Abuse, Neglect, Exploitation of a Vulnerable Adult

Arizona has a set of laws that apply to people defined by law as “vulnerable adults.” A “vulnerable adult” is a person 18 years or older, who is unable to protect himself or herself from abuse, neglect or exploitation by others because of a physical or mental impairment. Common examples are the elderly in nursing homes or adults “mentally incompetent” adults. It is illegal to abuse, exploit, or neglect a “vulnerable adult.”

The term “nursing home” is usually associated with an assisted living facility for the elderly. However, the term could equally apply to any type of care facility and to patients who are not elderly, but who are medically in need of care by medical professionals.

Nursing home negligence, elder abuse, and abuse, neglect, and exploitation of a “vulnerable adult” may occur when a nursing home, a care facility, or employees of a nursing home or care facility, do not provide reasonable care to a patient.

Some forms of nursing home negligence are:

• Allowing bed sores / pressure sores / pressure ulcers to develop
• Causing malnutrition or dehydration
• Failing to property administer medication
• Failing to properly supervise to help prevent injury or falls
• Allowing patients to wander off or get lost
• Dropping patients
• Improper restraint
• Burns
• Failing to render aid or to call for medical attention
• Untreated medical conditions.

Some forms of abuse are:

• Physically assaulting a patient
• Improperly restraining a patient’s freedom
• Sexual abuse
• Emotional abuse
• Financial exploitation.

Claims / Damages
Because “vulnerable adults” may not be able to bring legal action on behalf of themselves, Arizona allows certain relatives or guardians to bring claims on their behalf.

“Vulnerable adult” victims may recover damages for such things as:

• Pain and suffering
• Medical expenses
• Loss of dignity
• Loss of quality of life
• Physical injury
• Disability
• Punitive damages.

Wrongful Death of a “Vulnerable Adult”

Parents and children of “vulnerable adults” who have died due to abuse, exploitation, or neglect may bring claims for wrongful death. Under Arizona’s wrongful death statutes, such persons are entitled to compensation for such things as: loss of love, affection, companionship, care, protection and guidance as a result of the loss of their family member. Parents and children are also entitled to recover for the pain, grief, sorrow, anguish, stress, shock, and mental suffering they have and will suffer.

Arizona’s Elder Abuse statute, however, Arizona’s other wrongful death laws, also the estate of the victim to recover damages for pain and suffering endured as a result of abuse, exploitation, or neglect.