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Nursing Home Abuse Attorney
Because of the widespread problem of nursing home and elder abuse, many states, including Arizona and California, have enacted laws protecting our vulnerable and elderly citizens. With over 1.5 million elderly and dependent adults now living in nursing homes, abuse and neglect have become a pervasive and expanding problem. Although many nursing homes provide quality care, in other facilities, residents are being gravely injured, even dying, because of neglectful caregivers. It is important to select the right facility for our elderly and dependent loved ones. However, even when a facility has an excellent reputation and has been carefully chosen by a family, nursing home abuse can, and still does, happen. Nursing home abuse occurs in a variety of ways. Because dependant adults cannot protect themselves, they are often victims of physical attack, sexual assault, financial abuse and negligent care. Oftentimes, nursing home personnel and caregivers disregard these vulnerable adults leading to many serious and life-threatening problems including dehydration, falls, broken bones, infections, bedsores, septicemia, gangrene, and death. Because abuse of these adults is a very serious problem, Arizona has made it is a class 5 felony to abuse a vulnerable or incapacitated adult. In 1989, the Arizona legislature expanded criminal adult abuse laws by creating a civil cause of action against those who provide care for incapacitated or vulnerable adults. Arizona law states an incapacitated or vulnerable adult whose life or health has been endangered or injured by neglect, abuse or exploitation may file a lawsuit against any person or corporation that has assumed the duty to provide care for the incapacitated or vulnerable adult. In order to protect these adults from abuse, Arizona allows these abused adults to recover not only pain and suffering damages against the wrongdoer, but also attorneys' fees, costs and punitive damages. California has also found elder abuse to be a growing problem. Because of this, the California legislature passed the The Adult Civil Protection Act in 1991. The California Act protects elders from abuse and neglect, and, in some instances, allows the abused victim to recover attorneys' fees, costs and punitive damages. Our office has prosecuted many nursing home abuse cases. If you or one of your family members has been a victim of nursing home or other elder abuse, please contact our offices immediately.
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