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

Nursing homes are supposed to provide help and care for their residents so that they can live as happily as possible in their final years. Failing to provide these services and neglecting nursing home residents is a terrible form of nursing home negligence.

Nursing home negligence can come in many different forms. When patients are ignored, abused, and even assaulted, the nursing home should be held responsible for negligence, and injured residents and their families if the resident was wrongfully killed can recover compensation. Some of the signs of common nursing home negligence include:

• Bruising/Broken Bones - Whether they were cause by abuse or by falling down, broken bones and serious bruises should be prevented.
• Change in Mood/Behavior - Your loved one could be getting overmedicated and suffering from doctors and nursing home staff that are unaware of how medications are interacting with each other
• Sudden Weight Loss - Some nursing homes are so understaffed that they may negligently and sometimes intentionally set food out of reach of residents so that they cannot get the nutrients they need to live healthy lives
• Poor Hygiene - If the sheets are dirty or if your loved one looks dirty and unkempt, it could be the result of being nursing home neglect and not getting assistance when going to the bathroom or washing. If you see this, take photographs, file a written complaint, determine whether it is necessary to move your loved one to a different facility.

Nursing home negligence is a serious event and should be dealt with as soon as possible. If you suspect that your loved one's nursing homes is negligent in their care, please contact the nursing home abuse attorneys at Cullan & Cullan M.D., J.D. to schedule an initial consultation by calling 602.200.9999.

For older nursing home residents, broken bones can be life changing, traumatic experiences, and they can take months or years to recover from. Older individuals have weaker, more brittle bones than younger people, making them easier to break and more difficult to heal.

Broken bones at nursing homes are almost always caused by falls. When a nursing home patient falls, the injuries can be extensive: arms, legs, hips, and pelvises can all break from a trip and fall in a nursing home. Some of the causes of falls in nursing homes include:

• Overmedication – when too many drugs are prescribed or when the interactions between drugs are adverse, they can cause vertigo and dizziness, making falls more likely
• Malnutrition – Severe malnutrition can make nursing home residents very weak and cause a loss of balance and coordination
• Poor Nursing Home Equipment – Outdated beds, walkers, and even wheelchairs may not have the restraints and other safety devices needed to prevent falls
• Poor Facilities – Wet floors, poor lighting, and lack of handrails can all cause nursing home residents to fall and break bones
• Mistreatment – Unfortunately, there are nursing home staffs that are abusive and can mistreat residents, bruising them and even breaking their bones
• Understaffing—With many nursing homes not having sufficient numbers or properly trained staff, abuse and neglect may abound.

Nursing homes must take precautions to prevent falls. Many falls can be prevented if the nursing home was providing proper care. Any broken bone that occurs after a fall at a nursing home should be thoroughly examined by an attorney so that the guilty party can be held responsible.

If your elderly loved one has suffered a broken bone at their nursing home, please contact the nursing home neglect and abuse attorneys at Cullan & Cullan M.D., J.D. in Phoenix, Arizona at 602.222.9999 to schedule a free initial consultation.

Elder neglect is a terrible form of nursing home abuse that can be stopped if it is detected. Unfortunately there are nursing homes that neglect their patients when their families are not present, only to appear caring a helpful when patient's visitors are there.

Nursing home neglect accounts for about half of all cases of nursing home abuse; the effects of nursing home neglect can be terrible. To make sure your loved one is not suffering from neglect, you need to take note of the signs of neglect they may be exhibiting:

• Weight Loss – Nursing home staff could be abusive and purposefully keeping food out of reach of patients
• Depression – Long periods of neglect and isolation can take a toll on elderly residents, making them severely depressed
• Poor Hygiene – When nursing home staff neglects the basic needs of residents, they may be unable to wash or use the bathroom correctly
• Untreated Bed Sores – these are evidence that the nursing home resident has not been repositioned in their bed

While neglect may be active and intentional, passive neglect can be just as dangerous and injurious. Nursing home staff could be passively neglecting your loved one by ignoring their cries for help because they don’t think help is actually needed.

