Can Arizona Hospitals Be Held Liable for Elder Abuse?
In Arizona, it is illegal to abuse, neglect, or exploit a “vulnerable” adult. But under the law, can the perpetrators of “elder abuse” only be confined to nursing home facilities or individuals charged with the care of an elderly person? According to an Arizona Court of Appeals decision, that answer is yes.
This decision stemmed from two cases where the survivors of two elderly victims contended that the care their family members received in Arizona hospitals violated the 1989 Adult Protective Services Act (APSA) and was, in fact, elder abuse. In both instances, lower court judges threw out the cases, claiming that hospitals were exempt from the law.
The Court of Appeals saw it differently and rejected arguments by attorneys from two major hospitals that the APSA only pertained to nursing homes and assisted-care facilities.
Judge Patricia Orozco said that the law was written to cover those who “provide care.” Since a hospital provides care, it only seemed logical that hospitals could also be held liable in elder abuse cases. The court rejected the idea that the Legislature had never meant for acute-care hospitals to be covered under the law.
While families of victims always had the option of filing a medical malpractice claim against a hospital, state law limits the kinds of costs a plaintiff can recover for things like depositions and filing fees. For instance, under malpractice laws, a successful plaintiff cannot recover costs for expert witnesses, which in some cases can run higher than the damages awarded.
The ruling is important because, under an elder abuse claim, a successful plaintiff can get the losing party to pay for all out-of-pocket expenses, which can cover investigation costs and the cost of expert witnesses.
Do you believe that a loved one has been the victim of elder abuse? The law firm of Mushkatel, Gobbato, & Kile, P.L.L.C. would like to hear from you. We can answer your questions and discuss your legal options. Our attorneys and staff are dedicated to making your legal needs our top priority. Contact us at (480) 467-3434 or contact us online to set up your consultation today.
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About the Author
Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.
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