Tragically, studies indicate that as many as five million elderly Americans experience abuse each year. If your loved one experienced abuse at the hands of a caregiver, you may want to know what compensation you can recover for egregious damages.
Damages in nursing home abuse cases typically include past and future medical expenses, a family member’s lost wages and out-of-pocket costs, and compensation for the family’s emotional anguish and the elderly abuse victim’s pain and suffering.
Under Arizona Revised Statute 46-455, the law 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, that has assumed a legal duty to provide care…”
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What Damages Can I Recover From Elder Abuse In Arizona?
Understanding Elder Abuse In Arizona
When an elderly person’s care needs begin to exceed their own abilities or their family’s capacity to provide at home, the elderly person and/or their loved ones put time and effort into choosing the best possible nursing home, at-home caregivers, or an assisted living facility, within their budget. Unfortunately, despite their promises and glossy brochures, nursing homes often have overwhelmed and inexperienced staff, high staff turnover rates, and unreasonable staff-to-resident ratios.
Elder abuse is typically categorized into the following types:
- Physical abuse, or hitting, punching, pushing, pinching, kicking, or otherwise physically assaulting an elder
- Neglect, or the failure to provide adequate nutrition, hydration, hygiene, medical care, and social activities
- Emotional abuse, or yelling, swearing, mocking, belittling, intimidating, or threatening
- Sexual abuse, or unwanted touching or penetration by a caregiver, staff member, fellow resident, or visitor
- Financial exploitation, or accessing an elder’s account to withdraw funds or make unauthorized transactions, or accessing an elder’s home, car, and personal belongings
About one in ten elders suffers abuse in nursing homes or at the hands of caregivers.
What Are the Signs of Nursing Home Abuse?
Some elders report their abuse to close family members or facility administrators, but others are unable to report abuse due to dementia, aphasia from strokes, or incapacity. Others don’t report mistreatment due to shame or to avoid burdening loved ones. Family members should look for signs such as the following:
- Signs of neglect, such as poor hygiene, weight loss, dry skin and lips, and unkempt room, clothing, and appearance
- Unexplained bruises, lacerations, fractures, or head injuries
- Broken personal belongings like glasses and dentures
- Bloody or torn clothing or bedding
- Untreated bedsores and infections
- Medication mistakes
- Bruising or bleeding around the private parts
- Unexplained financial transactions
If you suspect a loved one has suffered abuse at the hands of caregivers, it’s crucial to take action.
Proving Damages In a Nursing Home
If an elder displays signs of abuse or reports abuse, it’s important to immediately remove them from the situation to undergo a complete medical assessment from a trusted provider who isn’t associated with the nursing home or other facility. Then request a detailed medical report. If the abuse happened in a nursing home, report it to the administrator and request copies of the elder’s care records. Photographic and video evidence, physical evidence (e.g., broken items or torn clothing), and medical expert testimony all help establish the economic and non-economic damages suffered by the elder or their family.