APSA Under Fire: When Medical Negligence Crosses the Line

In recent years, APSA fraud has emerged as a disturbing trend in medical malpractice and elder abuse cases. The Arizona Adult Protective Services Act (APSA) was designed to protect vulnerable adults from abuse, neglect, and exploitation. However, as the case involving Modern Vascular highlights, accountability under APSA is anything but automatic, even in the face of troubling allegations.

Modern Vascular, a large national medical group, came under federal investigation after a whistleblower lawsuit alleged that it encouraged unnecessary and invasive procedures to defraud Medicare and TRICARE. Physicians were allegedly offered financial incentives to refer patients and meet aggressive surgical quotas. Despite these accusations, when a 69 year old woman died following an unnecessary vascular procedure, her family’s APSA claim was ultimately denied.

Why? Because the court ruled she did not meet the legal definition of a “vulnerable adult” under APSA, despite her age, disability, and health history. The court emphasized her ability to drive, manage finances, and sign consent forms, overlooking the unequal power dynamic between patient and provider.

This narrow interpretation of APSA’s practices leaves many victims without legal recourse. At our firm, we believe this must change. Vulnerability isn’t just about physical impairment, it’s about trust exploited by those in power.

If your loved one has suffered due to deceptive medical practices, don’t wait. APSA claims are complex, but we can help. Contact our office today for a free consultation. Protect your rights, demand accountability, and let us fight for the justice you deserve.