Arkansas is no stranger to abuse and bed sores amongst the elderly. When our nursing home abuse lawyers meet and speak with these victims, we try and explain to them the rules and structures that their cases will take place in. We do this to illuminate the possibility, kind, and amount of damages that are available to them and to instruct them about their case will develop. In this vein, the following sections outline some important elements of elder abuse and bed sore cases in the State of Arkansas. Our goal with this information is to help you maximize the value of your bed sore case.
Arkansas Arkansas residents might be surprised to learn that even if they want to bring a lawsuit for elder abuse or a related injury, they may not be allowed to. This is because Arkansas has rules that deny citizens the right to bring actions if they are after a set amount of time following the incident. Here is that amount of time in this state:
1 year for injury and 2 years for medical malpractice according to Ark. Code Ann. § 16-56-104 and Ark. Code Ann. § 16-114-203(a), respectively.
“The following actions shall be commenced within one (1) year after the cause of action shall accrue and not thereafter:
All special actions on the case;
Actions for:
All actions for words spoken slandering the character of another;
All actions for words spoken whereby special damages are sustained; and
All actions for damages suffered by a consumer as a result of any act or omission of a home inspector relating to a home inspection report… (a) Except as otherwise provided in this section, all actions for medical injury shall be commenced within two (2) years after the cause of action accrues.”
Many people ask us what kind of recovery they could obtain through an eldery abuse or bed sore lawsuit. One thing they do not realize is that the end of their cases are often defined by the beginning of their cases. By this, we mean that you need to pay particular attention and time to evaluate the kind of case that you bring because that will seriously impact the compensation that is possible for you. Here are the kinds of lawsuits that are most commonly associated with elderly abuse and bed sores:
Negligence: Arkansas negligence causes of action are very common and very easy to understand. Here, plaintiffs complain that defendants acted unreasonably in the circumstances and that that consequently caused the former injury and damages that the latter is legally responsible to repay.
Medical Malpractice: If plaintiffs in Arkansas can prove that health care providers failed to meet a specific medical standard and that that failure led to their injuries, then they will be able to prevail upon a medical malpractice action. Often, bed sores and elderly abuse are signs of medical malpractice and inspire these cases.
Wrongful Death: If people in Arkansas die from injuries related to elderly abuse or bed sores, then their loved ones could be able to bring a wrongful death lawsuit for the related damages.
Many victims of elder abuse, bed sores, and medical misconduct are nonplussed when they sit through their trial or speak with their lawyer and try to figure out what is going on. To understand what your attorney is trying to and what you need to do to be successful, you need to look at a short and clear list of elements that you must demonstrate through your case. They vary according to the kind of case that you bring, but here are the components of each of them:
Negligence CasesArkansas nursing home lawyers have a responsibility to inform their clients about every aspect of their case. This obviously extends to what they are going to do to make their argument but it also requires them to explain what the defense might do as well. Here are the most common arguments that we see defendants make in elder abuse, bed sore, medical malpractice, and similar suits:
Pre-Existing Injuries: Defense lawyers pull out every card to convince the jury that they did not do it and this often involves things in your past including pre-existing injuries.
Lack of Misconduct: What did we do? This is a defense that many of us at any early age learn and adopt. It also regularly finds it way into these breeds of cases when defendants raise the objection that they did nothing wrong or they did nothing outside the law. Additionally, they also use a variety of this claim when they state that the plaintiff’s injury would have occurred regardless of what they had done.
Amount of Damages: Almost instantly after you file your complaint, smart defendants will disagree with the amount of damages at stake in the dispute.
Plaintiff’s Conduct: The common reply that defendants offer to a plaintiff’s case is that the plaintiff was responsible for his or her injuries and that the latter should not be permitted to bring a case to recover for the resulting damages.
Many people across Arkansas think that once someone injures them they have a case. We try and explain to them that they must go one step further and illustrate how this injury-be it elder abuse, bed sores, or anything else- led to some tangible or intangible loss. This might be hard in some cases but the good news is that in many other cases there are common and consistent indicators of damage, such as the following:
All the medical bills, prescription bills, rehabilitative bills, and other costs associated with your recovery.
All lost income or wages that you sustained because of the incident.
Any property damage that you incurred because of the incident.
Any decreased quality of life that you can prove (i.e. if you can no longer do things you used to or enjoy things to the extent that you used to before the incident).
Any expenses, lost support, lost companionship or other losses associated with the death of a loved one because of the incident.
