Arizona Nursing Home Abuse Lawyer
Arizona Nursing Home Abuse Lawyer
Do you worry that your loved one is a victim of nursing home abuse? Are you fearful that they’re not safe or protected? If so, we can help. Our lawyers can investigate incidents of abuse and help you hold negligent nursing homes accountable for the harm suffered. We know how to dig into these cases and find the evidence needed to win justice for our clients and their loved ones.
At Ciccarelli Law Offices, we offer compassionate yet aggressive legal representation you can count on. We know how to hold abusers, institutions, and management accountable when nursing home abuse occurs, and we don’t stop until your loved one is safe and has the compensation they deserve.
Arizona Nursing Home Abuse Overview
According to nursinghomeabuse.org, any older person who resides in an assisted living facility can be the victim of nursing home abuse, although some residents have a higher risk than others. About 66 percent of the elderly abused in a nursing home are women, and those who rely on Medicaid to receive nursing home care are often in lower-quality facilities.
- Seniors with Alzheimer’s or dementia are 50 percent more likely to experience nursing home abuse and neglect because this vulnerable population is often unable to report the abuse.
- Nursing home staff tend to be overworked and underpaid, leaving them frustrated and exhausted—and more likely to abuse or neglect elderly patients.
- Seniors who do not have relatives or close friends who visit them regularly are more likely to be abused than those that do.
- Nursing home abuse can be physical, emotional, sexual, or financial.
Physical abuse includes shoving, hitting, slapping, or kicking, leading to concussions, broken bones, or even death. At least one-quarter of nursing home residents reported experiencing at least one instance of physical abuse while in a nursing home.
Unfortunately, nursing home abuse appears to be increasing, with a 35 percent increase in the number of physical assaults against older women between 2002 and 2016.
Emotional abuse is the most prevalent type of abuse, with one out of every three nursing home staff members admitting to emotionally abusing residents. Emotional abuse consists of intentional verbal or nonverbal acts that inflict anguish, pain, or distress upon an elderly nursing home resident. This can include threats, harassment, intimidation, or humiliation of the elderly resident.
Sexual abuse is the least commonly reported form of nursing home abuse and consists of any type of unwanted sexual contact. Residents aged 79 and older were at a higher risk of sexual abuse, and those with disabilities or illnesses like Alzheimer’s or dementia were also at a higher risk.
Financial abuse is more commonly committed by family members than by nursing home staff but can occur in a nursing home setting.
Why Choose the Arizona Nursing Home Abuse Lawyers from Ciccarelli Law Offices?
If your loved one was abused or neglected by nursing home staff, you need a strong advocate willing to take on the nursing home on your behalf. The attorneys at the Ciccarelli Law Offices have significant experience in Arizona nursing home abuse. Allegations of elder abuse are not taken lightly by institutions or law enforcement, and once the allegations are made, a criminal or civil investigation will begin.
Ensuring the rights of your loved one are protected throughout the legal process is imperative; without a strong attorney on your side, it could come down to your loved one’s word against their abuser’s word. The nursing home attorneys at Ciccarelli Law Offices offer compassionate and aggressive legal representation during this tough time.
We know your primary concern is protecting your loved one from further abuse and holding the negligent institution responsible. Because we are fighting for your loved one, you can focus your injury on helping them heal following the abuse. Our goal is to hold the nursing home accountable while protecting others from abuse. Our firm has hundreds of Five-Start Reviews from satisfied clients.
Attorney Lee Ciccarelli has been recognized as:
- Super Lawyer
- Top 100 Trial Lawyer by the National Trial Lawyers Association
- TEN Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys
- Having the highest rating (10.0) by AVVO
- One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates.
At Ciccarelli Law Offices, we understand that you have choices, and we hope you will choose Ciccarelli Law Offices for your nursing home abuse claim.
What Compensation is Available Following Arizona Nursing Home Abuse?
A lawsuit settlement occurs when a nursing home agrees to pay a victim of nursing home abuse. This settlement can occur as an award in a trial or for foregoing a trial.
