Arizona Adult Protective Services (APS) conducts 4,257 abuse investigations and 3,256 neglect investigations every year. While nobody sends a beloved elder loved one to a bad nursing home on purpose, the truth is abuse and neglect are quite common.
If your loved one has been a victim, they can recover damages. Those damages can cover their medical bills, pain and suffering, psychological counseling, costs associated with finding a new caregiver, and any loss of activities your loved one used to enjoy as a result of their mistreatment.
In especially egregious cases, punitive damages may also be awarded. These damages exist solely to punish these nursing homes for their bad behavior.
One of the major defenses the defendant nursing home is going to offer is that while your loved one may be injured, it’s not because of something they did. They’ll try to state that your loved one’s injuries are unavoidable or routine. These companies and their insurance companies certainly aren’t above claiming your loved one is making everything up, either.
Fortunately, there are well-documented signs of abuse. You can take keep track of these, documenting the dates and times you observed the issue and any interactions you had with the nursing home staff as you attempted to correct the problem. You should also take photographs of any damage you see.
Your attorney can also look for signs of abuse in the senor’s medical records, and can subpoena ombudsman complaints to see if there have been similar issues at the same nursing home.
Witness statements, both expert and material, can also go a long way towards proving the abuse has happened. It will be up to your attorney to thoroughly investigate your case so as to locate all existing evidence of abuse and neglect.
Nursing home settlements vary wildly. Much depends on the extent of your loved one’s injuries and economic losses, as well as the egregiousness of the behavior leading up to the injury.
Once we’ve seen all the facts of your specific case we can offer you some best case and worst case scenarios, as well as helping you understand what a reasonable settlement will look like and how the settlement will be used. In some cases, for example, Medicaid may claw back some of that money because they’ve been covering certain medical bills while the suit is ongoing.
The average nursing home lawsuit takes 18 to 24 months to resolve itself. This includes the claim investigation process, the time it takes to send out a notice of claim and the time the law allows the nursing home to respond, filing the lawsuit, going through the discovery process, and any settlement and mediation conferences that occur.
While only a small number of nursing home cases go all the way to trial, this estimate also includes the time it takes to get a court date and to litigate the case.
We’ve been holding nursing homes accountable for over 30 years. Our team has the extensive experience it takes to win these cases. We’re also responsive, caring, and passionate about getting justice for the victims of nursing home abuse.
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