Blog Topic
News
Personal Injury
[02/03] 35 cases of illness tied to Pa. farm's raw milk
[02/03] Maine girl bouncing back after 6-organ transplant
[02/02] Calif. Rep. calls for inquiry into stun gun use
Read More
Product Liability
[02/01] Pfizer recalls 1M birth control packs after mixup
[01/30] Government steps up Jeep Liberty air bag probe
[01/25] CEO says GM properly handled Volt fires probe
Read More
Tort
[02/03] Maine girl bouncing back after 6-organ transplant
[02/03] 35 cases of illness tied to Pa. farm's raw milk
[02/02] 550 seeking restitution from Milwaukee Archdiocese
Read More
Topics
18-Wheeler Truck Accidents
Abuse & Neglect Warning Signs
Actos Drug Dangers
Assisted Living Facilities
Auto Insurance
Automobile Recalls
Autopsy
Bed Sores/Pressure Ulcers
Bicycle Accidents
C-Section
Cancer
Construction Zone Accidents
DDD-Division of Developmental Disabilities
Distracted Driving
Drowning Deaths in Group Homes
Emergency Room Malpractice
Falls in Nursing Homes
Fatigue in the Medical Workplace
Granny Cams in Nursing Homes
Group Home Health & Safety Standards
Group Homes
Hospital Negligence
Hospitals
Medical Malpractice
Medical Malpractice in Hospitals
Medication Errors
Medication Errors
Nursing Homes
Pedestrian Safety
Pool Safety
Schools -- Releases and Waivers
Seat Belts and Air Bags
Serious Personal Injury
Social Media
Statutes of Limitations
Surgical Errors
Surgical Infections
Swimming Pool Accidents
Traumatic Brain Injury (TBI)
Trial Court and Appellate Court Victories for Our Clients
Victories on Appeal for the Public
Recent Updates
February 03, 2012
Understaffing in Nursing Homes
January 31, 2012
Nursing Home Abuse Case Sees Victory
January 29, 2012
Mini Cooper Recalls
January 26, 2012
Prevent Medication Errors
January 24, 2012
Finding an Assisted Living Facility in Arizona
Archives
Assisted Living Facilities
Finding an Assisted Living Facility in Arizona
Posted by: Craig A. Knapp
January 24, 2012
Once you've read How to Find an Assisted Living Facility in Arizona, and have narrowed down facilities you're interested in after conducting some research, you are ready to tour the facility. As mentioned in the prior blog,the most important thing is that a place feels right for you or your loved one, so touring the facility is often times the determinant in deciding where to live.
Here are some tips to remember when touring various facilities:
1.) Take notes! It's easy to forget or get facilities confused when touring many of them. Compiling any information you have about each place and adding to that information while touring is a great way to stay organized and not confuse facilities.
2.) Observe, observe, observe. The tour will highlight the design and amenities of the facility, but it won't point out the little things. Look for how happy the residents look, what're they doing, are the caregivers interacting with them, do the caregivers look happy? Whether or not the workers and residents are happy is really the biggest thing to look for. If they're not happy, why would you be?
3.) Ask a lot of questions. There are two things you're looking for when asking questions: how they answer the questions and what the answer is. From here, it's up to you to determine if you liked the responses to the questions.
Knowing the right questions to ask can be difficult. Below is a list of questions to ask and keep in mind, provided by the Arizona Department of Health Services to aid in your touring process:
1.) Is there a posted current license, with the facility's correct address, from ADHS?
2.) What are the admission requirements?
3.) What are resident to staff ratios?
4.) Is there a certified manager on duty? Are caregivers available 24 hours a day?
5.) Can residents continue to see their own doctor?
6.) Are the grounds and the building(s) neat and clean?
7.) Is the menu balanced and appealing? How much time do residents have to eat their meals? Do they have substitutes if a resident does not like the meal?
8.) Do staff know residents by name? Are relationships between staff and residents warm and friendly?
9.) Are residents wearing appropriate seasonal clothing?
10.) Ask for a "typical profile" of a resident in their facility. Are residents alert or confused?
11.) Are resident permitted to access to the outdoors, get beverages, use the telephone, rest, etc. on their own? Are resident rooms allowed to be decorated with personal belongings?
12.) Can residents go to bed at night and get up in the morning when they choose?
13.) Who arranges doctor appointments and manages resident medication?
14.) What are the added expenses? (service plan, transportation, personal items, beautician)
15.) Do they allow pets?