Settlement amounts can vary based on the specific facts and circumstances associated with the abuse. There may be compensation for medical expenses related to the abuse, emotional suffering, trauma, funeral and burial expenses if the abuse resulted in death, and punitive damages to punish the nursing home for wrongdoing.
There are many advantages of a settlement over a trial and resulting verdict award. A settlement allows you and your loved one to access the compensatory damages to cover medical costs while avoiding the uncertainty of a lengthy trial. There is more privacy when a settlement is accepted rather than a trial, plus punitive damages may be more likely.
What Are Some Examples of Nursing Home Abuse Claims?
There are many examples of nursing home abuse claims, as each case is unique in some way. However, many nursing home abuse claims stem from a lack of care. They can also result from the willful harming of an elderly patient.
When this occurs, the nursing home may offer the family a settlement rather than going through a public trial. There is often a police investigation after an elderly resident is neglected or abused in many cases. The police may find a preponderance of the evidence that the decline in a resident’s health was due to neglect or abuse at the facility, and formal charges may be filed against the nursing home.
Sexual abuse claims by nursing home residents are much less common because they can be difficult to prove when the victim has dementia or has other cognitive or physical disabilities. The Department of Public Health could be notified, who in turn would notify the police, and an investigation would take place. The Department of Public Health could investigate to see whether the nursing home filed the necessary reports once the sexual abuse was brought to their attention.
In some cases, the nursing home could be cited for violations and could even lose its licensing. Nursing home abuse is never acceptable, and the physical and emotional scars can cause trauma and even premature death. Nursing home abuse must be reported to a nursing home ombudsman (an advocate for senior residents), law enforcement, or a skilled home abuse lawyer.
What Are the Most Common Types of Nursing Home Abuse?
Emotional abuse is the most common type of nursing home abuse. Employees may try to intimidate elderly patients by yelling at them or threatening them. Staff may ridicule or insult their elderly patients. They can also ignore, isolate, terrorize, or prevent them from participating in social activities. The abuser may even threaten to withhold food or water as emotional abuse.
Emotional abuse is verbal or nonverbal and consists of any action that causes the patient emotional harm. Emotional abuse can be more challenging to pinpoint because there are no obvious bruises or other physical signs of abuse. The senior may seem depressed and withdrawn, refusing to interact or speak with others. They may be agitated, show excessive fear or nervousness, or exhibit unusual behavior such as rocking back and forth.
Physical abuse in a nursing home is easier to spot in some ways than emotional abuse. However, since the elderly often fall or bump into things, the nursing home may try to explain away any bumps or bruises.
Physical abuse can be active abuse, misuse of restraints, or physical neglect. Active abuse includes pinching, punching, slapping, pushing, or kicking as a way of causing pain. Misuse of restraints is all too common in American nursing homes. Restraints are only allowed for medical reasons, and only for a short, definite period, never for discipline or convenience.
Examples of physical neglect include failing to provide food, clothing, hydration, and a sanitary environment that allows the elder to maintain their dignity.
Does It Cost Anything to Hire an Arizona Nursing Home Abuse Lawyer, and What Are the Statutes of Limitations?
In the state of Arizona, there is a two-year statute of limitations on injury claims and wrongful death claims. This means you must speak to an attorney as quickly as possible following the abuse or abuse and resulting death of your loved one. Sooner is always better since witnesses may move, die, or forget details over time.
When you hire Ciccarelli Law Offices to file a claim on behalf of your loved one for nursing home abuse, you pay nothing upfront and nothing unless we secure a settlement on your behalf. Nursing home claims can settle quickly when there is clear evidence of abuse. If the nursing home denies the allegations, it could take longer, involving a thorough investigation.
Call Our Arizona Nursing Home Abuse Lawyers Today
If you believe that someone you love is a victim of nursing home abuse in Phoenix, Chandler, Tempe, or anywhere in Arizona, you need someone on your side that you can trust. You need a law firm that can help you protect your loved one from further abuse while seeking justice.
At Ciccarelli Law Offices, our Arizona nursing home abuse attorneys have the experience and resources you need, and we can handle these complex cases from the start. Let Attorneys Lee Ciccarelli and Julia Rogers help you through this challenging time in your life. Call us today to begin fighting for justice.