Before doing anything else, if you believe or have reason to suspect that someone in a nursing home is in life threatening danger, it is important to call 911 or the local law enforcement agency immediately. If you suspect abuse in a nursing home facility located in Arizona but don’t believe it is a life threatening situation, you should contact the Arizona Department of Health Services or an Elder/Nursing Home Abuse Attorney as soon as possible to request an investigation.

Nursing home regulations were first initiated in 1965, when the United State Federal Government approved Medicare and Medicaid payment to facilities that elected to accept the benefits. Since that time, nursing home oversight has been assigned to the U.S. Department of Health and Human Services. The scope of the guidelines and regulations for nursing home operation has been expanded to include defining and addressing elder abuse. Every nursing home in Arizona is subject to those laws.

Abuse of an elder is defined to include the willful or reckless act(s) of another person that may result in physical injury or death of the nursing home resident. This also includes the failure to act to prevent an injury or death, and neglect. If you have witnessed that a nursing home resident has bruises, broken bones, or has experienced a sudden change in physical or mental health, there is strong possibility that abuse is taking place.

Any hitting, punching, slapping, poking, or pinching of a nursing home resident is considered to be physical abuse. Additionally, without the expressed and informed consent of the resident, any touching or exposure of a person’s private body parts of anyone’s sexual gratification is considered to be sexual abuse. The State of Arizona has strict laws to protect residents from such abuses.

Nursing homes and elder caregivers are not allowed to use threats of punishment, any form of harassment, or humiliation in patient management. Even if a resident’s mental state or disability prevents comprehension, the use of verbal, written, or gestured language that is belittling or conveys a negative message is prohibited. They are all considered to be forms of mental abuse. Certain practices that seclude residents against their will, such as preventing a person from interacting with other residents or having access to his/her room, may also be considered to be a form of mental abuse except in specific, monitored circumstances.

In Arizona , state required nursing home review is frequently less than adequate. If you suspect that a nursing home or care facility is not working to protect patient rights, it is appropriate to seek out immediate assistance. An Elder/Nursing Home Abuse Attorney can provide counsel and help to ensure the safety and well being of your loved one.