Discovering that a parent with dementia has been abused in a nursing home or assisted living facility is devastating—and many families immediately ask whether they still have legal options if their loved one cannot clearly explain what happened. The short answer is yes. In Arizona, elder abuse laws protect vulnerable adults even when they are unable to testify due to cognitive impairment, and a Phoenix elder abuse lawyer can pursue accountability on their behalf.
Arizona 46-455, states the following:
“A 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…”
The right to file a personal injury claim for elder abuse doesn’t exclude vulnerable adults who cannot testify. Instead, in these cases, a successful claim relies on medical evidence and eyewitness testimony.
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Can I Sue for Elder Abuse If My Parent Has Dementia?
What Types of Abuse Occur to Those With Dementia?
Our cherished elderly parents deserve thorough, compassionate care that respects their human dignity. Tragically, the World Health Organization (WHO) reports that one in six elders suffered some type of abuse in the past year alone. Although elder abuse also occurs in homes, nursing home residents are far more likely to experience abuse.
Abuse commonly takes one of the following five types:
- Neglect, or the failure to meet an elder’s basic care needs. This could include inadequate necessities, such as hydration, nutrition, medical care, hygiene, or social stimulation
- Physical abuse, or hitting, kicking, pinching, shoving, or otherwise assaulting an elder
- Emotional abuse, or yelling, swearing, belittling, mocking, berating, threatening, or intimidating an elder
- Sexual abuse, or any unwanted touching or penetration of an elder’s private areas
- Financial abuse, or making unwanted transactions in an elder’s financial accounts, stealing their personal belongings, or unlawfully accessing their home and car
Unfortunately, studies indicate that elders with dementia may be at an increased risk of abuse due to their inability to clearly report it. About 47% of people with dementia suffer some form of abuse by their caregivers.
Evidence In Abuse Cases Involving Dementia Patients
A person with dementia may not be able to report their abuse. Instead, family members must remain alert to signs of abuse, such as unexplained injuries, weight loss, poor hygiene, broken personal items, bloodied clothing, untreated bedsores, or behavioral changes.
When a person with dementia suffers abuse, the evidence in a claim or lawsuit against the responsible party could include the following:
- Photo or video evidence
- Medical reports
- Nursing home care charts and floor nurse notes
- Eyewitness testimony
- Medical expert testimony
An experienced Phoenix nursing home abuse attorney investigates all aspects of the abuse and compiles evidence against the at-fault caregiver or facility. Then, they present their evidence to the facility’s liability insurance provider and negotiate to recover the maximum compensation available for damages. Sometimes, the insurer fails to offer an acceptable settlement. In these cases, recovering compensation requires taking the case to court for a judge and jury to decide.
What Damages are Recoverable in an Elder Abuse Case?
No legal process can erase the harm caused by abuse against a vulnerable elder, but compensation through an elder abuse or nursing home abuse claim achieves a sense of justice through financial accountability. Common damages recovered include medical expenses, future medical expenses, the family’s lost earnings and out-of-pocket costs, and compensation for intangible damages like the elder’s pain and suffering and the family’s emotional anguish. If the abuse caused an elderly parent’s death, you could recover compensation and give your loved one back a voice for justice through a wrongful death case.