Nursing Home Lawyer in Arizona

Elder Abuse in Arizona

As the elderly enter the final stages of their life, they undergo common physical conditions such as difficulty hearing, seeing, and memory loss. These physical and mental limitations make them vulnerable to verbal and physical attacks by the professionals that care for them and create opportunities for others to take advantage of them. While signs of abuse can overlap with mental deterioration, each case should be investigated — even if the patient is experiencing neglect.

Common Causes of Nursing Home Abuse in Arizona.

Unfortunately, nursing home abuse can come in many forms, and much of it goes unreported or overlooked. From physical and emotional abuse to neglect or financial exploitation, nursing homes can take advantage of their patients in many ways. If you feel that you or your loved one has been exploited or abused while in the care of a nursing facility, we highly encourage you to speak with a nursing home lawyer with our law team.

The Elderly Living in Nursing Homes Have Rights

• Right to be free from abuse and neglect
• Right to manage their own finances
• Right to have their own clothes and to have their personal property in their room
• Right to choose their own physician
• Right to participate in decisions about their medical care
• Right to be free of restraints, including physical restraints such as straps or chemical restraints such as unnecessary sedatives
• Right to private, unimpeded visits and communications
• Right to see a lawyer or social worker
• Right to make grievances when they feel their rights are being violated
• Right to refuse to perform work inside the nursing home

Arizona Elder Abuse Laws

“In 1988, the legislature determined that elder abuse in Arizona was a serious problem justifying legislative intervention and enacted the APSA, which criminalized abuse of an incapacitated or vulnerable adult, designating elder abuse a class 5 felony. Denton v. Superior Court, 190 Ariz. 152, 155, 945P. 2d 1283, 1286 (1997) (“The legislature’s intent and the policy behind the elder abuse statutes are clear. Arizona has a substantial population of elderly people, and the legislature was concerned about elder abuse.”) The next year the legislature amended the statute to create a statutory civil cause of action for elder abuse.”

In Estate of McGill ex rel. McGill v. Albrecht(2002) 203 Ariz. 525, 527 57 P.3D 384, 386 the Court discussed the Arizona “Adult Protective Services Act:”

Adopted in 1989, the civil version of APSA was intended to create a statutory civil cause of action. The legislature create this cause of action with the following words:

“An incapacitated or vulnerable adult whose life or health is being or has been endangered or injured by neglect, abuse or exploitation may file an action in Superior Court against any person or enterprise that has been employed to provide care, [or] that has assumed a legal duty to provide care.” A.R.S § 46-455(B).

Incapacitated adults include those suffering from:

Impairment by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, advanced age to the extent that the person lacks sufficient understanding or capacity to make or communicate informed decisions concerning his or her person.

Arizona elder abuse statutes can be found in A.R.S. § 13-3623 which defines abuse. The law in Arizona basically protects adults over 18 who cannot protect themselves due to a mental or physical impairment. Some basic definitions you need to know include:

What Types of Damages are Available Under Arizona Elder Abuse Cases?

The plain wording of A.R.S. § 46-455 allows the court to award damages for pain and suffering. If the court finds liability under this statute, it may order the tortfeasor to pay “actual and consequential damages, as well as punitive damages, and costs of suit to those persons injured by the conduct described in this section.” A.R.S. § 46-455(F)(4). Actual damages are synonymous with compensatory damages. Compensatory damages include damages for pain and suffering. Thus, actual damages include damages for pain and suffering, and the elder abuse statute affirmatively permits the trial judge to award such damages.

The legislature’s intent and the policy behind the elder abuse statutes are clear. Arizona has a substantial population of elderly people, and the legislature was concerned about elder abuse. In civil actions for elder abuse, pain and suffering may be the only compensable damages the victim may recover. Because incapacitated or vulnerable adults are not employed, they cannot recover damages for lost earnings or diminished earning capacity. Because incapacitated or vulnerable adults generally have Medicare, Medicaid coverage, or other insurance, they may not recover for medical expenses. Property damage is generally not an issue in elder abuse cases. As a result, the most likely form of damages recoverable in these cases are for pain and suffering. Under the Arizona statutes, damages up to two times the amount of the monetary damages may be established under either A.R.S. §46-456(A),(B) or (C).

The legislature intended to provide victims of elder abuse or their representatives with the ability to recover damages for pain and suffering even if the victim dies prior to judgment. This intent is evident from the plain words and the underlying policy of the elder abuse statute. The court in the Denton decision stated, “We hold that representatives of elder abuse victims may recover damages for pain and suffering endured by the victims, notwithstanding the death of the victims. 190 Ars. 152, 157 945 P.2d 1283, 1288 (199)

Nursing Home Abuse Attorney In Arizona