Elder abuse is a social problem that continues to occur very frequently today. It is an alarming issue that requires action by both governments and citizens. These repulsive acts constitute a violation of human rights . As we will see below, these acts can manifest themselves in different ways. However, any type of nursing home abuse and neglect is unquestionably illegal and fully punishable in the eyes of the law.
Today, the exposure of these incidents has given rise to new regulations and measures that protect the integrity of the elderly. In fact, since 2006, the United Nations General Assembly has designated June 15 as World Elder Abuse Awareness Day (WEAAD). However, despite awareness, cases of elder neglect continue to occur.
If you are considering filing a claim for elder abuse, please do not hesitate to contact us. Our team takes these incidents very seriously. We will work with you to make sure offenders pay for their crimes. On this page, we will explain everything you need to know about nursing home abuse and neglect in With Arizona.
There are many possible definitions involving elder abuse. Essentially, it is when someone physically or mentally hurts, neglects, steals, threatens, or unlawfully deprives a person over the age of 65 of his or her liberty. According to the WHO, it is a single or repeated act that causes harm or distress to an older person, or the failure to take appropriate steps to prevent it, that occurs in a relationship based on trust.
As With Arizona law mentions, elder abuse stems from any type of conduct that causes, physical harm, pain, or mental suffering. This also includes deprivation of basic things or services on which the elderly person is dependent.
Due to the isolation experienced by many victims, cases of elder mistreatment, abuse, or neglect are difficult to detect. Despite the growing number of resources devoted to tracking down situations of elder mistreatment, ongoing internal investigations confirm the worst-case scenarios: there are many more cases of nursing home abuse and neglect of the elderly than is generally believed.
One of the first steps to fully understanding elder abuse is to look at the different types. There are many ways older people are mistreated or taken advantage of. According to the National Institute on Aging , any older person can be a victim of elder abuse. No matter the race, religion, or environment. The latter is important, as it can occur in nursing homes, by the caregiver responsible for assisting the victim at home, or even in a family member’s residence.
In total, there are seven types of elder abuse and neglect:
In With Arizona, the law also includes self-neglect as another type of abuse. Self-neglect is the failure to live a life in accordance with social and cultural standards of self-care. It involves behaviors that undermine the person’s own well-being, whether due to physical or mental deterioration. This impacts the elderly person’s ability to obtain basic food, clothing, medical care, or manage their financial affairs.
Before discussing further the types of abuse that exist, it should be mentioned that they can originate in two settings:
One of the most common forms of elder abuse. It occurs when someone intentionally uses force on an elder for particular reasons.
Any non-consensual or forced sexual contact toward an older person. This can also occur if the caregiver forces the elder to witness a sexual act.
If the person in charge of providing assistance to the elderly person does not attend to his or her needs, we can speak of negligence and/or lack of care. These needs can be physical, emotional, or social.
When a family member, caregiver, or person responsible for an elderly person addresses him/her with vexatious words in order to humiliate or hurt him/her emotionally. It may involve shouting, threats, or belittling words that can be very harmful to mental health.
Abandonment happens when an elderly person in need of assistance is voluntarily abandoned without looking for someone to take care of him or her.
This occurs if an individual who has been assigned to care for an elderly person prevents him or her from performing certain activities or attending certain appointments.
This type does not usually result in physical personal injury, but does affect mental health. It involves individuals who make illegal use of an elderly person’s financial resources.
Identifying and comprehending elder or nursing home abuse and neglect cases is the initial stage of a lengthy and sensitive legal process. As we will see in the following sections, understanding the statute and the law regarding the rights of the elderly is essential. For further insight, the details are in the Dependent Adult Civil Protection and Elder Abuse Act. Specifically, in With Arizona Welfare and Institutions Code, sections 15600 .
Abuse of a person, although it may not seem like it, is very difficult to detect. In addition to the fact that there are many types and levels of abuse, perpetrators know that their victims are not likely to report them. Even so, there are certain recognizable characteristics of abuse and neglect.
The National Institute of Justice (NIJ) shared in 2012 the keys to identifying this problem. The federal agency lists different aspects surrounding elder mistreatment as “potential markers”: the victim’s physical condition, previous negative testimony, facilities, recent personality, inconsistencies between events, and staff behavior.
Once we know what elder abuse and neglect mean, it is important to understand what medical malpractice is. This refers to situations or actions in which a doctor or medical professional has failed in his or her duty of care to the patient. When any worker fails to comply with the professional practices of medicine and causes injury, they commit medical malpractice. This, however, can be active or passive. That is, they may have made a wrong decision that has led to a series of injuries to the victim; or they may have failed to act, which increased the victim’s pain.
