What You Need to Know About Nursing Home Abuse

Nursing home abuse is not just a crime but it’s also a betrayal of trust. If you suspect a member of your family, or a loved one has suffered abuse at their nursing home we’re here to help you take action.

Here is what you need to know about nursing home abuse in Arizona and what legal steps you can take to stop it.

How does abuse happen?

Nursing home abuse can happen in a wide variety of ways, and for numerous different reasons.

These can range from unconscious neglect caused by understaffing through to targeted physical violence from another nursing home resident.

Since abuse and neglect can happen for such a wide range of reasons, it’s important to understand the most common signs of abuse and be alert to them when you visit your loved one.

How common is abuse in nursing homes

Unfortunately it’s perhaps more common than many of us think.

The latest report from Arizona Adult Protective Services shows that the number of Abuse reports is rising steadily in Arizona and that in 2018 over 16,000 allegations of abuse or neglect were made.

The true number is likely to be much higher, as it’s estimated that  only 1 in 34 cases of abuse are ever reported to the authorities.

Types of abuse

At Thompson Law we represent the victims of a wide range of different types of abuse, including:

• Bedrail entrapment
• Nursing home falls
• Hip fractures
• Bedsores
• Sexual abuse

If you suspect your loved one has suffered any of the types of abuse listed here, or any other abuse, you can speak to a member of our experienced legal team.

Types of neglect

Nursing homes have a duty of care for all of their residents, so if you suspect your loved one is being neglected and not receiving proper care you can take action.

Like abuse, neglect can take various forms, some of the most common types of neglect include:

• Physical neglect: for example not being washed regularly
• Emotional neglect: for example being denied visitors

Neglect can lead to very serious consequences and other medical conditions if allowed to continue.

You can read our Nursing Home Neglect FAQs for answers to some of the most commonly asked questions on nursing home neglect, or speak to a member of the team if you’re worried about the care of your loved one.

How does the law protect nursing home residents?

There are several federal and Arizona state laws that are designed to help protect nursing home residents from abuse and neglect.

Federal laws

The basis of most federal regulation of nursing homes across the US comes from the 1987 Nursing Home Reform Act (NHRA).

The NHRA sets out minimum standards of care in several areas, including:

• Nursing
• Rehabilitation
• Dietary support
• Pharmacy
• Social care
• Resident Care plans
• Ongoing resident assessments

The NHRA isn’t the only federal legislation that protects nursing home residents rights, other key laws include:

• 1980 Civil Rights of Institutionalized Persons Act
• 2010 Elder Justice Act

You can find out more about these laws and how they protect residents by reading our article: What federal regulations relate to nursing home safety?

Arizona state laws

In addition to federal laws, there are several Arizona based regulations that help protect nursing home residents living in the state. These include:

• 1988 Adult Protective Services Act
• Case Wallace v Heilman 2009

These laws further clarified and expanded upon the 1987 Nursing Home Reform Act and helped ensure more robust reporting standards within the state of Arizona.

To find out more about how these laws protect nursing home residents read our articles:

• State and Federal Laws related to Nursing Home Falls
• What State Agency is Responsible for Nursing Homes In Arizona?

What steps can you take to prevent abuse?

One of the best ways to prevent abuse is to regularly visit your loved one at their nursing home. Being visible and engaged in their care helps reduce the risk of abuse or neglect.

Some other simple steps you could take:

• Consider setting up a power of attorney
• Regularly review wills and financial documents
• Encourage your loved one to remain active and socialise with members of the community
• Proactively engage in reviewing and maintaining your loved one’s care plan
• Beware and on the lookout for the most common signs of abuse or neglect

Nursing home abuse articles

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.

• Common signs of nursing home abuse
• Nursing Home Falls FAQs
• Causes of and Liability for Bed Sores in Nursing Homes
• Consequences of hip fracture for nursing home residents
• Understaffing in Nursing Homes
• Bedrail entrapment, injury and death in nursing homes
• Nursing Home Resident on Resident Assault in Arizona
• Sexual Abuse in Nursing Homes in Arizona

How does your nursing home rate?

Use our Nursing Home rating tool to check how the nursing homes in Arizona compare.