Elder Abuse

Fighting Elder Abuse

Protect Your Loved Ones From Elder Abuse
Read How to Choose the Right Nursing Home, an article attorney Jim Dyer wrote for our Newsletter.

More than 1.5 million people live in the country's 17,000 nursing homes and long-term care facilities. Often elderly or disabled, they are highly vulnerable to elder abuse and neglect.

The attorneys of Kinerk, Beal, Schmidt, Dyer & Sethi in Tucson have been protecting the rights of nursing home residents for decades. In cases of elder abuse, we will file a nursing home negligence claim to recover financial compensation for people who have suffered all types of nursing home abuse and neglect, including:

• Malnutrition
• Dehydration
• Bed sores (pressure sores, decubitus ulcers)
• Failure to assess fall risk and prevent falls
• Failure to prevent wandering and elopement
• Assault and battery

Medication errors

• Emotional and psychological abuse
• Physical abuse — hitting, pinching, shoving, slapping, shaking, force-feeding
• Sexual assault and sexual abuse
• Lack of care for medical problems
• Unsanitary conditions
• Poor access to medical services
• Failure to assist in personal hygiene

Punitive Damages in Elder Abuse Claims

Because nursing home residents are protected by Arizona's vulnerable adult statute, our lawyers may seek punitive damages against the nursing home in addition to compensatory damages. In elder abuse cases, punitive damages are meant to punish the defendant and deter others from engaging in similar behavior.

If you suspect that your loved one is being abused or neglected in a nursing home, contact us. We will listen to your concerns and we can connect you with the information and resources you need — even if we do not take your case. The initial consultation is free of charge and free of obligation. If you hire our law firm, you will not pay any legal fees unless we obtain financial compensation in your nursing home injury claim.

The Nursing Home Residents' Bill of Rights

The Nursing Home Reform Act of 1987 established the following rights for nursing home residents:

• The right to freedom from abuse, mistreatment and neglect.
• The right to freedom from physical restraints.
• The right to privacy.
• The right to accommodation of medical, physical, psychological, and social needs.
• The right to participate in resident and family groups.
• The right to be treated with dignity.
• The right to exercise self-determination.
• The right to communicate freely.
• The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility.
• The right to voice grievances without discrimination or reprisal.

Learn more about elder abuse. Visit these informative Web sites:

• National Center on Elder Abuse
• The National Consumer Voice for Quality Long Term
• Falls in Nursing Homes
• More Can Be Done to Protect Nursing Home Residents From Abuse, a report by the U.S. General Accounting Office.