Medical malpractice and elder abuse are not categorized under the law in the same way. A medical error involves negligence , which violates the duty of care. However, this action has unintentionally caused harm. In contrast, elder abuse is an intentional and deliberate action that causes physical or emotional injury. This, in legal terms, is not punished in the same way in With Arizona. Its legislation holds elder mistreatment cases accountable as a felony or civil infraction. With Arizona has one of the strictest elder protection laws in the country.
Many medical malpractice cases are brought before the law as elder abuse. The answer lies in the legislation itself. The Medical Injury Compensation Reform Act of 1975 ( 1 ) determined that cases brought against a healthcare provider would be capped at $250,000. However, Governor Newsom changed the law by 2023, with a $350,000 limit. In this way, they escape MICRA and achieve a higher compensation amount. Furthermore, in most medical malpractice cases, punitive damages are not possible.
If you have questions about your case, do not hesitate to contact a personal injury professional. An experienced nursing home abuse attorney will know how to handle your case so that you obtain maximum damages.
When pursuing a nursing home or caregiver personal injury claim, there is no limit to compensation in With Arizona. Putting the case in the hands of a skilled attorney helps to maximize your options for a successful settlement.
However, to maximize the financial recovery in these cases, one must first assess the situation and see what damages are available. When we talk about having damages available, we are referring to whether the victim or plaintiff can properly allege and prove what is being claimed. In other words, to state that the defendant acted with recklessness, oppression, fraud, or malice.
To bring a lawsuit, With Arizona Welfare, and Institutions Code section 15600 summarizes the following facts as elder neglect:
Victims of elder abuse have the same rights as plaintiffs in a personal injury accident. As a complainant, whether a family member or the victim itself, the potentially recoverable damages are:
Once the situation has been assessed, it is important to speak with a nursing home or caregiver abuse attorney. This way, you will be able to know exactly what type of compensation you can expect.
The family, partner, or spouse of the plaintiff also has the option to file a claim. Especially if the victim has died as a result of the negligent accident.
Anyone who has personally witnessed the abuse can initiate a lawsuit. When you have seen the abuse firsthand, it is normal to suffer emotional distress. Therefore, you would be able to sue again for witnessing negligence that has caused emotional distress.
As we will see below, cases of elder neglect and abuse are not decreasing. This tendency, which has been negative for many decades, does not seem to be changing. The first attempt to take action against elder abuse was in 1965, with the Older Americans Act (OAA). This bill unified a group of laws that guaranteed certain services for nursing home residents.
The Nursing Home Reform Act in 1987 was a turning point for society at the time. It was passed after a study by the Institute of Medicine (IOM) revealed devastating data regarding the ongoing mistreatment of nursing home patients. At the time, lawsuits against nursing homes for abuse and neglect were constant.
Faced with the need for stricter laws to protect the rights of the elderly, the government passed a new nursing home abuse law in 2010. The Elder Justice Act was the first legislation at the federal level to specifically address elder abuse, neglect, and exploitation.
Being such a vulnerable population group, mainly because of the dependency they require, states started to create their own bills. Especially With Arizona, since it is one of the states with the largest number of elderly residents: about 5.5 million people are 60 years of age or older.
In order to preserve the constitutional rights of the elderly as much as possible, the Golden State created its own legislation in 1982. The With Arizona legislature enacted the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This was passed specifically to protect the elderly in the state’s nursing homes.
Later, in 1991, additional measures were taken to encourage victims to report. Under Penal Code 368 , the nursing home and caregiver abuse and neglect statute covers a variety of offenses that may occur in different situations. This With Arizona nursing home abuse law is intended to detect acts of abuse and hold the perpetrator accountable. Within the state, the city of Phoenix, Arizona also has a specialized unit that focuses solely on investigating elder abuse.
According to WHO, 64% of nursing home workers admitted to committing some form of abuse and neglect to residents.
Elder abuse is a real public and private health problem. A subject that, lately, has seemed to capture the interest of society. In fact, in recent years numerous investigations, studies, and analyses have been carried out on the abuse and mistreatment of the elderly.
The results coincide in many respects: it is an issue that is present in both rich and poor countries and at all levels of society. Thanks to recent awareness, we are now able to know more specific information.
