Cullan & Cullan M.D., J.D. | Arizona Legal Blog

The process of choosing a nursing home for your loved one can be both intimidating and overwhelming. It is important to do your research to ensure that your loved one receives the proper care. By asking the right questions before deciding on a home, you will greatly reduce the risk of your loved one becoming a victim of nursing home abuse or neglect.

The following advice will help guide you in your search:

• Know your rights – If your loved one has been hospitalized immediately prior to entering a nursing home, you may be facing pressure to choose a facility quickly. If your loved one is on Medicare, you have the right to appeal the discharge. This will give you a few extra days to search for the right nursing home.
• Get a list of nursing homes in your area – One good resource is the Nursing Home Quality Monitor by Consumer Reports, which provides listings and evaluations of nursing homes in every state. You can also contact the Eldercare Locator (800-677-1116) to receive contact information on both local area nursing homes and your local long-term care ombudsman, who can be an excellent resource to answer many of your questions.
• Review nursing home websites – Once you have a list of nursing homes in your area, it is a good idea to review several of their websites to find out about cost, whether the facility accepts Medicare and Medicaid, and the different services offered at each nursing home. If this information is not available on the website, you can call the facility to obtain the answers to these questions and inquire about availability.
• Visit unannounced – Do not schedule an appointment to visit a potential nursing home. Simply show up unannounced and ask to speak with the administrator. This will give you a better impression of how the facility is run than if they have time to prepare for your visit. While you are receiving a tour, ask the administrator questions about the ratio of caregivers to residents and request a copy of the staffing schedule. Pay attention for any foul odors as well.
• Go to the bathroom – You should evaluate the cleanliness of the bathrooms and check the hot water. Lack of hot water is a frequent complaint at many nursing homes.
• Observe the residents – Do you see a lot of residents in activity areas, dining rooms, or outdoor quarters? If so, this is a good sign. Be wary of facilities where you see residents being changed, dressed, or toileted in public. This is a sign that the nursing home does not make resident privacy and dignity a priority. Do you see restraints being used on residents or is the staff using restraint-free methods to accommodate the needs and safety of its residents?
• Visit the kitchen – Observe how the meals are prepared. If the nursing home does not want to accommodate this request, you should be concerned. Is the kitchen clean? Is food properly stored and refrigerated? Is there a licensed dietician on staff? Do they keep a record of resident food allergies and dislikes? If possible, ask to have a meal in the dining room with the other residents.
• Review inspection reports – Nursing homes are required by law to provide you with a copy of their most recent inspection report. Read it carefully and look for any violations which might be a cause for concern. Ask the administrator how they have worked to correct any issues cited in the report.
• Sit in on a resident council meeting – Nursing homes usually have groups comprised of residents and their family members which meet to discuss issues regarding care and treatment within the facility. Sitting in on one of these meetings will give you a good idea of how the facility is run.
• Visit often – Once you choose a nursing home for your loved one, visit frequently to make sure the facility is providing the proper care. When you visit, make sure the staff is following all requirements for care spelled out in your loved one’s patient care plan.

If you suspect that your loved one is a victim of nursing home abuse or neglect, it is important to consult an experienced nursing home abuse and neglect lawyer at once.

The Arizona nursing home abuse and neglect lawyers at Cullan & Cullan M.D., J.D. can help you protect the rights of your loved one if he or she has been the victim of nursing home abuse. Our lawyers are also doctors, which enables us to more carefully evaluate medical records and offer you guidance on proper treatment for your loved one. Our medical background also gives us a more sophisticated understanding of the complex federal and state regulations governing care provided at nursing homes, including the duties that nursing homes owe their patients.

Please contact our Arizona nursing home abuse and neglect lawyers today to schedule your initial consultation. Cullan & Cullan M.D., J.D. serves clients in Phoenix and all of Arizona.

Despite the federal and state regulations requiring nursing homes and assisted living facilities to provide high quality care and uphold rigorous safety standards, nursing home abuse and neglect has been a growing problem across the nation. Each year, thousands of nursing home residents are the victims of abuse by the staff charged with the task of providing them quality care.

If you suspect that your loved one has been the victim of nursing home abuse or neglect, it is important to start gathering evidence at once to support your case. You should take the following steps to ensure your loved one gets the help he or she deserves:

• Visit often, and make sure to vary the time of day you visit your loved one. This will enable you to observe differences in care provided by daytime, nighttime, and weekend staff.
• Speak to the nursing supervisor about any unusual activity you may observe. Make sure this conversation goes on record.
• If you suspect that bandages or dressings are not being changed with regularity, mark the date on the bandage and photograph it. This will help you document neglect in regular care. It is also important to document any bruises, cuts, or injuries by photograph so that you have evidence of these conditions.
• Pay attention to your loved one's reaction when various nursing home staff members enter and leave the room. Does your loved one seem agitated, nervous, or scared?
• Keep a diary of your loved one’s condition, interactions with staff members, and any conversations you may have with nursing home personnel. It is important to note issues such as unchanged garments or dressings, bed sores, bruises, and any other evidence of improper care in this diary.
• Ask the nursing home to provide you with copies of your loved one's personal and medical records.
• Contact the ombudsman. The effectiveness of the ombudsman program varies by state. In general, your ombudsman can be of assistance for minor problems, but he may not have the authority to take on more serious problems involving lack of care.
• File a complaint with your state’s Licensing and Certification agency responsible for overseeing your nursing home. They are legally required to investigate your complaint. If they find evidence to support it, they have the authority to issue a citation against the nursing home, levee a fine, and call for corrective action.
• Speak with an experienced nursing home abuse and neglect lawyer who can help you investigate your suspicions and advise you on legal remedies which will protect your loved one and compensate you for all damages.

