Today, more and more families across the country are relying on various types of “institutions,” or “enterprises,” to care for their aging loved ones. These institutions include the following: assisted living centers, assisted living facilities, assisted living homes, adult day health care facilities, residential care institutions, adult care home, a skilled nursing facility, or a nursing facility. Many of these institutions are located in beautiful Northern Arizona and are becoming more and more popular because of the recession, opportunity, and low standards by the State to open the doors. Because there are so many institutions, families often invest time and resources into making the right choice. When a family ultimately finally makes the conscious decision to place their beloved family member in the care of an institutions, they place their complete trust in the physicians, nurses, and skilled staff that their family member will be looked after, cared for, and loved.
Unfortunately, these various institutions are not always careful when hiring their employees, and sometimes hire employees who do not have the best interests of your family member in mind. Many times, institutions are understaffed, putting profits before quality care, and setting aside as secondary the best interest of your loved one. When an employee of an institution fails to provide reasonable monitoring of your family member, the potential for abuse and injury increases.
Common injuries resulting from the abuse and neglect of an institution include pressure ulcers (bed sores), falls, malnutrition, medications, and exploitation, and even death. If you believe a family member has been neglected, abused or injured by the negligence of an institution, do not hesitate. Call us today to discuss your legal options available in a free consultation.
At Mingus Mountain Law Group, PLLC,we remind the various institutions of their statutory guidelines, as well as internal policies, that they must follow when caring for your aging loved one. In 1988, Arizona enacted the Adult Protective Services Act (APSA) to address elder abuse and neglect within the various institutions. See §46-451 et seq. Pursuant to laws of APSA, “A vulnerable adult whose life or health is being or has been endangered or injured by neglect, abuse or exploitation may file an action in superior court against any person or enterprise that has been employed to provide care, that has assumed a legal duty to provide care or that has been appointed by a court to provide care to such vulnerable adult for having caused or permitted such conduct. See A.R.S. § 46-452(B). “Vulnerable adult” is “an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment.” See A.R.S. § 46-451(9). Actual damages (pain and suffering), special damages (medical bills), and even punitive damages are available remedies under APSA.
If a family member or loved one was abused, neglected, and injured while residing in one of the institutions defined above, contact us today to talk to an experienced attorney about your legal options available.