Nursing Home Abuse Attorneys Serving Phoenix and Arizona
The Phoenix nursing home neglect lawyers at Burg Simpson are here to help families dealing with the emotional and physical consequences of mistreatment. When a loved one is abused or neglected in a nursing home, it is very important to understand your rights and options. Swift action may be needed to prevent additional harm and restore dignity and safety to the victim.
According to the Arizona Department of Economic Security, by 2030, there will be as many people over 60 living in Arizona as there are children under the age of 17. Roughly 13 percent of the state’s population is already over 65 years old. With such a large elderly population that is only expected to grow, it is not surprising that more than half of the state’s Medicaid budget is spent on institutional care.
Nationally, the CDC reports that approximately 1.3 million individuals live in nursing homes. This growth in the number of elderly residents—especially in states like Arizona—is driving demand for long-term care facilities. Unfortunately, it is also driving the growth of for-profit facilities that care more about their balance sheets than providing the best possible care for their residents.
The residents of nursing homes are vulnerable to harm. Many suffer from chronic health conditions, including dementia, and require special attention and care. Unfortunately, many of these individuals are subjected to abuse and neglect daily.
The National Center on Elder Abuse (NCEA) reports that at least one in 10 nursing home residents have experienced some form of abuse. Even more shocking than this statistic, the NCEA warns that this data paints a rosier picture than what is actually happening. According to their research, “for every incident of abuse reported to authorities, nearly 24 additional cases remain undetected.” If you have a loved one in a nursing home, paying attention to them, visiting often, and truly listening to their experiences can help ensure any mistreatment they are experiencing is dealt with swiftly.
Contact a Phoenix Nursing Home Neglect Attorney Today
If you suspect a loved one is being neglected or abused in their nursing home, call Burg Simpson at 602-777-7000 right away. Located in Phoenix, our nursing home neglect attorneys serve families living throughout Arizona. Call us today for a FREE and confidential case review and let us help you determine how best to move forward.
If you need immediate assistance, please call 911. Be sure to also report the abuse to Arizona’s Adult Protective Services (APS) at 877-767-2385 or through their online reporting system.
Examples of Nursing Home Neglect and Abuse
The Arizona Department of Economic Security is required to conduct a thorough background check for anyone who is employed or seeking employment in a “position that provides direct services to vulnerable adults or children.” (see A.R.S. § 46-459). Despite that, the Arizona Adult Protective Service System received 37,305 communications of abuse, neglect, and exploitation in 2023. The most common reason for reporting abuse to APS was financial exploitation, but over a quarter of these reports involved neglect, and nearly one-fifth involved physical or sexual abuse.
If you have a loved one in a nursing home, it is important to know both the possible types of abuse and the signs that they may be occurring. These can include:
Financial Exploitation
Financial exploitation may include unauthorized use of funds, forgery, theft, and anything else that involves taking financial advantage of a nursing home resident. Signs of financial exploitation in a nursing home may include:
- Increased isolation and dependency on a single caregiver
- Suddenly having a new friend who seems very interested in their health and finances
- Comments about missing funds or possessions
Neglect
Nursing home neglect may include failure to provide adequate care, insufficient hygiene, failure to provide sufficient food and water, or ignoring medical needs. Signs of nursing home neglect may include:
- Pressure sores
- Unexplained weight loss
- Insufficient/inappropriate clothing
- Lack of cleanliness
- Lack of or delayed medical care
Physical Abuse
Physical abuse involves acts of violence or physical cruelty. Signs of nursing home abuse include:
- Unexplained bruises
- Fractures or broken bones
- Cuts or abrasions in unexpected places
Sexual Abuse
Sexual abuse may involve unwanted touching, nonconsensual penetration, and any other act of sexual violence or mistreatment. Signs of sexual abuse in a nursing home may include:
- Sexually transmitted infections
- Difficulty walking or sitting
- Bruises around the breast or genital areas
Emotional Abuse
Emotional abuse may include verbal insults, threats, intimidation, or isolation of nursing home residents. Signs of emotional abuse in a nursing home may include:
- Depression
- Agitation
- Withdrawal from normal activities
- Being anxious to please or submissive in the presence of the abuser
- Lack of eye contact
- New or increased use of alcohol or drugs
Emotional and behavioral changes are common with all types of nursing home abuse and neglect. Unexplained mood swings, sudden changes in behavior, withdrawal from the community, anxiety, depression, increased aggression, or any other emotional changes may indicate nursing home mistreatment. These issues should never be ignored.
Talking to your loved one—even when stories seem implausible or contradictory—can give you a clearer idea of what their experience is like. If you suspect mistreatment is occurring, talk to a Phoenix nursing home neglect attorney from our firm right away to learn how we can help.
What to Do If You Suspect Nursing Home Abuse or Neglect in Arizona
If you suspect a loved one is suffering from abuse or neglect in their nursing home, it is important to take immediate action. If you feel comfortable talking to staff or management at the home, bring your concerns to their attention first. They may have insight or information that can help you determine your next move.
