People enter nursing homes expecting to be treated with respect and care; and the United States, especially through Medicaid and Medicare, spends extremely large amounts of money to achieve this; but the all-too-frequent stories of nursing home abuse and neglect clearly indicate that the pervasive failure to deliver. While courts and juries tend to be sympathetic to nursing home residents who have been assaulted, neglected, or even killed at the hands of their caregivers, that doesn’t make up for the experiences of the victims or the horror experienced by their families. A Phoenix nursing home abuse lawyer at Knapp & Roberts understands the horrors the victim and families go through and is there to help.
Both Arizona and the federal government have passed laws for the protection of nursing home residents. Arizona’s Adult Protective Services Act (APSA) protects vulnerable adults from abuse, neglect, and exploitation. The statute provides for lawsuits seeking damages for injuries caused by violations of the law’s provisions. Suits can be brought against any person and against any enterprise that has been employed to provide care to the vulnerable adult, but has been amended to specifically exempt physicians, podiatrists, nurse practitioners, and physician assistants.
The Federal Nursing Home Reform Act (NHRA) applies to nursing homes that receive Medicare or Medicaid money. It provides a set of rights for nursing home residents and establishes standards of care in many areas, including nutrition, restraints, and bedsores, among other things. It doesn’t allow residents to sue for violations, but an experienced Phoenix nursing home abuse lawyer can still establish that the facility violated NHRA as an indicator of the facility’s negligence.
In a suit brought under the Adult Protective Services Act, damages recoverable include:
Arizona courts have ruled that, when a resident dies as a result of abuse or neglect, damages for the loss of the inherent value of human life can’t be recovered under APSA, but those damages are available under Arizona’s wrongful death statute.
First and foremost of the failings that result in nursing home resident injuries are those involving staff:
Other typical failings include:
No list of injuries from nursing home abuse and neglect could be exhaustive, but the following are among the most common:
Nursing home injury cases are very specialized, very dependent on what you can prove, and very emotional. The elder abuse attorneys of Knapp & Robert in Phoenix have successfully handled many of these cases, achieving a fair settlement out of court whenever possible and taking the case through trial whenever necessary. A specialized Phoenix nursing home abuse lawyer at our firm is aware of how hard the cases are on the victims and families, and we take great pains to keep our clients aware of the case status and prepared for the steps to follow.
There’s no charge for talking to us, and if we take the case, there’s no fee unless we succeed in getting compensation for the injuries or death of the resident. Call Knapp & Roberts today.
The personal injury attorneys in Phoenix, Arizona, at Knapp & Roberts have the compassion and trial lawyer skills to tell your story to a jury. We will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives. Obtain the compensation necessary for the injuries and losses you have suffered.