Arizona Nursing Home Abuse Lawyer
The state of Arizona, like every other state in the nation, has mandated state laws that are in place to protect elderly and disabled citizens who reside in nursing homes. Unfortunately, even with strict laws, the instances of nursing home abuse in Arizona are still happening frequently. Sometimes the victim and/or the victim’s family may not even be aware that state laws are being broken and that they have the right to seek legal recourse for the damages incurred. Therefore, it’s extremely important to understand Arizona nursing home abuse laws and what your options are. It’s also important to be aware of just how much abuse and neglect many of the elderly and disabled citizens of Arizona have faced.
The McIver Brown Law Firm’s award-winning attorneys represent the victims of nursing home abuse and neglect throughout Arizona including the following cities and their surrounding areas: Mesa, Phoenix, Prescott, Scottsdale, Tucson, and Yuma.
Arizona Nursing Home Abuse Facts
Per the Arizona Adult Protective Services System’s (AZAPSS) most recent annual report, Adult Protective Services (ASP) received a total of 6,889 reports of elderly, disabled, and nursing home abuse between 2010 and 2011, an increase from 6,488 between 2009 and 2010. Out the 6,889 reports, over 4,900 were reports of neglect, over 1,700 were reports of physical abuse, and over 1,900 were reports of exploitation.
Arizona Nursing Home Abuse Statistics:
- Almost half of all abuse reports were made by social services or medical services.
- There were more female victims than male victims. However, since females typically have a longer life span, according to APS, this may be the reason for this statistic.
- Perpetrators not only consisted of nursing home staff members, but also family members and paid caregivers.
- Most victims were over the age of 60 even though disabled adults 18 and older can live in assisted living facilities and nursing homes.
Arizona Special Focus Facilities
The Centers for Medicare and Medicaid Services (CMS) conducts regular, unscheduled inspections on nursing homes throughout the nation in order to make sure that each nursing home is providing quality care to the residents. Hundreds of nursing homes throughout Arizona have received the lowest overall score possible during the most recent inspections, for deficiencies and infractions such as fire-safety issues, health-related infractions, and more. Some cases are so severe that CMS places them on a national watch list and labels them as “special focus facilities”.
Currently, there is one Arizona nursing home known as an SFF: Immanuel Campus of Care. This particular nursing home was placed on the national watch list after inspectors found a total of 29 health deficiencies, a total of eight fire-safety deficiencies, and and several other infractions, such as physical restraints, failure to provide beverages to residents, failure to serve lunch and dinner in a timely manner, medical neglect, unsanitary living conditions, and much more.
Keep in mind that if nursing homes successfully complete and submit a managed care plan that proves that deficiencies and infractions have been prevented, they have the opportunity to be removed from the national watch list. It’s important to understand, though, that the serious infractions that landed these nursing homes on the watch list in the first place could pose severe psychological and physical issues to the residents. Listed below are Arizona nursing homes, that at one point in time, have been listed as an SFF:
- Advanced Health Care of Scottsdale
- Apache Junction Health Care Center
- Archie Hendricks Senior Skilled Nursing
- Avalon Care Center- Shadow Mountain
- Avalon Southwest Health and Rehabilitation
- Capri at the Point Rehab
- Chinle Nursing Home
- Citadel Care Center
- Desert Haven Care Center
- Hacienda Nursing Facility
- Health Care Center (Forum-Tucson)
- Highland Manor Health and Rehab
- Kindred Transitional Care and Rehab (Tucson)
- La Estancia Nursing and Rehabilitation
- La Rosa Health Care Center
- La Solana Care and Rehab Inc.
- Life Care Center of North Glendale
- Mesa Christian Health and Rehabilitation
- Mi Casa Nursing Center
- Palm Valley Rehab and Care Center
- Park Avenue Health and Rehabilitation
- Scottsdale Nursing and Rehab Center
- Springdale Village Health Care
- Springdale West
- Sunset Hills Care and Rehab Inc.
- Sunview Health & Rehabilitation Center
- Tall Pines and Rehab Inc.
Arizona State Laws on Nursing Home Abuse
As previously mentioned,Arizona state laws regarding nursing home abuse were created to protect senior citizens from neglect, exploitation, and abuse at the hands of caretakers, nursing home staff members, family members, friends, and anyone else who attempts to take advantage of vulnerable elders. According to Arizona state law, nursing home and elderly abuse consists of:
- Abuse: As defined by Arizona state law, abuse is the intentional physical harm, injuries caused by negligence, unjustified confinement, sexual abuse, and/or sexual assault.
- Neglect: Arizona state law defines neglect as the deprivation of things that can place the victim in physical and/or emotional danger, such as deliberately failing to provide meals, water, medicines and healthcare services. Other forms of neglect consist of failing to provide a comfortable living area with proper temperature control or any other service needed to maintain a proper level of physical and emotional well-being.
- Exploitation: The state of Arizona legally defines exploitation as taking advantage of an incapacitated person in an illegal manner. Examples of exploitation include manipulation of an elderly person in order to get access to his or her financial accounts, threatening and/or coercing the victim to provide their financial information, and taking valuable items without consent. Other forms of exploitation by caregivers, relatives or other individuals include gaining the trust or friendship of an elderly patient to obtain money, valuables, and access to financial data.
If any form of nursing home abuse occurs, or even suspected, staff workers, medical professionals, and administration are mandated by federal and state law to report the incident within 48 hours. Failure to do so could result in fines, possible criminal action, and the potential for the permanent closing of the nursing home.
Getting Legal Help in Arizona
If your loved one has suffered from any from of nursing home abuse and/or neglect in Arizona, an experienced Arizona nursing home abuse lawyer may be able to help you. At McIver Brown law firm, our team of award-winning lawyers have helped numerous victims become victorious and collect the damages they are entitled to. For more information and for a free consultation, give us a call today.