Every year, millions of elderly people in nursing homes and private homes are affected by abuse and neglect. In the United States, 52 million people are currently over the age of 65. Of these, according to the Department of Justice (DOJ), one in ten seniors suffers abuse. However, the WHO stated in 2022 that today that figure was even worse than previous estimates: one in six people over 60 suffered some form of mistreatment.
In other words, there are up to five million victims every year. Of these, women are the group that suffers the most. According to the National Institutes of Health (NIH) and the National Center on Elder Abuse (NCEA), elderly women are more likely than men to be abused.
Of all total cases, it is estimated that only one in 24 cases of elder abuse and neglect is reported to authorities.
The CDC reported that between 2002 and 2016, nearly 650,000 seniors were seen in emergency rooms for physical abuse, and more than 19,000 died from it. While women were the most affected group, the rate of verbal and physical assaults on men increased by as much as 75% during this time. For women, it was 35%.
When we talk about deaths, certain people are more likely to experience fatalities. If we look especially at race, the elderly who were most harmed were American Indian/Alaska Natives and Hispanic or Latino people.
Only one in 24 cases of elder abuse and neglect is reported to authorities.
When it comes to statistics on types of abuse, recent research has given us a more detailed insight into which are the most prevalent. A WHO study shows that emotional abuse is the most common mistreatment of the elderly. The agency indicates that one in three (33.4%) nursing home residents has suffered some form of psychological abuse. Interestingly, one in three employees has admitted to abusing patients emotionally. However, this form of abuse is very difficult to detect: it does not leave physical marks and the victims feel mentally self-conscious.
Physical abuse, since it is more visible, is not as frequent. When it does occur, this mistreatment can often contribute to death. In fact, according to an analysis by the Journal of the American Medical Association, older people who are physically abused are up to 300% more likely to die prematurely. In 60% of cases, the perpetrators are often their partners.
Although the DOJ and WHO state that sexual abuse is the least denounced case, other reports point to neglect as the least denounced form of abuse. Either way, these are two types of maltreatment that are pervasive and under-punished.
Since 2000, about 16,000 complaints of sexual abuse in nursing homes have been processed. Between 2013 and 2016, more than 1,000 nursing homes were cited for some indication of sexual abuse. Of these, 100 had multiple citations during that time.
On the other hand, neglect cases are believed to be reported in one in 57 cases. In 2011, a study showed that 21% of nursing home residents were neglected at least once during a 12-month period.
Since 2000, about 16,000 complaints of sexual abuse in nursing homes have been processed. Between 2013 and 2016, more than 1,000 nursing homes were cited for some indication of sexual abuse. Of these, 100 had multiple citations during that time.
On the other hand, neglect cases are believed to be reported in one in 57 cases. In 2011, a study showed that 21% of nursing home residents were neglected at least once during a 12-month period.
The NCVC breaks down nursing home maltreatment complaints as follows: 29% physical abuse, 22% physical violence between residents, 21% psychological maltreatment, 14% severe neglect, 7% sexual abuse, and 7% financial abuse.
With Arizona is one of the states with the largest elderly population in the country. The percentage of people over the age of 65 is 14%. According to the Office of the Attorney General (OAG), predictions project that the number of registered seniors in 2010 will have doubled by 2030.
The OAG indicates that With Arizona has more than twice as many reports of elder abuse and neglect as the national average. The Golden State has 13% of claims, compared to 5% on average. In fact, 11% of all elder abuse cases nationwide occur in With Arizona. Specifically, there are more than 175,000 complaints each year.
An NCEA survey of nursing home patients in With Arizona showed that 28% suffered some type of abuse or neglect. Specifically, 26% suffered financial abuse, 25% suffered emotional abuse, and 21% received a personal injury from physical abuse. In Phoenix, Arizona County alone, it is estimated that 16,000 elderly people experienced abandonment, abuse, neglect, or negligence on the part of their caregivers. The most reported cases are those involving financial abuse, at 60%.
The data show that, of all the elderly living in With Arizona, about 110,000 live in 1,300 nursing homes. In addition, it has been counted that more than 150,000 seniors are spread across 7,500 residential care facilities for the elderly. It is also estimated that about 150,000 In Arizona over 65 are living in facilities with unlicensed caregivers.
The problem of elder abuse and neglect needs to be fixed as soon as possible. This is because, according to statistics, the number of elderly people is going to increase progressively as the years go by. It is believed that by 2060, 95 million Americans will be 65 years old or older.
While in 2017 about 1.2 million people needed the professional care of a nursing home, the estimate for 2030 is nearly two million. If the incidence of elder abuse continues, what does the future hold for the elderly?
