Peoria Nursing Home Abuse Lawyer

Nursing home abuse is a serious and alarming issue affecting vulnerable elderly individuals in care facilities. When nursing home residents suffer physical, emotional, or financial abuse, it can have devastating consequences for their health and well-being.

For a family member, discovering that a loved one has been mistreated is heartbreaking, leaving them feeling betrayed and desperate for justice. Seeking help from an experienced Peoria nursing home abuse lawyer is essential to protect the rights of the victims and hold responsible parties accountable. 

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our focus is on securing justice and fair compensation for victims of nursing home abuse. Our skilled legal team has a solid track record of managing these sensitive cases and obtaining substantial settlements and verdicts.

We thoroughly investigate each case to ensure you recover compensation and the liable parties are held responsible. With our extensive knowledge of nursing home abuse claims, we handle the legal challenges effectively and work relentlessly to safeguard your rights.

Types of Cases Handled by Our Peoria Nursing Home Abuse Attorneys 

Nursing home abuse refers to any form of harm or mistreatment inflicted upon elderly residents in assisted living facilities. Our Peoria nursing home abuse lawyers handle a wide range of cases to protect the rights of nursing home occupants and seek justice for the harm they have endured.

Physical Abuse 

The use of force that causes bodily harm or injury to a nursing home resident. This can include actions such as hitting, pushing, or restraining residents inappropriately. For example, if a staff member handles a resident roughly during daily care activities, resulting in bruises or broken bones, it constitutes physical abuse.

Emotional Abuse

When a resident is subjected to verbal assaults, threats, or other forms of mental distress, this type of abuse can be just as harmful as physical abuse, leading to depression, anxiety, and other serious emotional issues. For instance, if a staff member humiliates a resident or isolates them from social activities, it can cause lasting psychological damage.

Sexual Abuse

Any non-consensual sexual contact with a resident—from inappropriate touching to sexual assault— is one of the most egregious forms of elder abuse. Victims of sexual abuse often suffer in silence due to fear or shame. 

Medical Malpractice 

When a healthcare provider within the facility fails to provide the standard of care expected, this can result in injury or harm to the resident. This can include misdiagnosis, medication errors, or improper treatment plans. For instance, administering the wrong medication dosage can lead to severe health complications.

Nursing Home Negligence 

When nursing home staff fails to provide the necessary care and attention that residents require—such as adequate food, water, medical care, or assistance with personal hygiene—it can lead to harm. For example, a resident who is left unattended for long periods may develop bedsores or suffer from malnutrition. 

Financial Abuse 

The improper or illegal use of a nursing home resident’s financial resources for their own benefit. This can include stealing money, coercing the resident into changing their will, or unauthorized access to their bank accounts. A common example is a staff member manipulating a resident to gain control of their finances.

Wrongful Death

When a nursing home resident dies as a result of nursing home neglect, abuse, or medical malpractice, this is the most tragic outcome of nursing home abuse cases, leaving family members devastated and searching for answers. 

Whether due to untreated bedsores, severe malnutrition, or failure to provide necessary medical care, wrongful death cases demand justice for the unnecessary loss of life.

Understanding Your Legal Rights

The Nursing Home Reform Act of 1987 is a key piece of federal legislation that establishes a comprehensive set of rights for nursing home residents across the United States. This Act mandates that nursing homes receiving federal funds, such as through Medicare or Medicaid, must provide services that maintain or improve the physical and mental health of residents. 

Key protections under the Nursing Home Reform Act include the resident’s basic:

• Right to be free from abuse and neglect
• Right to privacy and dignity
• Right to participate in their care
• Right to file complaints

In addition to federal laws, Arizona has its own set of regulations governing the operation of nursing home facilities. These state-specific laws are there to protect residents and set standards for the care they receive. 

Liability in Nursing Home Abuse and Neglect Cases 

Nursing home abuse and neglect is a complex issue, and multiple parties can be held liable for the harm inflicted on residents. Liability extends beyond the individual perpetrator, encompassing various entities responsible for ensuring the safety and well-being of residents. Identifying all responsible parties is crucial to securing full compensation for the victims.

• Nursing Homes: The nursing itself can be held liable for inadequate training and supervision or if it fails to provide a safe environment.
• Nursing Home Staff: Individual staff members who directly perpetrate elder abuse are personally liable for their actions.
• Nursing Home Administration: Nursing home administrators may be held liable if they fail to implement policies that prevent abuse or neglect.
• Medical Professionals: Doctors, nurses, and other medical professionals working within the nursing home can also be liable for malpractice if they provide substandard care that results in harm.
• Third-Party Contractors: Sometimes, nursing homes outsource certain services, such as physical therapy or cleaning, to third-party contractors. If an employee of one of these contractors abuses or neglects a resident, the contractor may be held liable for the resulting harm.
• Corporate Owners: In cases where a nursing home is part of a larger corporate chain, the parent company can be held liable for systemic issues, such as chronic understaffing or cost-cutting measures that lead to inadequate care.

