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NURSING HOME ABUSE Nursing home abuse is a variation of medical negligence, which also gives rise to claims under the elder abuse statutes, as a related but independent claim. As indicated above, elder abuse cases involve the higher duty of a fiduciary (a person in a position of trust) as to the “vulnerable” or “incapacitated” adult, pursuant to Arizona Revised Statutes § 46-451, et seq. In a nursing home situation, the nursing home employees, etc., are generally in a position of trust and confidence as to the patients they care for. If the nursing home employees, etc., neglect their patients, causing harm, and thereby breach their fiduciary duty to care for the nursing home patients, they can be responsible in a civil action for damages up to three times the amount of the actual damages, pursuant to A.R.S. § 46-456(C). |
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