More than 1.5 million elderly and disabled Americans reside in more than 16,000 nursing homes across this country. As the general population ages, these numbers are increasing daily. Despite the fact that by law, nursing homes must take steps to attain or maintain the highest practicable physical, mental, and psycho-social well-being of each resident, too many residents are victims of neglect or abuse by these facilities and/or their employees.
Exposing improper care, neglect and/or abuse in a nursing home facility may be much more difficult than in some other health care contexts, for reasons that the victims of the neglect may be incapable of communicating the nature and frequency of their abuse or neglect because of physical and/or mental health problems. As such, family members with loved ones who are residents of nursing homes must never take the resident’s care for granted.
Claims against nursing homes may involve many different circumstances and scenarios. Some claims arise as a result of a failure to hire sufficient numbers of qualified staff. Others may involve the employ of poorly qualified, untrained, and/or overworked staff, who are incapable of addressing the demanding daily needs of nursing home residents. Nursing home abuse and/or neglect often involves not only the physical well-being of the resident, but also the mental, and/or psychological well-being of the resident.
There are many examples of nursing home abuse and/or neglect, which may include: 1) failure to provide proper nutrition and hydration; 2) failure to assist in personal hygiene when needed; 3) over-medication or under-medication; 4) failure to take reasonable precautions to prevent falls; 5) failure to answer call lights in a timely fashion; 6) failure to turn residents in their beds (leading to bed sores); 7) failure to take residents to the toilet (leaving them in soiled garments or beds); 8) hitting, slapping, pushing or other physical abuse of the resident; 9) use of unwarranted chemical or physical restraints; 10) emotional or verbal abuse; 11) retaliation for making a complaint or filing a grievance; 12) sexual assault of the resident. The foregoing list is only intended to set forth common examples of abuse and neglect, and is not a complete list of all of the types of abuses that may occur.
If you suspect a family member or loved one has been the victim of nursing home abuse or neglect, given that the health and safety of the resident is at stake, the matter should be investigated immediately. If the matter cannot be resolved to your satisfaction by bringing it to the attention of the nursing home administrator and/or the director of nurses at the nursing home, you may seek the assistance of the government, lawyers, and/or support and advocacy groups.
Phoenix Nursing Home Abuse Law firm Zachar Law Firm represent victims of nursing home abuse and neglect victims. We offer a free case evaluations to those who believe they, or someone they know, may have been the victim of nursing home neglect or abuse. If it is determined that a claim exists, we will generally agree to handle such claims on a contingency fee arrangement. This means there will be no charge for the services on a hourly basis, but rather, Zachar Law Firm will agree to be paid a percentage of the money recovered in the event of a settlement or judgment. Claims that may be made on behalf of the victim include damages for medical bills, pain and suffering, and mental anguish. Under certain circumstances, one may also seek punitive damages, as an effort to deter grossly negligent and/or fraudulent conduct in the future.
Remember, as in other types of claims, a victim of nursing home abuse or neglect has a limited time period in which it is necessary to pursue a civil lawsuit. The length of this period varies depending upon the type of claim that is made. A person who believes that a family member or loved one may have been the victim of nursing home abuse or neglect should always seek the advice of an attorney without delay, in order to preserve their claim. If you suspect that such a claim may exist, please feel free to contact our office.
To speak with an experienced Phoenix Nursing Home Abuse Lawyer who specializes in helping victims stand up for their rights, please contact Chris Zachar of Zachar Law Firm via E-mail or by phone. There is NO obligation and with your submission we are also offering a FREE no hassle case evaluation. Even if you are not submitting a case evaluation and just have a question, we offer real answers to your questions in a matter of a few minutes.
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