Strengthening Your Claim With Proof of Regulatory Violations
Nursing homes, private care homes and similar facilities are licensed by the state of Arizona and subject to extensive state and federal regulation. Showing that a particular practice, incident or deficiency of care amounted to a regulatory violation will help establish a defendant nursing home's liability to an injured resident.
At Fein, Flynn & Associates in Tucson, our attorneys are familiar with the statutes and regulations that not only protect vulnerable residents from neglect and abuse, but that also define the minimum standards of care and residents' rights. Contact us to learn how our approach to the investigation of claims against nursing homes focuses on a facility's past and current regulatory violations.
Learn How Violations of State or Federal Law Can Affect Your Case
State or federal regulations affect many aspects of residents' lives and the responsibilities of nursing homes to protect them. Moreover, the recent trend in nursing home regulation has gone beyond merely protecting residents from neglect and abuse. Residential care facilities for elders and vulnerable adults must also protect their quality of life, dignity and autonomy to the greatest degree consistent with their security.
Examples of common regulatory violations at nursing homes include:
- Failure to develop or observe a comprehensive care plan for each resident
- Overmedication
- Misuse of physical or chemical restraints
- Unnecessarily restrictive conditions of confinement
- Overuse of catheters
- Failure to observe reasonable privacy interests or violation of data confidentiality rights
- Denial of outside communication or reasonable access to visitors
- Failure to report conditions of abuse or neglect
Nursing home regulatory violations most often reflect budget-driven management problems within facilities. Layoffs, staff turnover or shortages of trained and licensed personnel create huge temptations to find shortcuts to resident care, which can often include sedation or physical restraints. Regulatory violations can flourish in these conditions.
Call 520-547-7940 or 800-882-0828 for Legal Advice About Nursing Home Neglect or Abuse
The lawyers of Fein, Flynn & Associates know how to investigate negligence and abuse claims with state and federal regulatory protections in mind. We also know how to relate particular violations to specific injuries, and our ability to make this connection clearly and persuasively can have a powerful impact on the outcome of your case. For a free consultation about your family's claims against a nursing home, contact our office in Tucson.