No matter what the case may be, if you believe an elder family member is being neglected at their nursing home, please contact the experienced nursing home abuse attorneys who are also doctors at Cullan & Cullan M.D., J.D. today to schedule an initial consultation at 602.200.9999.

It is disturbing that instances of rape and other forms of sexual abuse occur in nursing homes. When you place your loved one under the care of a nursing home, you expect staff members to be nurturing care providers, not sexual predators, and you expect them to take the proper precautions to protect your loved one from other residents who may have the potential to commit such atrocious acts.

Unfortunately, elderly or cognitively impaired nursing home residents make easy targets for sexual predators. If your loved one has been the victim of nursing home rape, it is important to hold the nursing home accountable for their negligent actions.

Even though nursing homes are mandated by law to conduct criminal background checks on potential employees, this screening often gets overlooked during the hiring process. As a result, vulnerable residents may be at the mercy of a sexual predator who slipped through the cracks of this screening process.

However, not all nursing home rapes are committed by staff members. Often, residents who are mentally ill or have an established history of violence perform these horrendous acts due to negligent supervision, the nursing home’s failure to separate potential predators from other residents, or understaffing issues.

Unfortunately, many victims of nursing home abuse are either unable to communicate the abuse to other staff members and their loved ones, or they choose to stay quiet out of fear. Therefore, if you suspect your loved one has been the victim of a sexual assault, it is important to bring your suspicions to the attention of the nursing home management. If they do not take appropriate action to investigate your suspicions, then you should talk with an experienced nursing home abuse lawyer immediately to make sure your loved one’s safety has not been violated.

If you believe your loved one may be the victim of nursing home rape or any other kind of sexual assault, the Phoenix nursing home abuse lawyers at Cullan & Cullan, M.D., J.D. can help protect your rights and hold the negligent parties accountable for their actions. Our lawyers are also doctors, and our medical expertise enables us to provide you with superior legal representation compared with other lawyers lacking this background.

Please contact our Phoenix, Arizona nursing home abuse lawyers today to schedule your free initial consultation.

Nursing home residents are often hesitant to report instances of abuse for a variety of reasons. Some do not speak up out of fear that the abuse may get worse. Others may not want to burden their families with their problems. Many residents do not report abuse because physical or mental limitations inhibit their ability to communicate.

As a result, it is crucial that you pay attention to warning signs that your loved one has been a victim of nursing home abuse or neglect. If you suspect your loved one has been the victim of abuse, you should file a report with your local ombudsman and seek legal representation from an experienced nursing home abuse and neglect lawyer.

The following signs should be cause for concern:

• Unexplained bruises, cuts, burns, sprains, or fractures
• Poor hygiene
• Bed sores
• Frozen joints
• Malnutrition and dehydration
• Unexplained venereal diseases or genital infections
• Vaginal or anal bleeding; torn, stained, or bloody clothing
• Sudden changes in behavior
• Refusal by staff of visitation or delays in your ability to see your loved one
• Staff members denying your loved one’s right to be alone with visitors
• Resident being kept in an over-medicated state
• Loss of possessions
• Sudden large withdrawals from bank accounts or changes in banking practices
• Sudden loss of appetite
• Sudden changes in will or other financial documents

The Phoenix nursing home abuse and neglect lawyers at Cullan & Cullan M.D., J.D. can help you receive the justice you deserve if your loved one has been the victim of nursing home abuse and neglect. We have seen the devastation caused by this abuse firsthand, and our lawyers are committed to helping you protect the rights of your loved one.

Our attorneys are also doctors. This gives us a more thorough understanding of the medical issues your loved one faces. We can evaluate medical records to prove the that neglect is in fact taking place, and we can help ensure your loved one receives the proper treatment to recover from any injuries suffered as a result of this abuse.

If you suspect your loved one has been the victim of nursing home abuse, please contact our Phoenix 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.

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.