Be sure to document everything. Keep detailed records of suspicious injuries, behaviors, and statements made by your loved one, along with any interactions with staff. This will help provide the evidence you need to pursue a claim.
Steps to take if you suspect a loved one is being mistreated in their nursing home:
- Report the Abuse. Contact Adult Protective Services through the Arizona Department of Health Services to report the abuse or neglect.
- Seek Medical Attention. Ensure any injuries or health concerns are promptly addressed by a qualified and trusted healthcare professional.
- Contact a Phoenix Nursing Home Neglect Lawyer. Your attorney will investigate your claim, identify all instances of neglect and abuse, and pursue justice for you and your loved one.
If you have evidence of or were witness to abuse, contact the police for immediate assistance.
Nursing home abuse and neglect can occur in any care facility—even those with a higher ranking on Medicare’s Care Compare website. Making frequent and unannounced visits to the facility may allow you to spot signs of mistreatment that could otherwise be hidden.
When to Involve a Nursing Home Neglect Lawyer
You should call a Phoenix nursing home neglect attorney as soon as you suspect any form of abuse or neglect. Arizona’s legal system is complex. Without the assistance of an experienced attorney, you may not fully understand your rights or the options that are available to you. Your lawyer will investigate your claim, gather evidence, and work to hold those responsible for the mistreatment to full account.
You only have two years to pursue civil action for injuries sustained through nursing home neglect and abuse in Arizona. Families who have lost a loved one due to wrongful death in a nursing home are also allowed two years to take action. However, we strongly encourage you to take action much sooner. Not only will swift action help to protect the victim from future abuses and indignities, but it can also protect other residents and hasten your family’s recovery of damages for medical expenses, pain and suffering, rehoming expenses, and more.
Damages in Arizona Nursing Home Neglect and Abuse Cases
Victims of nursing home neglect and abuse, as well as their families, may be entitled to recover damages for the harm they have suffered. In Arizona, these damages typically fall into two categories:
- Economic Damages. These are measurable financial losses related to neglect or abuse. They include things like medical expenses, relocation costs, and lost income of family members who had to shift focus from work to deal with the issue.
- Non-Economic Damages. These damages address the intangible harms caused by abuse and neglect. They include compensation for things like pain and suffering, emotional distress, loss of enjoyment in life, and, in cases of wrongful death, loss of a loved one.
A third type of damages, punitive damages, may be sought in some cases as well. Punitive damages seek to punish particularly egregious, reckless, or intentional behaviors that lead to injury. Punitive damages require clear and convincing evidence that the nursing home or its staff acted with intentional misconduct or gross negligence. They are rarely awarded in cases involving nursing home neglect and abuse.
Damage Caps in Arizona
There is no cap on economic and non-economic damages in nursing home abuse and neglect cases in Arizona. This means that families are not limited in the amount of compensation they can seek for the financial, physical, and emotional injuries suffered as a result of mistreatment. Arizona law allows victims of neglect and abuse to pursue full compensation based on the true extent of their injuries, the suffering they have endured, and the costs they have incurred.
Our Phoenix Nursing Home Neglect Lawyers Are Here to Help
Nursing home abuse and neglect take a profound toll on both victims and their families. Discovering that a loved one has been mistreated in a facility meant to provide care is heartbreaking, and the legal process to seek justice can feel overwhelming. Our Phoenix nursing home neglect attorneys are here to offer the guidance, support, and representation you need during this time.
With decades of experience, our legal team has successfully represented families across Arizona, helping them hold negligent nursing homes accountable for the harm they have caused. We know that each case of nursing home abuse is unique. We will take the time to listen to your concerns, carefully investigate the details of your situation, and develop a legal strategy tailored to your needs.
Our firm has recovered more than $2 billion in verdicts and settlements for our clients. We combine our extensive legal knowledge with compassion, understanding the emotional weight these cases carry. Our team works together to ensure that every aspect of your case is thoroughly prepared for any eventuality, allowing us to fight for your best interests no matter which direction your case goes. Even though most of these claims are settled before they go to trial, we prepare every claim for such an eventuality. Proven both in and out of the courtroom, we will stand by your side and fight for the justice you deserve.
At Burg Simpson, we prioritize the well-being and safety of our most vulnerable citizens. We are relentless in our pursuit of justice, holding nursing homes and their staff accountable for the abuse and neglect they inflict. You do not have to face these indignities alone. We are here to be your sword and shield, and to help you secure the compensation you will need to move forward and heal.
Contact a Phoenix Nursing Home Neglect Attorney for FREE
If you or a loved one has suffered abuse or neglect in a nursing home, the time to take action is now. Call Burg Simpson at 602-777-7000 or contact us online to schedule your FREE consultation. Based in Phoenix, our nursing home abuse lawyers welcome clients from Tempe, Peoria, Scottsdale, and throughout the state of Arizona.
