1)       What defines elder abuse?

The National Center for Elder Abuse defines elder abuse as “any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.”  This abuse can result in six main categories: neglect, emotional abuse, physical abuse, sexual abuse, exploitation and abandonment. 

2)      What do the state laws in Arizona say regarding elder abuse?

Arizona state law constitutes elder abuse in three main areas: abuse, neglect and exploitation.  Abuse can be any injury resulting from negligent acts, any intentional cause of physical harm and any type of sexual assault.  Neglect is any type of continued behavior without that person or that person’s power of attorney that results in them lacking water, food, medication, shelter and any other services essential to maintain both minimum physical and mental health.  Arizona state laws define exploitation as any dishonest or unlawful use of a debilitated adult and their resources.

3)      Who is affected by elder abuse?

Elders of either gender and of all races, social classes and backgrounds are affected by this hideous situation.   A victim of elder abuse can be a parent/grandparent, a relative or a friend.   You may not be aware this type of abuse is occurring because only one in ten cases of elder abuse is actually ever reported.

4)      What consequences does a person committing elder abuse face?

The alleged person will face criminal charges and if that person is found guilty of these charges, as of July 1, 2007, they will have their name forwarded to a public registry for ten years.  This was imposed as an additional deterrent for anyone who abuses the elderly.

 5)      In the eyes of the law, who can rightfully bring up a lawsuit for elder abuse?

The elder suffering this abuse can obviously bring up a lawsuit.  In addition, the elder’s successors, in interest if the elder is to die; a family member of the elder, if they personally witness abuse; or a guardian of an elder deemed incompetent may also bring a lawsuit.  

6)      What are possible outcomes for an elder or their family in a nursing home abuse case?

The elder can recover past and future medical expenses including damage for past and future pain suffering, increased care expenses and punitive damages if the abuse was severe enough.   If the elder in question is no longer living, their survivors are entitled to the above recovered damages plus any damages resulting to them from the loss their elder that they would have provided.

7)      Where can elder abuse occur?

Elder abuse can occur in any setting.  However, it usually occurs in nursing home facilities that are understaffed and contain poorly trained staff members.

8)      Do you need an attorney to represent you in this type of case?

If you want to receive the best possible outcome in your Arizona nursing home abuse case, then, it would be in your best interest to retain a qualified nursing home abuse attorney.  Issues surrounding Arizona elder abuse are very complex and difficult to comprehend.  With the aid of a knowledgeable nursing home abuse lawyer, you can be guided through this extensive process and will represent your case the finest manner.