For the complete list, see their website. If you or your loved one is in need of legal advice regarding abuse or neglect in an assisted living facility, give the experienced attorneys at Knapp & Roberts a call. We believe everyone has the right to feel comfortable in their home, which includes an assisted living facility. We will work hard to help ensure others dont endure the same mistreatment you experienced. We care and we can help.
How to Find an Assisted Living Facility in Arizona
Posted by: Craig A. Knapp
January 11, 2012
What is an assisted living facility?
An assisted living facility is a residential care institution that provides or contracts to provide supervisory care, personal care, or directed care on a continuing basis.
Are there many types of assisted living facilities?
Yes. There are 3 different types determined by size: adult foster care homes, where care is provided for up to four people in the home in which the caregiver lives, assisted living homes, which provide care for up to ten people, and assisted living centers, which provide care for eleven or more people.
Who's in charge of these in Arizona?
Under the Arizona Department of Health Services (AZDHS), the Division of Licensing Services, Office of Assisted Living Licensing regulates and monitors Assisted Living Facilities statewide.
When looking for an assisted living facility for you or your loved one, the best thing you can do is to thoroughly do some research. Luckily, there are many resources at your fingertips to ensure that your research is reliable and painless.
Where can I find information about a particular assisted living facility?
The best place to start is from home, believe it or not. A simple Google search will tell you a lot about facilities in your area, whether it's rater reviews, news articles that may have been written about them, and even browsing through their website is a good start. A great rule of thumb we tell people to live by when searching for the right assisted living facility for them is make sure it feels right. If something seems "off" about it online, by phone, or in person, keep searching.
Once you've narrowed it down to a few facilities, a great place to visit is the department in charge of the facilities (see above). Since the state regulates these facilities in an effort to optimize safety of the residents in these facilities, all of their records are public. Therefore, anyone who wants information can visit their office during business hours Monday through Friday and check out a file on any facility containing inspection records, complaints, and licensing history. You may also obtain copies of statutes and regulations governing the operation of assisted living facilities upon request. For more information, visit them online at http://www.azcarecheck.com.
Finding the right home for you or your loved one is the most important thing you can do. If you're seeking a new home due to a problem with your former assisted living facility, don't hesitate to report it. Families and residents alike rely on information to guide them in finding the right home. Contact the AZDHS and file a report by phone, fax, email, or letter as soon as you can. You could be saving someone else from enduring the same problems you endured. If you're in need of legal advice regarding abuse, neglect, or mistreatment in an assisted living facility, contact Knapp & Roberts. We have the experience and passion to assist you in ensuring this abuse is stopped.
Information gathered from http://www.azdhs.gov/als/hcb/index.htm.
Keeping Your Loved One Safe in an Assisted-Living Home
Posted by: Craig Knapp
May 10, 2011
Choosing an assisted-living home for a loved one is challenging. With hundreds of options in Arizona alone, it's difficult to know what to look for and what precautions you need to take in choosing the right one.
The AHCA, or Agency for Health Care Administration, is a non-profit federation of affiliated state-health organizations. AHCA works with the states, Congress, and the federal government to ensure safety of assisted-living patients in more than 10,000 care facilities nationwide. However, a recent investigation by The Miami Herald and a National Public Radio member station, WLRN, shows that the AHCA may be slacking.
The Miami Herald and WLRN analyzed state records and uncovered dozens of questionable deaths in assisted-living facilities in Florida, all of which appeared as though they could've been prevented.
In January 2008, Alzheimer patient, Aurora Navas drowned outside of her Miami assisted-living facility despite the security measures that were supposed to be taken.
At 3:45 am, Aurora left her bedroom and was able to get past an unconnected surveillance camera, walk out of a door with an improperly set alarm, bypass a "double doorknob" designed to stop Alzheimer's patients, and walk through the unlocked outside gate into a shallow lake, where she drowned in 16-18 inches of water.
Isabel Lopez, the owner of Aurora's facility, owns 5 assisted-living facilities in total, and when researched, The Miami Herald and WLRN found that she has 119 different violations under her belt in the past decade. However, the only disciplinary action that AHCA has ever taken was a $1,500 fine in 2009 for not complying with Medicaid laws.
Aurora's family sued Lopez's company in civil court, but settled for an undisclosed amount. As for the AHCA? They have no record of Aurora's case and said in an email that shutting down a facility is a "very harsh penalty."
