Experienced Phoenix Nursing Home Abuse and Neglect Attorneys
The nursing homes in the state of Arizona have both a legal and ethical obligation to care for the residents living in their facility. This care should be at such a high level that the residents at the nursing home should maintain the highest degree of physical and mental well-being possible. Working to prevent injuries and accidents should be one of the main concerns a nursing home has, but this is not always the case.
In this country, there are nearly 16,000 nursing home operating at any given time. These facilities house nearly 3 million Americans. Each year, there are around 35,000 cases involving nursing home abuse and neglect. This abuse and neglect usually causes a senior citizen to be injured and, in some cases, can lead to death. If a nursing home is understaffed or the workers have not received adequate training on how to properly take care of the individuals in their care, accidents are bound to happen. Many of the nursing homes where this abuse and neglect takes place advertise they offer top-notch care, but in fact provide minimal supervision and care for their residents.
While there are a number of government regulations dictating the type of care residents in these facilities should receive, this abuse and neglect are still quite common. The team at Miller Weber Kory LLP believes the only way to shine a light on cases of nursing home abuse and neglect is through aggressive litigation.
When Can a Nursing Home Be Held Liable for Abuse and Neglect
In order to win a judgment in a case like this, the lawyers at Miller Weber Kory LLP will have to prove that the nursing home in question acted in a negligent manner. They will also need to show proof these negligent actions lead to the injuries in question. The damages available in cases of nursing home neglect and abuse are:
- Compensation to cover medical bills
- Pain and suffering
- Disability and disfigurement
In order to file a lawsuit against a nursing home, your situation will have to fit the following criteria:
- The Nursing Home Was Guilty of Negligent Hiring- A nursing home has an obligation to their residents to hire only the most qualified employees to take care of their daily needs. Employees will need to pass a variety of background checks and must have no history of abuse or violence in order to be hired in these types of facilities. If a nursing home fails to do this type of research before hiring an employee, then they could be held liable should this employee abuse or neglect one of the residents.
- An Understaffed Nursing Home Can Be Problematic- According to the Center for Disease Control, there should be 1 staff member for every 1.64 residents in a nursing home. When a nursing home does not have an adequate number of staff members, residents will be neglected due to the fact that there is no one there to supervise them. An understaffed nursing home will also create more work for the staff that is present. This will usually lead to higher stress levels, which in turn can cause the workers to have a lack of compassion for the residents in the nursing home. A nursing home can be found liable if injuries or deaths are caused by understaffing issues.
- Inadequate or Improper Training- If the employees of a nursing home have not been properly trained to deal with disabled or unruly seniors, they may inadvertently injure a resident. If your loved one has been injured due to inadequate or improper training, call the team at Miller Weber Kory LLP for help. Our team will be able to listen to the details of your nursing home abuse or neglect case and let you know if you need to pursue it.
- The last thing you want to do in cases involving nursing home abuse and neglect is to procrastinate. Waiting too long can lead to the statute of limitations in your case running out.
Surprising Statistics About Nursing Home Abuse and Neglect
While most people think nursing home cases are rare, the fact is they are a lot more common than you think. The following are some surprising statistics regarding nursing home abuse and neglect:
- Over 30% of all nursing homes in America have experienced some form of abuse or neglect.
- Nearly 91% of all nursing home in this country were cited by health inspectors for some type of deficiency.
- 90% of all of elderly abusers are someone the person knows like a staff member or another resident.
- Each year, over 5,000 deaths are attributed to nursing home abuse or neglect.
- Only 20% of all nursing home abuse and neglect cases are reported.
- Over 90% of all nursing homes in this country employ at least one convicted criminal.
How to Spot Cases of Nursing Home Abuse and Neglect
In order to tell if your loved one is being abused or neglected in a nursing home, be sure to look out for these signs:
- Poor Personal Hygiene- If you start to notice that your loved one is not showering or brushing their teeth, you may have a case of nursing home neglect on your hands. Many nursing home residents need help with daily hygiene-related tasks. When they are not receiving this help, you will be able to tell.
- The Nursing Home is Filthy- The State of Arizona has very strict guidelines for nursing homes to follow regarding the cleanliness of their facility. If you notice the nursing home your senior loved one is in constantly stays dirty, you will need to take action. Allowing residents to live in unsanitary surroundings can lead to a variety of illnesses.
- Persistent Bed Sores- Bed sores are generally caused by seniors not getting the care they need. When a person is immobile due to injury, they will need the help of nursing home staff members to get out of bed. If this help is not being given, then bed sores will usually start to form. Neglecting to act in a situation like this can lead to a senior getting an infection and possibly dying as a result.