Chandler Nursing Home Abuse & Neglect Lawyer
Nursing homes and elder care facilities all over the country are responsible for helping many seniors entrusted under their care. Older adults may be at higher risk for injury and health concerns due to various factors. Still, when the facilities they are enrolled in neglect or abuse them, these instances are taken very seriously. If a loved family member is found abused or neglected in a nursing home, a variety of emotions and challenges may arise from the unfortunate circumstances.
At Feller & Wendt, our seasoned Chandler nursing home abuse and neglect lawyers are dedicated to helping families and their elders that endured abuse and neglect at the hands of a facility, its operations, and the actions of their staff. In these cases, it’s essential to understand the elements of a claim or lawsuit and when to seek a just settlement.
How Is Nursing Home Abuse and Neglect Defined?
The terms ‘abuse’ and ‘neglect’ are often used to explain many situations. Ultimately, abuse is placing intentional harm or causing distress on another person. On the other hand, neglect is a form of abuse but relates to the failure of a caregiver to provide safe or essential life needs for someone when they have a duty of care to uphold. For an elderly and vulnerable population, abuse and neglect are very harmful and detrimental.
According to the CDC, common types of abuse in someone aged 60 or older include:
- Physical: Any physical injuries such as illness, pain, distress, or a fatality. This is often attributed to intentional force and harm, such as hitting or pushing elders.
- Sexual: Involves force or unwanted sexual interactions or contact, harassment, and inappropriate non-contact.
- Emotional and psychological: Includes abuse of verbal and nonverbal behaviors used to inflict fear, mental distress, humiliation, threats, or harassment.
- Neglect: Failure to meet varying needs such as food, hygiene, shelter, clothing, and necessary medical care.
- Financial: Any illegal and unauthorized use of an elder for their benefits, belongings, property, and assets. Financial abuse also includes stealing or misusing money.
Every nursing home abuse case may differ. Whether based on one incident or if a case unfolds years of abuse, a seasoned Chandler nursing home abuse and neglect attorney may help you investigate your family member’s circumstances. Although these cases are devastating and challenging, our legal team strives to help uphold an elder’s rights and seek justice for the ill actions of a facility and negligible caregivers.
Understanding the Signs of Nursing Home Abuse and When to File a Claim in Arizona
The results of enduring abuse can look different for every victim. However, there are common signs of nursing home abuse within the elderly population. If you suspect your family member may be abused or neglected in a facility or have removed them due to your discovery, a Chandler nursing home abuse and neglect attorney may help you by handling the process of a claim.
Signs your loved one may be or has been abused or neglected include:
- Unexplained physical injuries with varying healing stages
- Significant weight loss and deteriorating health conditions
- Poor hygiene and disorganized belongings
- Anxiety, depression, confusion, and distress
- Lost or stolen items and belongings
If you suspect a family member or elder is suffering abuse, you should do the following:
- Remove your loved one from the care of the facility in question.
- Report the abuse to the National Center on Elder Abuse, even if you do not have tangible evidence.
- Consider valuable resources from a long-term care ombudsman, the U.S. Administration on Aging, and the U.S. Department of Justice Office for Victims of Crime – Elder Abuse and Mistreatment.
- Consider scheduling a free consultation at Feller & Wendt to speak with a seasoned attorney.
Nursing home facilities are vicariously liable for the actions of their staff and directly responsible for hiring, equipping, and ensuring their workforce can perform the services they provide. Suppose any form of negligence or intentional harm is caused to an elder in a facility by an error, caregiver’s acts, or other cause. In that case, the liable parties compensate for the injuries.
Who Is Liable for Nursing Home Abuse and Neglect?
Depending on the type of abuse, who is involved, and other factors, proving negligence and violence on behalf of a facility and its staffing errors may be challenging. With the help of your Chandler nursing home abuse and neglect lawyer, you can gather the evidence and information needed to prove the necessary elements of negligence in any case or lawsuit.
In a nursing home abuse and neglect case, the following parties may be liable:
- A caregiver
- The nursing home facility
- Other liable parties involved
Elements of proving negligence in a claim or lawsuit include:
- The caregiver and facility had a duty of care to act responsibly and reasonably.
- The liable parties breached their duty of care in some way.
- The victim suffered injuries and damage concerning the abuse and neglect.
- The proximate cause of the injuries and damage is the abuse and neglect of the negligent parties.
Abuse and neglect cases in nursing homes often involve medication errors, lack of proper staffing, inexperienced staff, and other factors. An attorney navigating an eligible case will review the reports, records, surveillance, and other pertinent evidence and proof to ensure liability and negligence are proven.
Compensatory Damages in a Nursing Home Abuse and Neglect Case
When a family member is harmed and neglected, the effects of these circumstances may lead to mental and emotional hardship for a long time. If a nursing facility, caregiver, or other negligent party is liable for the damage and trouble an elder has endured, filing a claim may help them seek justice and financial support.
Compensatory damages recoverable in a case or lawsuit might include:
- Economic damages
- Non-economic damages
- Punitive damages
- Wrongful death
Cases involving nursing home abuse and neglect can be difficult to prove independently. Especially if a facility and the caregiver’s employer have insurance and legal resources to fight these situations. You have a right to seek legal help and hold liable parties accountable for their ill actions in harming your loved one. Our compassionate legal team has the resources and legal knowledge to represent our elderly clients and the justice they deserve.
Reach Out to a Chandler Nursing Home Abuse & Neglect Lawyer Today
Discovering a loved one has been abused or neglected under the care of a seemingly trustworthy facility can be devastating. In Arizona, these cases and wrongful deaths are taken very seriously in a court of law. To hold the facility and caregivers accountable for the harm and damages an older adult and loved family member endured, consider the help of a knowledgeable attorney at Feller & Wendt.
Our seasoned attorneys have practiced in personal injury and handled nursing home abuse cases for many years. We’re eager to help families and their elders uphold their rights, seek justice, and help recover compensatory damages. To schedule a consultation at no cost with a Chandler nursing home abuse and neglect lawyer, complete a contact form or call us at (408) 702-2277.