Investigation also uncovered that in 2008 and 2009, the AHCA found 70 facilities in Florida that were eligible for shut down due to many violations. However, the state only closed seven.
Aurora's case is one of dozens that were found in this investigation. Despite what precautionary measures seem to be taking place and what the AHCA's purpose is, Aurora's story is a reminder that we, ultimately, are the only ones who can protect our loved ones.
Here are some steps that can be taken to help ensure safety for your loved one at an assisted living facility:
(1). Document everything. If your loved one has special needs, make sure that those needs are documented with the home and any other organizations that may be in charge of your loved one at any given time.
(2). Repeat, repeat, repeat. Although you may feel like a pest, make sure you reinforce what is written in the documents in person. Speak with your loved one's caretaker, nurse, director, etc. And ensure that they are aware of precautions that should be taken in caring for your loved one.
(3). Check and recheck preventative measures. If your facility ensures locked gates, alarms, or security cameras, make sure they are holding up their end of the deal. Check to see that the gates are locked, that security cameras are on, and that alarms are actually set.
If you have witnessed or have learned about abuse, neglect, a wrongful death, or any other violation by an assisted-living facility, don't hesitate to take all measures possible to ensure that facility is reported. To learn more about what those measures should be, or to find out about your rights, the best thing you can do is contact Knapp & Roberts immediately for professional, expert advice. You could be saving someone's life.
Knapp & Roberts Law Firm Wins Precedent-Setting Appellate Victory for Abused and Neglected Adults
Posted by: Craig Knapp
July 21, 2010
The law firm of Knapp & Roberts has won a landmark victory for abused and neglected adults. On June 29, 2010, the Arizona Court of Appeals ruled in Estate of Braden v. State of Arizona that the State of Arizona and its agencies must treat incapacitated and vulnerable adults with the same care and attention that the Arizona Adult Protective Services Act (APSA) requires from private caregivers. The opinion is a first in Arizona.
Jacob Braden was an exceptionally disabled young man suffering from a host of medical problems, including seizure disorders, spastic quadriparesis, clinical blindness, severe hearing deficit, and an inability to speak or communicate. Because of these tragic conditions, for many years the State had been providing around-the-clock care for Jacob through one of its many agencies-the Division of Developmental Disabilities of the Arizona Department of Economic Security. Jacob had a hard life, but he was coping as well as he could, and should have lived for many years.
But Jacob died at age 19. The immediate cause was internal bleeding from a blunt-force traumatic fracture of his thoracic spine. The medical examiner who autopsied Jacob called his death "suspicious, unnatural, and unusual." Knapp & Roberts conducted an intense investigation, which uncovered a shocking pattern of neglect and abuse, including widespread bruising, rectal bleeding, multiple fractures, chronic lack of supervision, anemia, and malnutrition.
The State of Arizona, however, refused to admit that it had the duty to control, manage, or direct the care that its agency provided Jacob-or to protect him from neglect and abuse. In a clear, strong opinion, the Arizona Court of Appeals held that the State had assumed a legal duty to care for Jacob. Moreover, the Court held that the State was not immune from liability under the Arizona Adult Protective Services Act. As the Court wrote, if the Arizona Legislature had wanted to provide immunity to the State, it "could have done so." But it did not.
Knapp & Roberts overturned an adverse trial-court ruling and won a precedent-setting victory against the largestlaw firm in Arizona-the Office of the Arizona Attorney General. No longer can the State evade its legal duty to supervise the care that its agencies and caregivers provide for incapacitated and vulnerable adults like Jacob Braden. This opinion means that Jacob did not die in vain. His death will bring better care-and justice-for hundreds of other incapacitated and vulnerable adults.
Knapp & Roberts Wins Landmark $11 Million Verdict
Posted by: Craig Knapp
April 12, 2009
On March 19, 2009, a Maricopa County jury awarded one of our clients, Lydia Scherrer, $11 million for the death of her husband. The jury determined that the assisted living facility, Liberty Manor, was responsible for the death of Earl Scherrer, a 36 year old man who suferred from a severe brain injury. Earl's caregiver failed to properly supervise him and allowed him to ingest numerous foriegn objects including plastic bags, ketchup packets, candy wrappers and paper towels. The Medical Examiner, Dr. Lyon, testified that the foreign objects caused an obstruction in Earl's stomach and small intestines leading to his death. The lawsuit we filed set forth claims for abuse, neglect, wrongful death and punitive damages. Then jury found in favor of our client on each count.
