outbreaks in nursing homes. Skilled nursing facilities encountered many of the corresponding supply chain challenges that hospitals were struggling with, e.g., limited availability of personal protective equipment (PPE).
Why Are Nursing Home Lawsuits Being Filed?
Already, multiple states are seeing the filing of nursing home lawsuits. The principal accusation nursing homes are facing is that the establishment had insufficient preparations deployed to stop and manage the infection of patients, employees, and health care providers.
Even though nursing homes are high-risk environments due to the population of high-risk patients, they’re expected to possess the facilities, policies, and procedures to restrict the unchecked spread of threats like the coronavirus.
No amount of money can compensate for the loss of a loved one. Nevertheless, obtaining a victory in a COVID-19 nursing home lawsuit can help achieve the justice to which your family is entitled.
Many states foresaw an uptick in claims due to the coronavirus pandemic. They established new immunity laws to shelter health care facilities and their staff from liability. Arizona is one of the states with some of those immunity protections.
Nonetheless, if you’ve endured the death of a loved one due COVID-19 in an Arizona nursing home, contact us now to review your legal rights. There may still be options available to hold the negligent parties responsible for the loss you’ve endured.
When Is A Nursing Home Responsible For Elder Abuse And Neglect?
If it’s proven a nursing home or its staff have been negligent, they may be judged responsible for any resulting damages. Damages possible in a nursing home abuse case may include medical bills, pain and suffering, disfigurement, and disability.
In some rare cases, punitive damages may be collected. These are situations where the abuse of the resident and neglect that transpired were especially extreme. Damages like these aren’t designed to reward your elderly family member for particular financial or non-financial harm. Punitive damages are intended to punish the guilty party and strive to deter others from pursuing comparable behavior in the future.
The state of Arizona places no limits on the amount of damages your nursing home abuse lawyer in Phoenix can obtain in your case. Arizona’s state constitution forbids these sorts of limits.
What follows are guidelines for what may be grounds for filing a nursing home abuse case:
- Negligent Hiring: Nursing homes have a responsibility to their occupants to retain staff who are appropriately qualified, have the necessary educational credentials for the job for which they’re hired, and have no history of abuse or brutality. If a nursing home employs its people without using background checks, it’s the nursing home occupants who are subjected to risk. Consequently, the nursing home can be held accountable if abuse occurs.
- Understaffing: A Center for Disease Control study demonstrated that the average employee-to-residents ratio is one employee to every 1.64 residents. If a nursing home neglects to hire a sensible number of employees, residents can experience neglect as there’s no one to attend to their needs.
On top of that, the low employee-to-resident ratio creates more work for employees who may not be adequately compensated for the amount of work they’re expected to do. This can lead to excess stress in caretakers, frequently producing a loss of morale and empathy. Nursing homes can be found responsible if a resident suffers harm or dies due to the negligence in not having a sufficient amount of staff.
- Inadequate Training: There are times when nursing home staff aren’t given the appropriate training to manage disabled or rebellious residents. That leads to not providing the level of care dictated by law and demanded by the family. Nursing homes can be held accountable when their employee’s incompetent training results in the injury of a resident.
- Third-Party Responsibility Claim: Nursing homes can be held liable for any harm perpetrated by third parties. Nursing homes are obligated to supply a secure environment for patients. For example, if a patient is harmed by another resident or a visitor of another patient, the nursing home may be determined responsible if they neglected to implement sufficient protection to avert such an event.
- Breach of Statutory or Regulatory Rights: Nursing home patients are entitled to independence, dignity, and privacy. A nursing home can be deemed accountable if one of its staff members infringes on these fundamental liberties.
- Medication Errors: Nursing home residents can sustain injuries if they aren’t rendered the correct dosage of prescriptions at the proper time. If a prescription medication mistake results in harm to the patient, the doctor, the pharmacy, or pharmacist may be deemed responsible.
Signs of Nursing Home Abuse
There are various indications of abuse or negligence. You need to be on the watch for these signs as your loved one may be scared or helpless to communicate it to you.
Common signs of abuse include the following:
- Poor nutrition
- Unexplained scars
- Anxiety nursing home employees are nearby
- Injuries due to falling
If you detect any of these signs, immediately investigate the situation and relate it to the local authorities. The very next thing you should do is reach out to a Phoenix nursing home abuse lawyer for a free consultation on how to proceed.
Phoenix Nursing Home Neglect Lawyers
Practically all nursing home abuse attorneys also handle neglect cases. While instances of nursing home neglect and abuse are somewhat different, they both have comparable results.
When neglected, a resident may be severely hurt or even killed. Our lawyers help these victims, and their loved ones initiate legal action and obtain restitution for their pain and suffering.
Quick Facts About Phoenix Nursing Home Abuse Attorneys
- They work at large law firms and have the resources (such as experience with nursing home abuse laws and access to past cases) to assist new clients.
- Our team of lawyers works on a contingency basis. This means no upfront fees. We only get paid if we obtain compensation for you.
- Our attorneys manage various nursing home abuse cases, including cases that involve physical harm, monetary exploitation, sexual assault, and negligence.
- In some cases, clients who, with the assistance of a qualified lawyer, file a lawsuit against an abusive nursing home receive millions of dollars via settlements and jury trial verdicts.