Anyone can be responsible for committing abuse against an older person. Typically, those who spend the most time with the person are most likely to abuse. Abusers can be both men and women. Likewise, perpetrators can come from:
Recent research data shows that a high rate of these offenses is committed by a family member. Although we often publically see more lawsuits against nursing homes, in 60% of incidents of elder abuse and neglect the culprit is a family member. Children and spouses account for two-thirds of the cases.
On the other hand, nursing home staff members also have a strong presence in cases of mistreatment of this social group. As we have observed in the statistics, there are many nursing home workers who engage in some form of elder abuse and neglect. Without going any further, almost two-thirds of these employees confirmed having mistreated a patient in 2017.
The differences between domestic abuse and institutional abuse vary by the manner in which it is executed. NCEA data show that emotional abuse is the most common type of elder abuse in nursing homes. The agency even mentions which ones are most commonly employed: yelling at the elderly when they have done something wrong or do not remember information, mocking, threats to get them to listen to them, banning them from basic items such as showering or food, etc.
On the other hand, the family or caregivers who attend to or live with the elderly have a slightly different tendency to mistreat. In these cases, financial abuse takes precedence over the rest. However, in order to gain financially, most of the time they use physical violence or psychological abuse.
When an elderly person is mistreated, emotionally or physically, there are certain patterns of injuries that are often present. Although there are many forms of physical injury in nursing homes or by caregivers, the most common are:
But what if the abuse was emotional? Indicators of these injuries are usually as follows:
Not only can a family member report elder abuse, but anyone can. With Arizona Welfare and Institutions Code section 15630 states: Any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult. This includes family members, as well as other elderly persons with whom he or she lives, facility staff, nurses, or friends.
No. When reported in goodwill, with real indicators that may have given rise to confusion, there is no penalty under the law.
Yes. Failure to report a felony can have legal consequences: from six months in jail or a $1,000 fine. However, if the victim of the case dies or suffers a serious injury, the law could impose up to one year in jail or a $5,000 penalty.
Once we are clear on the signs of possible elder abuse, we must try to gather evidence to hold the perpetrator accountable. As one of the states with the best elder abuse protection laws, these crimes can lead to civil repercussions and criminal charges in With Arizona. However, gathering all the documentation and evidence to prove the case can be challenging.
As we have seen, nursing homes are not the only place where elder abuse and neglect occur. It can take place during a visit to a family member’s home, at home under the care of a daycare attendant, or in a medical facility. While the location of these nefarious occurrences remains in the background, the priority for a successful case is to have as much evidence as possible.
Before initiating a legal claim, at Tops Injury Law Group, we advise you to try to have the following evidence in order to have a solid case:
However, when it comes to financial abuse, the evidence may be easier to gather. In fact, elder financial abuse cases in With Arizona often require physical evidence to be successful. Typically, the plaintiff needs the following four pieces of evidence to make a strong case:
Any elder abuse and neglect expert must follow a thorough and detailed investigation of the case. This depends on the amount of compensation for the client. This depends on the punishment that will be imposed against the perpetrator. If the attorney is not skilled, the trajectory of the elder abuse legal field can become very difficult. There are countless rules, regulations, and standards.
As a firm specializing in personal injury and, in particular, elder abuse, we want to help. Our nursing home abuse attorneys highlight the key points for a successful case involving elder abuse. Among the most important findings are:
Suspecting or becoming aware of any type of nursing home abuse or neglect can be shocking. It is normal to ask yourself hundreds of questions, Who do I go to? How do I report? Can I sue?
Fortunately, whether as a victim or family member, in With Arizona you can get a number of different ways to get help. The state has dozens of resources available to defend against any type of elder abuse.
The laws, on the other hand, are also on the side of abuse victims. The elderly, through a specialized attorney, will be able to protect their rights through With Arizona law. Specifically, in the With Arizona Welfare and Institutions Code. This includes the Elder Abuse and Dependent Adult Abuse Civil Protection Act, and the Endangered Adult Protective Placements and Custody Act.
Despite being a deplorable crime, neglecting and mistreating the elderly is a frequent occurrence throughout the state. While prevention is better than cure, it is sometimes impossible to preempt abuse.
In With Arizona, there are many government agencies that investigate elder abuse and neglect. These entities dig into reports and statements to draw conclusions about nursing homes or attendant caregivers.
