Placing a loved one in a nursing home is one of the most difficult decisions a family makes. They trust the nursing home to care for their family member with compassion, skill, and respect. Unfortunately, many nursing home residents are the victims of abuse and neglect.
Our Phoenix nursing home abuse lawyers at Curiel & Runion Personal Injury Lawyers, have the experience, skills, and resources to handle all types of nursing home abuse cases. Our lawyers have more than 55 years of combined legal experience. We have assisted over 3,000 clients and recovered over $30 million in compensation to date.
How Curiel & Runion Personal Injury Lawyers Can Help You With a Nursing Home Abuse Claim in Phoenix
Abuse and neglect of an elderly or vulnerable adult in a nursing home is unimaginable, yet it happens more often than we want to believe. Our team of experienced legal professionals works diligently to hold nursing homes and individuals liable for wrongdoing.
Our lawyers at Curiel & Runion Personal Injury Lawyers have a proven track record as top-rated Arizona personal injury lawyers. We have a 98% success rate for the cases we handle. Numerous organizations, including Super Lawyers, recognize our lawyers for their outstanding legal services.
When you hire our award-winning Personal Injury Attorneys in Phoenix, we handle all matters related to your nursing home abuse claim, including:
- Investigate the circumstances that led to your loved one’s injuries and harm while in a nursing home
- Monitor investigations by local and state agencies
- Obtain copies of documents related to past investigations and inspections of the nursing home
- Retain leading experts to work with us on your case, as necessary
- Work with your family member’s physicians to document the extent of their injuries and damages
- Help protect your loved one’s safety, rights, and well-being
- File all claims and handle all communication with the parties involved in the case
- Negotiate with the insurance company and nursing home for a fair settlement
- File a lawsuit and take the case to court if a fair settlement is not possible
When a nursing home violates a resident’s rights and subjects them to abuse and neglect, the at-fault parties should be held accountable for their wrongdoing. At Curiel & Runion Personal Injury Lawyers, we are prepared to put the full resources of our law firm to work for you.
Contact our law firm to schedule a free case evaluation with an experienced nursing home abuse lawyer in Phoenix, Arizona. Let’s work together to get justice for your family member.
Common Types of Nursing Home Abuse in Phoenix, AZ
A nursing home resident may suffer one or more types of abuse. The common types of nursing home abuse your loved one might experience in a skilled nursing facility include:
- Physical abuse, including hitting, kicking, shoving, pushing, restraints, and slapping
- Neglect, including failing to provide adequate hydration, nutrition, personal hygiene, access to health care, and emotional support
- Psychological abuse, including yelling, emotional abuse, isolation, and threats
- Sexual abuse, including all acts of unwanted sexual conduct
- Financial abuse, including stealing money and property, forging financial documents, using fraud to obtain deeds and titles, and coercing a patient into changing their estate documents
It is estimated that at least 10% of adults 65 years and older will be the victim of elder abuse each year. However, neglect and abuse of elderly individuals are often underreported because the victims cannot speak for themselves or are too afraid to tell anyone.
Common Signs of Nursing Home Abuse and Neglect
Nursing home abuse can be subtle. Staff members might threaten residents with harm if they tell anyone about the abuse. Therefore, you can help protect your loved ones by watching for symptoms and signs of nursing home abuse.
The signs of abuse vary depending on the type of abuse and other factors. Common signs of nursing home neglect and abuse include, but are not limited to:
- Sudden loss of weight without a valid explanation
- Dehydration and malnutrition
- Untreated or new medical issues
- Unexplained bruises, lacerations, fractures, and other injuries
- Bed sores
- Unwilling to speak when nursing home staff is near
- Behavioral changes, including withdrawal, depression, rocking, uncontrollable crying, etc.
- Unexplained bruising and bleeding near the genitals, thighs, breasts, mouth, or anus
- Sexually transmitted diseases
- Staff members refusing to leave patients alone with family members or friends
- Abrasions and bruising around the ankles and/or wrists
- Poor hygiene, dirty clothing, and unsanitary conditions
Visiting often and at different times can help you spot signs of negligence and abuse in nursing homes. Make notes during each visit and record any unusual or strange comments or behavior by staff members or residents.
Why Does Nursing Home Abuse Happen in Phoenix, AZ?
There is no excuse for mistreating or neglecting a resident in a nursing home. Most of the nursing home abuse cases involve intentional torts and negligence. Specific causes might include:
- Lack of training and supervision of staff members
- Failure to conduct background checks for employees
- Carelessness or laziness when caring for patients
- Understaffing of nursing homes
- Hiring individuals with little or no experience caring for elderly or vulnerable adults
- Poor accountability and management
- Pay rates that discourage qualified individuals from working in nursing homes
- Failing to obtain timely medical treatment for patients
Our Phoenix nursing home abuse lawyers thoroughly investigate the circumstances that led to your loved one’s injuries and current condition. We diligently pursue each piece of evidence to uncover the factors that led to the abuse and neglect. Then we identify all parties involved and work to hold them accountable for their part in the abuse.
What Damages Are Available for a Phoenix Nursing Home Abuse Claim?
A person who has a duty to provide care for a vulnerable adult can face criminal charges if they allow the person to be injured or endangered. Arizona’s personal injury laws give nursing home residents a civil cause of action to seek monetary damages from the parties who caused them to be injured or suffer harm.
- The cost of past and future medical care associated with the abuse
- Physical pain and suffering
- Reimbursement of costs to move the patient to a safe facility
- Mental anguish and emotional distress
- Loss of enjoyment of life and/or diminished quality of life
Sometimes, a party’s conduct is so outrageous that a jury might impose punitive damages. Punitive damages punish a defendant for acting with an “evil mind” in causing harm to another person.
Proving Liability for a Nursing Home Abuse Case in Phoenix
- The nursing home owed the resident a duty of care to provide for their needs and well-being
- The nursing home breached the duty of care through its actions or omissions
- The breach of duty was the direct and proximate cause of the resident’s injuries or harm
- The resident sustained damages because of the breach of duty
Proving your case can be challenging. Our lawyers at Curiel & Runion Personal Injury Lawyers handle the investigation and gather evidence to prove the case. We work to build a strong case against each party responsible for abusing your loved one by pursuing every lead in your case.
What Does It Cost To Hire a Phoenix Nursing Home Abuse Lawyer?
Many residents in nursing homes do not have the fund available to hire a lawyer. Likewise, their family might have trouble paying a lawyer’s retainer fee to investigate a nursing home abuse case.
Our attorneys at Curiel & Runion Personal Injury Lawyers accept injury cases for a contingency fee. With a contingency fee, you do not pay any money upfront to hire our law firm.
Instead, our attorney’s fees are paid from the money we recover for your case. The fee is a percentage of the amount recovered that you agree to pay when you hire our law firm to handle your case.
What Is the Statute of Limitations for Nursing Home Abuse Claims in Arizona?
A statute of limitations restricts your time to file a claim or lawsuit. The court can dismiss lawsuits filed after the statute expires, even if you have a valid claim.
Most nursing home abuse claims have a two-year statute of limitations. However, exceptions could change the deadline, so seeking legal counsel as soon as possible is always best.
Schedule a Free Consultation With Our Phoenix Nursing Home Abuse Lawyers
It is despicable to abuse a nursing home resident. At Curiel & Runion Personal Injury Lawyers, we work to get justice for your loved one by holding those who caused the harm accountable for their actions. Call us today to request your free case review with an experienced Phoenix nursing home abuse attorney.