What Arizona Nursing Home Abuse Lawyers Do
First, we get together with the victim and their essential family members for a free consultation. Together we’ll determine if you can bring legal action against the nursing home. At this meeting, our lawyer will review:
- Details related to the accusation of abuse
- Track record of the nursing home care experienced by the victim
- The mental and physical capabilities of the victim
Once we have this data, our lawyer will advise a plan of action. Usually, the next thing to do is file a lawsuit. At this point, the victim and their close relatives become plaintiffs in the proceedings.
In a nursing home abuse lawsuit, our attorney will endeavor to demonstrate that:
- The nursing home had a legal duty to attend to the health of the victim (typically via contract).
- The nursing home neglected to meet the resident’s requirements, which resulted in harm to the resident either through negligence or deliberate acts of violence.
- As a result of the harmful negligence, the resident suffered severe, long-term, or permanent impairments.
If our attorney believes the case can be effectively pursued, they’ll move forward and officially file the lawsuit. It may be filed against the nursing home company, its staff, another resident, or some combination of any of these. At this point, they become the defendants.
Next, our legal team will launch an inquiry into the facts and assemble evidence to establish the victim’s case.
In a settlement from 2019, a family member got one million dollars from a nursing home due to her mom dying of head injuries she suffered from a fall. With the assistance of an attorney, additional families touched by abuse and negligence may collect monetary compensation as well. There aren’t any guarantees; however, Phoenix nursing home abuse attorneys can make the legal process more manageable and may improve the probability of financial compensation.
How Phoenix Nursing Home Abuse Attorneys Help
Nursing home abuse lawyers assist victims in receiving monetary reimbursement for the wrongs they’ve undergone. We can also make the lawsuit process more manageable for people who don’t have expertise navigating complex legal procedures.
Here are a few other types of assistance our Arizona nursing home lawyers can offer.
- Gathering data, which includes medical documents, witness accounts, or photographic and video evidence.
- Filing the case, which involves filing a claim in the appropriate court and alerting the defendants with official documentation.
- Navigating state and federal laws. Various laws affect how, when, and where a nursing home abuse lawsuit can be filed. Our attorneys are familiar with local, state, and national laws, enabling us to file cases properly.
- Provide you with a solid chance. Huge corporations operate many nursing homes. They have equally large budgets and can afford top-notch defense attorneys. By retaining an expert lawyer, you stand a better chance of getting the compensation you deserve.
- Planning for discovery. During this phase of your case, the legal teams on both sides assemble and coordinate information. This is used to construct a solid case. Often included in discovery is witness testimony for each group of lawyers.
- Negotiating a settlement. The majority of nursing home abuse cases usually don’t involve going to a jury trial. Alternatively, the parties involved agree on a negotiated settlement. At that point, the plaintiffs obtain a monetary payout, and the case is dismissed.
- Going to trial. If the parties can’t reach an agreement out of court, the case goes to trial. In that proceeding, a judge or jury will decide on the outcome of the case. It will include the amount of compensation (which can be none) granted to the plaintiffs.
- Resolution of the lawsuit. The lawyers on each side of the table will attempt to settle the case in a way most beneficial to them. A trial will conclude with a judge or jury reaching a verdict. When allowed for, the losing side may file an appeal in an attempt to reverse the decision.
How To Work With A Phoenix Nursing Home Abuse Lawyer
Here are some helpful tips when working with one of our attorneys:
- Be honest and open regarding the facts of the case, whether those facts support or damage the case.
- Gather all possible evidence, including the history and timeline of the nursing home abuse or neglect.
- Practice patience as pursuing these types of abuse or neglect cases can be slow, labor-intensive, and time-consuming.
In an ideal system, nursing homes would be safe and protected facilities where elder residents are handled with honor and receive the individual attention they deserve. Regrettably, elders who are victims of nursing home abuse can bear the bodily and emotional wounds throughout the remainder of their days.
With a qualified, skilled Phoenix nursing home abuse attorney by your side, your elder and other family members can recuperate from the shock that abuse or neglect brings.
What Will It Cost To Hire A Phoenix Nursing Home Abuse Lawyer?
Not to worry. 423HURT has you covered.
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Your initial consultation is free. There’s absolutely no obligation. This empowers you to receive answers to all your questions about your options without any pressure.
You won’t pay any upfront expenses. There are no attorney fees unless we prevail by negotiating a settlement on your behalf or winning your case in court. We only accept cases we believe we can win. Again, we don’t collect any fees until we deliver payment for your case.
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Bradley J. Myers
Personal Injury Attorney
As an Arizona Bar member, Brad Myers has been aiding injured clients since 2004. One of the many characteristics that separate Brad from other personal injury attorneys is the individual consideration he gives to his clients and their unique circumstances. When Brad isn’t occupied with fighting for his clients, he enjoys spending time with his wife, his parents, his sister, and his niece and nephew, all living in the Scottsdale area.
Personal Injury Lawyer
As an owner/partner of Kane, Temple, & Myers, PLLC, Jefferson is dedicated to rendering the best possible customer service to all of his clients. No matter the range of injuries his clients have sustained, he does whatever it takes to ensure they receive the maximum possible settlement for their injuries, pain, and suffering.
Personal Injury Attorney
As an owner/partner of Kane, Temple, & Myers, PLLC, Michael prides himself in rendering the most leading standard of legal representation to his injury clients. Using his previous background as a defense attorney, he understands how to handle all aspects of a personal injury case. This includes taking a case to trial to obtain the full compensation his clients deserve.
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