How To File A Nursing Home Abuse Claim

If your friend or family member has suffered abuse while living in a care home you’ll want to ensure they get justice and that it doesn’t happen again.

Suffering abuse from the people charged with your care and protection can be especially challenging. That’s where an experienced nursing home abuse lawyer can step in and help ensure you get the support you need to seek justice for your loved one.

Choose the right attorney

Picking the right legal team to support your case is a crucial part of filing a successful nursing home abuse case.

You should look for an experienced team with a proven track record of winning cases of this type.

For more help choosing the right lawyer read our article: What should I look for when hiring a nursing home abuse attorney in Arizona?

Gathering evidence

If you suspect abuse or neglect then you’ll need to gather evidence to support your case.

This might involve taking photographs of any injuries, gathering documents or requesting access to medical records.

An experienced lawyer should be able to help you with this process, and give you guidance on what you need to do.

Care plans

One important document that could support your legal case is your loved one’s individual care plan. This should document the specific individual care your loved one needs, it should:

Have been drafted and shared with you within the first 2 weeks of your loved one’s arrival at the home
Detail the day to day care your loved one needs, including provisions to avoid high risk injuries that they are most susceptible to like falls or bedsores
Be reviewed on a regular basis

Your lawyer can help review your loved one’s care plan and explain how failure to follow a care plan can be linked to neglect.

To find out more about care plans read our article: How does my loved one’s care plan affect an Arizona nursing home abuse claim.

Who can you complain to?

There are several organizations that you can contact if you’re unhappy with your Arizona nursing home. These include:

Adult Protective Services
The Office of Long-Term Care Licensing, which is part of the Arizona Department of Health
The Certified Ombudsman

If you think your loved one is at immediate risk or it’s an emergency you should contact the authorities by calling 911.

To find out more, read our guide: What State Agency is Responsible for Nursing Homes In Arizona?

Who can file a nursing home complaint?

Anyone can make a complaint about a nursing home, but only specific people can file a legal case.

For example, in Wrongful death cases Arizona statutes 12-611 – 12-613 only permit the following individuals to file a case:

Spouse
Child
A legal or personal representative
Parents
Guardian
Estate

If your loved one is still alive, they may need to file the case themselves. If you’re unsure if you’re able to proceed with a legal case, you can speak with a member of the Thompson Law legal team who will explain your options.

Guides to filing a nursing home abuse claim

Written by a team of legal experts, these nursing home abuse articles are designed to give you all the information you need, whether you choose to pursue legal action or not.

How can nursing homes afford to pay claims?

In nearly all cases the nursing home itself won’t have to pay the damages to the abuse victim because most have insurance in place.

The vast majority of Arizona nursing homes have liability insurance to cover the cost of compensation if they have an abuse of neglect claim filed against them

To find out more, you can read our article: how much liability insurance do nursing homes carry.

How does your nursing home rate?

You can use our Nursing Home rating tool to check how the nursing homes in Arizona compare.

Filing a nursing home claim FAQs

How long will it take?

This depends on how complicated the case is and whether the nursing home agrees to settle during arbitration or if the case proceeds to court.

Most nursing home abuse cases typically take between 18-24 months from start to finish.

How much will the settlement be?

This will vary based on a wide range of factors, including the type of case you bring, the medical costs incurred as a result of the abuse, and the pain and suffering endured by the plaintiff.

You can see how much some recent cases settled for and the other factors by reading our article: Case Values of Nursing Home Abuse Claims in Arizona .

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