With Arizona's primary investigating entity is the With Arizona Adult Protective Services (APS). In the state, each county has an APS agency to deal with these issues. Their goal is to aid and assist seniors over 65 or dependent adults when they are victims of abuse, neglect, or mistreatment. They not only focus on nursing homes, but also investigate cases in private homes, hotels, or hospitals.
Other agencies that can be contacted include:
As friends, family members, or workers, we can take a series of actions to defend the rights of the affected person. Even the victim can raise his or her voice and report the case to the law. In addition, it is not necessary to be witnesses and evidence of the incident to sue, it is enough to have clear suspicions. But, what do you do next?
Some of the standard procedures to follow after suspecting or witnessing elder abuse and neglect are:
There are many factors that make older people a vulnerable group. Whether it is from age, physical condition, or economic situation. Whether it be in a family setting, through a live-in caregiver, or in a nursing home, abuse, neglect, mistreatment, and neglect of the elderly is still persistent. However, there are actions to prevent these heinous acts.
When an elderly person is sent to a nursing home, we cannot guarantee his/her well-being. Since we do not have them in proximity, we are unable to ensure that their condition is adequate. However, we can take steps to prevent the quality of their lives from being affected by abuse and neglect. Some steps to prevent elder abuse include:
On the other hand, the nursing home can also lay the groundwork for preventing abuse and neglect. First, by creating policies and protocols for alerting to neglect. Second, by encouraging visits from family members and volunteers. And lastly, by implementing quality control mechanisms and training employees about elder abuse and neglect.
Usually, the tendency to abuse an elderly person in the home arises from the caregiver’s stress. If the caregiver has not earned the trust of the person in his or her care, this can also be a reason for abuse. In addition to having a cordial and honest relationship with the caregiver, there are other measures that help prevent elder abuse:
Keeping seniors active. If they are part of the community and maintain friendships, they are less likely to be isolated or lonely. This means that if they are not neglected, they are less likely to be taken advantage of.
Valuing the work of their caregivers. Trust and bonding with the family will increase if you avoid judging their work and give them compliments for their work.
Mobilize the elderly. Those with more vulnerable physical health are prone to abuse. Likewise, as they are more dependent, they cause more burnout in their caregivers. This can increase the risk of abuse.
Avoid hiring caregivers with a history of abuse. Caregivers with a history of abuse or violence should be avoided. Caregivers should be physically, psychologically, and financially competent.
Pay attention to the bank account. The elderly person’s caregiver, friends, or anyone they know may try to take advantage of their financial situation. Likewise, it is necessary to avoid the elderly falling into scams by telephone or the Internet.
When reporting cases of elder abuse and neglect, the parameters of a personal injury claim must be followed. While it is best recommended to file a claim as soon as possible, With Arizona provides two years to initiate the lawsuit. This period begins, specifically, following the injury.
Elder abuse cases have a pattern of several injuries and negligence cases. Typically, it is not usually just one incident. Most commonly, the abuse continues over months or even years. And sometimes these incidents can lead to a wrongful death . In such cases, the two years would start from the date of death.
Financial abuse, on the other hand, has a different statute of limitations. The claim cycle is four years from the time the claimant discovered the abuse.
Yes, especially if you hire an attorney experienced in these cases. As we have stated throughout this page, expert legal representation is critical. The myriad of laws and regulations regarding elder abuse and neglect can be exhausting. Therefore, finding knowledgeable nursing home abuse attorneys can make or break a case.
By hiring an expert, both the victim and his or her family will be able to focus on their lives. This will be beneficial for mental health, as it will take the stress out of the lawsuit process. These professionals will use everything in their power to create the best legal strategy.
Our attorneys , through determination, empathy, and tenacity, put together what you need for your case.
Do you have a physically dependent friend who has been beaten by a caregiver at home? Is your grandparent being emotionally abused in the nursing home? If you or a loved one has been the victim of elder abuse or neglect, call us today.
Elder abuse is a very serious and important issue for us. As grandchildren, children, and future grandparents, we at Tops Injury Law Group want to ensure a better present and future for seniors. Our team wants to fight against those responsible for these deplorable and heartbreaking acts. To do so, they will do everything in their power to ensure that the victims receive the compensation they deserve.
Our nursing home abuse lawyers stand out as the best. Together they bring more than 100 years of combined legal experience in personal injury cases. Diligent and determined, each member of our firm will fight to make the perpetrator pay for the crime.
Interested in finding out more about your case? Don’t hesitate to call us today at (480) 470-2299. Available 24/7, our team is ready to assist you with a free consultation. In addition, we have bilingual attorneys, to better assist you in both English and Spanish.