The Phoenix nursing home abuse and neglect lawyers at Cullan & Cullan M.D., J.D. have been fighting for the rights of nursing home abuse victims for several decades. Our lawyers are also doctors, which enables us to more effectively evaluate your loved one's medical records and injuries. We have the skills and background to provide you with both sound medical advice and aggressive legal representation which will help ensure your loved one receives the proper assistance and remedies.

If you suspect your loved one has been the victim of nursing home abuse, please contact our Arizona nursing home abuse and neglect lawyers today to schedule your initial consultation. We serve clients in Phoenix and throughout Arizona.

If your loved one died as a result of abusive or negligent nursing home care, you may be entitled to receive compensation through a wrongful death lawsuit. It is important to consult an experienced nursing home abuse and neglect attorney at once to ensure that all of the evidence is gathered before the nursing home has a chance to tamper with it.

Some common causes of nursing home wrongful death include:

• Bed sores
• Falls
• Malnutrition and dehydration
• Wandering or leaving the premises while unsupervised
• Excessive or improper use of chemical or physical restraints
• Medication errors
• Neglect of resident’s basic needs
• Unsanitary nursing home conditions
• Failure to attend to serious infections
• Inadequate staffing or improperly trained staff

If you think your loved one’s death may have been the result of nursing home abuse and neglect, it may be crucial that you obtain an autopsy. Often, nursing homes may claim that your loved one’s death was the result of natural causes or a pre-existing health condition in order to cover up their negligent actions. An autopsy if performed by an independent examiner may be able to reveal:

• Bone fractures, both old and new
• Other physical injuries
• Toxicology reports indicating whether your loved one received medication according to doctor specifications
• Inappropriate use of antipsychotic drugs as a method of restraint when your loved one did not have a condition requiring these drugs

The autopsy results may provide more conclusive evidence as to the actual cause of death, and it can be a valuable tool in proving your wrongful death claim. In some states there are regulations that require an autopsy where a fall/or other accident occurs prior to the death of an elderly citizen. Unfortunately most of the nursing homes and hospitals are not as up to date on the regulation's requirement. Some funeral directors have surprisingly been well informed. That means the family has to step in and inform the facility the death must be referred to the local medical examiner. In these circumstances the autopsy is paid for by the local county. An autopsy can be very expensive. The need for an autopsy should be determined on a case by case basis. We recommend that you consult with an attorney for assistance in determining whether an autopsy should be requested.

The Arizona nursing home abuse and neglect lawyers at Cullan & Cullan M.D., J.D. are both lawyers and doctors. Our medical background enables us to more accurately evaluate autopsy results, medical reports, and medication directions. This greatly improves our ability to prove your wrongful death claim.

Please contact our Arizona nursing home abuse and neglect lawyers today to schedule your free initial consultation. Cullan & Cullan M.D., J.D. serves clients in Phoenix and all of Arizona.

Welcome to the blog of Cullan and Cullan M.D., J.D. The Arizona nursing home abuse and neglect lawyers at Cullan and Cullan M.D., J.D. are also doctors. They use their medical expertise to more effectively represent victims of nursing home abuse. Our first blog entry is coming soon. Please check back, and thanks for visiting.

In 1987, the federal government passed the Nursing Home Reform Act, which outlined specific rights guaranteed by law to nursing home residents. The purpose of this law was to enforce higher standards of care among our nation's nursing homes, as well as to curb the incidents of nursing home abuse and neglect committed against our elderly loved ones who reside in these institutions.

By law, nursing homes are required to provide all residents with a copy of the Nursing Home Reform Amendments, and they must also display a copy for all residents to see.

Some of the important nursing home residents' rights guaranteed by this law include:

• Right to Self-Determination – All residents may choose their own physicians, and they must be allowed to participate in the formulation of their health care treatment plan. Residents also must be permitted to voice grievances about the standard of their care without fear of punishment, and they have the right to participate in advocacy groups within the nursing home.
• Right to Privacy – Residents have the right to participate in any social, religious, and community activities which align with their interests and beliefs. They also have the right to privacy in medical treatment, personal visits, accommodations, communications, and personal records.
• Abuse and Restraints – Physical and mental abuse, corporal punishment, and involuntary seclusion of residents is forbidden. Furthermore, facilities can only use restraints to protect the health and safety of the residents.
• Visits – Nursing homes must allow immediate visits by a resident's family members, doctors, ombudsman, or lawyers provided the resident gives consent to the visit.

The Arizona nursing home abuse lawyers at Cullan & Cullan M.D., J.D. are both licensed trial attorneys and doctors. We understand the legal issues affecting your loved one as well as the medical conditions that may develop as a result of their abuse.

We have seen firsthand the tragic consequences of nursing home abuse and neglect, and we are committed to fighting for the rights of your loved in order to ensure that such abusive practices do not continue in the future. If your loved one has been injured by abusive or neglectful nursing home staff members, we can help you receive the compensation you deserve.

Please contact our Arizona nursing home abuse lawyers today to schedule your initial consultation. Cullan & Cullan M.D., J.D. serves clients in Phoenix and throughout Arizona.