How Our Peoria Nursing Home Abuse Attorneys Can Help

Nursing Home Law Center has successfully handled countless cases, securing justice and compensation for those who have suffered due to nursing home negligence and abuse. 

Our deep understanding of the complexities involved in a nursing home abuse case allows us to offer a comprehensive range of services to our clients, ensuring their rights are fully protected every step of the way.

• We begin by offering a free case evaluation to assess the details of your situation. This initial consultation allows us to understand the specifics of the abuse or neglect your loved one has experienced and to determine the best course of action. 
• Our legal team conducts thorough investigations and documenting evidence needed to support your claim. This includes reviewing medical records, interviewing witnesses, and consulting with experts to build a strong case and ensure that all aspects of elder abuse, including physical injuries, emotional distress, and financial exploitation, are fully documented.
• Once we have gathered sufficient evidence, we proceed with filing the legal claim on behalf of the nursing home resident or their family. We prepare all necessary legal documents and ensure that the claim is filed within the appropriate time limits. 
• Many nursing facility abuse and neglect cases are resolved through settlement negotiations. A nursing home abuse attorney from our team will engage in settlement discussions with the nursing home’s legal representatives, striving to reach a settlement that fully addresses your loved one’s injuries.
• If a fair settlement cannot be reached, our law firm is fully prepared to take the case to trial. With our extensive courtroom experience, we will present a powerful case to the jury to help you recover compensation. 

Common Signs of Nursing Home Abuse

In Peoria, there are 59 Medicare-approved nursing homes. 14 of them (24%) have received an overall rating of below or much below average. When it comes to health inspections, 18 nursing homes (31%) rated poorly, and 24 of long-term care facilities (41%) fell short on staffing. Only 1 facility (2%) received a low rating in quality measures. [1]

Recognizing the signs of nursing home abuse is crucial for protecting your loved ones. While some indicators may be subtle, others are more apparent and can signal serious harm. 

• Unexplained bruises, cuts, fractures, or burns can be a sign of physical harm. 
• If your loved one becomes unusually withdrawn, anxious, or fearful, especially around certain staff members, it could be a sign that they are being verbally or emotionally mistreated. 
• Poor personal hygiene, or if your loved one appears unwashed, has dirty clothing, or suffers from untreated bedsores, could be a sign that the staff is failing to provide adequate care. 
• Sudden weight loss or signs of malnutrition can indicate nursing home neglect. If your loved one appears gaunt or weak and there is no medical reason for such changes, it might suggest they are not being properly fed or are being deprived of food.
• Unusual activity in your loved one’s bank accounts, such as large or frequent withdrawals that they cannot explain, could indicate that someone is exploiting them financially. Additionally, sudden changes to a will or power of attorney in favor of a staff member or third party may be a sign of coercion.
• Common signs of emotional abuse can include frequent crying, fearfulness, or a sudden reluctance to speak openly. 
• If your loved one is bedridden or has limited mobility, the development of pressure ulcers (bedsores) can be a sign of nursing home neglect. These painful sores occur when a resident is not repositioned regularly or is left in one position for too long. 
• If your loved one is being kept away from other residents or family visits are discouraged, it may be a sign that they are being isolated as a form of abuse.

What to Do If You Suspect Abuse and Neglect in a Nursing Home 

If you suspect nursing home negligence or abuse, taking immediate and appropriate action is crucial to protect your loved one. Here are the steps you should follow:

• If you believe your loved one is in immediate danger, call 911 to ensure their safety and emergency medical attention if needed.
• Notify the nursing home’s administration or management about your concerns. They are obligated to investigate and address any reports of abuse.
• The Ombudsman serves as an advocate for nursing home inhabitants and investigates complaints related to abuse, neglect, or violations of residents’ rights. Filing a complaint with your local Ombudsman can prompt an independent investigation.
• Consult a skilled attorney to discuss your legal options. They can help you file a claim, and ensure the liable parties are held responsible.

Damages You Can Recover Through a Nursing Home Abuse Claim

When filing a nursing home abuse claim, victims and their family members may be entitled to recover various types of damages.

• Economic damages include tangible losses such as medical expenses related to the abuse and neglect, rehabilitation costs, and any financial losses related to the abuse, like stolen money or property.
• Non-economic damages cover intangible harm, including pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive damages may also be awarded to punish the nursing home for particularly egregious misconduct and to deter further harm. 

You Have Limited Time to Take Legal Action in Peoria, AZ 

In Peoria, Arizona, there is a limited timeframe to seek legal recourse and file a nursing home abuse claim due to the statute of limitations. Typically, you have two years from the date of the abuse or neglect to take legal action. 

Failing to file within this period may result in losing your right to seek compensation. It’s crucial to act quickly to preserve evidence and build a strong case. 

Contact a Peoria Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced legal team is dedicated to fighting for the rights of nursing home abuse victims. With a proven track record of successful cases and a deep commitment to seeking justice, our law firm offers compassionate and effective legal representation. If you suspect that your loved one has suffered abuse or neglect in a nursing home, don’t wait—contact us today for a free consultation.

Call us at (800) 926-7565, or fill out our contact form

References: [1] Medicare