According to the Centers for Disease Control and Prevention (CDC) even “minor illnesses, such as infections affecting the lungs or bladder, can result in dehydration in older adults.” The chance for dehydration increases exponentially in the sweltering desert climate of Tucson, Arizona, where thousands seek emergency treatment for dehydration alone, according to the University of Arizona.
Undoubtedly, dehydration is easily preventable with the right nursing home care setting. It is important for vulnerable people like nursing home residents to have constant access to drinking water, in addition to staff oversight in making sure hydration needs are met for all residents. If your loved one suffered injuries due to dehydration and you believe the nursing home is negligent a Tucson dehydration lawyer can help. Call Pintas & Mullins Law Firm to begin discussing your case with a member of our team.
Arizona Nursing Home Resident Rights
Based on state and federal law, your loved one is entitled to good treatment in a nursing home facility. In particular, federal law requires all nursing homes receiving financial support from the government’s Medicare funding—at least $10,000—to abide by the Nursing Home Residents Bill of Rights.
These guaranteed rights and protections for nursing home residents are intended to secure each individual’s independence, to the fullest reasonable extent. One basic right includes freedom “from abuse and neglect,” and in some cases, your loved one could be dehydrated simply due to a lack of care on behalf of nursing home staff. It is hard to imagine that anyone would want to abuse or neglect our loved ones in nursing homes. You should know that neglect is punishable by law, whether or not it is intentional. Either way, it still puts your loved one in an unbearable, and potentially fatal position that they cannot escape. According to the University of Arizona, more than 120 people died per year of dehydration between 2001 and 2013.
Why Nursing Home Residents Get Dehydrated
- No Source of Fluids: When water or other drinkable liquids are not readily available to them, dehydration can happen quickly.
- Lack of Training or Monitoring: Nursing home staff are not properly trained to help residents stay hydrated, or do not monitor physical changes or symptoms of dehydration.
- Lack of Encouragement: Staff does not encourage hydration.
- Multiple Forms of Abuse: If a nursing home staff member is being intentionally abusive, they could withhold water from someone, causing them to become dehydrated.
This is not an exhaustive list of reasons that one can become dehydrated in a nursing home, but all of these reasons should be considered when building your case. The Tucson dehydration lawyers at Pintas & Mullins Law Firm can help determine who to hold accountable for negligence when nursing home abuse happens.
Pursuing a Case Against Negligent Nursing Homes
Arizona nursing home residents are protected by a number of state and federal laws against abuse, which can be intimidating to navigate alone. Sometimes, the hardest part of getting started with an elder abuse case is beginning the reporting process. Working with someone who is knowledgeable about the nuances of Arizona elder abuse laws can be helpful in building a strong case.
Generally, elder abuse falls under civil law protections, but there is a chance that your elder abuse case requires a criminal law response. If this is the case, it is important to get your loved one out of the abusive situation as soon as possible. Then, you should consider calling a lawyer to discuss your options.
Many nursing home abuse cases will be processed in civil court, where you will need to present a case that shows that nursing home staff is the reason your loved one became dehydrated and suffered.
We Will Build Your Case
Our lawyers can assemble your legal claim from start to finish, explaining the requirements and rules along the way. We want to completely remove the burden of the litigation process from your hands, with the shared goal of getting you and your loved one a fair settlement for your medical bills, pain, and suffering.
You may consider any or all of the following legal claim types in a case of nursing home abuse:
- Personal Injury: In Arizona, the statute of limitations is up to two years from the date of the injury that happened as a result of your loved one’s dehydration. You will want to consider all past and future expenses related to the injuries, like emergency room costs, prescription medication costs, extra medical equipment, and any other costs incurred since the injury happened.
- Breach of Contract: If the nursing home does not fulfill their end of the contract you agreed upon your loved one’s arrival to the nursing home, you may have a breach of contract claim. In Arizona, the statute of limitations is up to four years from the date the contract was broken.
- Medical Malpractice: If a licensed medical professional did not adequately provide medical care for your loved one, you may have a medical malpractice claim. The statute of limitations for a medical malpractice claim is up to two years from the date of the incident.
The list above does not include all of your potential options for filing a lawsuit against a negligent nursing home. The only way our team can begin working on your case is when we can understand the full scope of it. Explore your legal options with a member of our team today.
For a free legal consultation with an dehydration lawyer serving Tucson, call (800) 794-0444
Connect With a Nursing Home Abuse Lawyer
Do not wait to see if your loved one’s nursing home situation improves. Unless the right parties are held accountable for the abuse and neglect of your loved one, the situation may not change at all.
When you work with the lawyers at Pintas & Mullins Law Firm, our priority is settling your case out of court, so you can get back to life before your problems with the nursing home. A Tucson dehydration lawyer can hold all liable parties accountable based on the facts of your case. Call Pintas & Mullins Law Firm today for a free evaluation. We do not shy away from the tough cases and may be able to secure a fair settlement on you and your loved one’s behalf.