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Phoenix Residential Care Facility Abuse Attorneys


Abuse in Residential Care Facilities

Residential care facilities are sometimes known as assisted living or "board and care" facilities. Typically, these facilities do not provide medical care, and there are fewer residents than one would find in memory care facilities or nursing homes. However, some residential care facilities do offer a memory unit care for patients with Alzheimer’s.

In cases where there has been abuse, filing a personal injury claim against a residential care facility is quite different than filing against a nursing home. While abuse in residential care facilities doesn’t appear in the news as much, it still happens. When it does, a Phoenix personal injury attorney can help family members get compensation for their loved one.

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Differences Between RCFEs and Nursing Homes

Residential care facilities for the elderly (RCFEs) are a type of care facility "below" nursing homes, and they do not provide healthcare, in general. This means that if a senior needs a place to live (and minor help with things like remembering to take medication), he or she may be eligible to stay at an RCFE.

Because there are no licensed nurses or doctors usually on staff at RCFEs, people who require a great deal of care or are immobile won’t be eligible and will likely need a nursing home. Typically, a person needs to be able to walk on his own and get himself into and out of bed. Some RCFEs admit residents with open wounds, and some also accept patients who are suffering from dementia, as long as they are able to walk on their own.

Unlike nursing homes, which require different types of licensing and certification for all healthcare providers, RCFEs simply do not have these same requirements for staff.

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Filing a Claim Against an RCFE

Filing a complaint or a personal injury claim against an RCFE in Arizona can be very difficult. It may begin by filing a formal complaint with Arizona’s Department of Health Services, but could also include different government departments, licensing agencies, and law enforcement agencies. In many Arizona RCFE abuse cases, the ombudsmen will also be involved.

Working with so many different agencies can be overwhelming and confusing, especially for a family that’s going through a difficult time.

When a personal injury claim is filed against an RCFE, you or your attorney may have to contact the licenser as well as the insurance company, if the facility refuses to speak or cooperate with you. And if the RCFE isn’t licensed, your attorney may only be able to speak to their lawyer if they refuse to speak to you.

In Arizona, this is an acceptable practice, and attorneys often recommend that the plaintiff and defendant do not have direct communication while the claim is pending. But dealing with insurance companies and other attorneys can be intimidating. And if you’re not filing a complaint with the proper department, such as the Department of Health, your claim might be thrown out altogether. You can start all over from the beginning, but you may not have time to file your claim before the statute of limitations runs out.

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Attorneys for RCFE Abuse Victims

This is why it’s so important to work with a qualified attorney if you suspect that your loved one has been abused in a residential care facility. At Breyer Law Offices, P.C., we have experience with these types of cases. We know where to report the abuse, and how to properly file a claim against guilty parties. Call The Husband and Wife Law Team at (602) 267-1280 today to get your loved one and family the compensation they deserve.

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