Entrusting the care of an elderly loved one to a nursing home or assisted living facility is a significant decision, often made with the expectation of safety, dignity, and compassionate attention. Unfortunately, the reality is that nursing home abuse and neglect are serious problems in Arizona and across the country, leading to devastating consequences for vulnerable residents and their families.

At AZ Law Now, we believe that every senior deserves to live free from harm and neglect. Our dedicated team of personal injury attorneys is committed to advocating for the rights of abused and neglected nursing home residents in Arizona. We fight to hold negligent facilities and individuals accountable and secure the justice and compensation victims deserve.

Understanding Nursing Home Abuse and Neglect in Arizona

Arizona law provides specific rights and protections for nursing home residents (A.R.S. Title 36, Chapter 4, Article 3) and defines abuse and neglect under the Adult Protective Services Act (A.R.S. Title 46, Chapter 4). It’s crucial to understand the different forms this mistreatment can take:

• Physical Abuse: Any intentional act causing physical harm, pain, or impairment. This includes hitting, slapping, pushing, shaking, improper use of restraints, or force-feeding.
• Emotional or Psychological Abuse: Inflicting mental pain, anguish, or distress through verbal or nonverbal acts. This can involve intimidation, threats, humiliation, isolation, harassment, or treating a resident like a child.
• Sexual Abuse: Any non-consensual sexual contact, including unwanted touching, sexual assault, or battery.
• Financial Exploitation: The illegal or improper use of a resident’s funds, property, or assets. This can include theft, fraud, forging signatures, or coercing a resident to change their will or power of attorney.
• Neglect: The failure of caregivers or the facility to provide the necessary care, services, or attention to ensure a resident’s well-being. This is one of the most common forms of mistreatment and can include:
  • Failure to provide adequate nutrition and hydration (leading to malnutrition or dehydration)
  • Failure to assist with personal hygiene
  • Failure to provide a safe environment (leading to falls or injuries)
  • Failure to administer medications correctly or at all (medication errors)
  • Failure to reposition residents, leading to bedsores (pressure ulcers)
  • Failure to provide necessary medical care or respond to medical emergencies
  • Inadequate staffing or poorly trained staff

Your Rights and Legal Options in Arizona

If you suspect nursing home abuse or neglect in Arizona, you have rights and options:

1. Ensure the Resident’s Immediate Safety: If you believe a resident is in immediate danger, call 911 or local law enforcement.
2. Report the Abuse/Neglect:
   • Adult Protective Services (APS): Call the statewide hotline at 1-877-SOS-ADULT (1-877-767-2385). APS investigates allegations of abuse, neglect, and exploitation of vulnerable adults.
   • Arizona Department of Health Services (ADHS): File a complaint with ADHS, which licenses and regulates nursing homes, regarding quality of care concerns online or by phone.
   • Long-Term Care Ombudsman: This program advocates for residents’ rights. They can help resolve complaints and provide information.
   • Law Enforcement: For criminal acts like assault or theft.
3. Document Everything: Keep detailed notes of your observations, including dates, times, specific incidents, names of staff involved, and any photos or videos (where legally permissible).
4. Seek Medical Attention: Ensure the resident receives a thorough medical examination to document injuries and address health concerns.
5. Contact an Experienced Arizona Nursing Home Abuse Attorney: An attorney can help you understand your legal rights, navigate the reporting and investigation process, and pursue a civil lawsuit for damages.

Statute of Limitations in Arizona

In Arizona, the statute of limitations for filing a personal injury or wrongful death lawsuit, including those related to nursing home abuse and neglect, is generally two years from the date the injury occurred or was discovered (A.R.S. § 12-542). It is critical to act promptly to preserve your legal rights.