This is just the beginning. We find a myriad of forms of damages in all the cases that we work on but these are a good place to start looking when you begin your investigation. They can be broadly classified as economic, non-economic, or wrongful death damages. However, only until you speak with us and our team of experienced lawyers can you completely understand what kind of damages and compensation exists in your case. Our office can assist you with bed sore lawsuit anywhere in Arkansas including the following cities: Little Rock, Fort Smith, Fayetteville, Jonesboro or Springdale.
Here is a list of things to take note of or gather for cases related to elder abuse, bed sores, and similar lawsuits:
Any evidence of bills for medical treatment that the incident caused you as well as any incidental expenses.
Any evidence of lost income or wages as well as property damage because of the incident.
A list of all medical providers seen as well as any instructions or notes that they gave you or made that you can gather.
A list of all nursing homes, clinics, hospitals, or other facilities that you stayed at as well as the dates that you stayed at them.
Any evidence of your condition before the incident.
Any evidence of your condition after the incident.
Any evidence of misconduct by the person who caused the incident.
Any evidence of abuse/neglect including bruises, wounds, sores, dehydration, malnutrition, weight fluctuations, medication gaps, etc.
Any evidence of financial manipulation: modifications to estate documents such as wills, transfer of title of assets and bank accounts, disappearance of monies, etc.
For bed sores, evidence of broken skin, pigment discoloration, crater-like abscesses, and even exposed bones/muscles/tendons.
For elder physical abuse, evidence of unexplained injuries, signs of restraint, broken property, inability to visit the victim, etc.
“How much is my elderly abuse case worth?” This is a question victims all over Arkansas ask us early and often when we work with them. They suffer from abuse, bed sores, malnutrition, and other things. Their expenses are nearly as big or even greater than their suffering. Therefore, maybe it should not be so surprising that they normally also concern with the nature of their case.
They want to know how we will manage it and how we will manage it differently than other firms. First, we tell them what we will tell you and any other prospective client, you can count on the following things:
Experience: We will make sure that only our most qualified and experienced attorneys manage your case through its entirety.
Resources: We will invest all resources necessary to ensure that your compensation is maximized and we will never ask you for a dime until we bring you an acceptable jury award or settlement amount.
Access: At all times throughout the case, we will make attorneys available to you so that your questions are answered and you are informed of what exactly is happening.
No Conflicts: We will promise not to represent nursing homes, hospitals, doctors, medical facilities, insurance companies, or any other related party because we believe in representing their victims and not their friends.
What you should gather from this is that we will take total control of your case and put every ounce of our resources to ensure you receive the award or settlement that you deserve.
To report suspected elder abuse, neglect, or exploitation in Arkansas:
Contact us today if you have been the victim of elder abuse or bed sores.
Arkansas may not have one of the largest populations of elderly residents but it still sees a lot elderly abuse cases. Many of its older residents experience neglect, improperly medical treatment, bed sores, physical or sexual abuse, and other violations. These can take place in a variety of settings including hospital, nursing homes, and private homes. But wherever they occur, victims must recover that they can often recover for these injuries through the legal system. However, even before we explain to Arkansas elderly abuse victims the nature and process of their cases, they normally ask “So what are Arkansas elder abuse cases worth? or “What are Arkansas bed sore cases worth?” They do this quite practically to see if all of the time and attention is worth it. To see if they should fight or move on. Therefore, we wanted to show you what plaintiffs in Arkansas normally obtain through litigation. This is not a complete answer to what your compensation might be, though, because to do that one of our experienced attorneys would need to speak with you about the specifics of your case.
Plaintiffs’ Recovery in Elder Abuse CasesHere is the breakdown of what plaintiffs in Arkansas obtained for elder abuse cases:
Here is the breakdown of what plaintiffs in Arkansas obtained for nursing home abuse cases:
Here is the breakdown of what plaintiffs in Arkansas obtained for bed sore cases:
Compared to the national average, Arkansas elder abuse plaintiffs recovered about $50,000 more in compensation.
Compared to the national average, Arkansas nursing home abuse plaintiffs recovered about $140,000 more in compensation.
Compared to the national average, Arkansas bed sore plaintiffs recovered about $30,000 more in compensation.
Compared to the national average, Arkansas elder abuse plaintiffs recovered nothing 18% less than others.
Compared to the national average, Arkansas nursing home plaintiffs recovered nothing 14% less than others.
Compared to the national average, Arkansas bed sore plaintiffs recovered nothing 31% less than others.
Compared to the national average, Arkansas elder abuse plaintiffs recovered more than $1,000,000 15% more than others.
Compared to the national average, Arkansas nursing home plaintiffs recovered more than $1,000,000 9% more than others.
Compared to the national average, Arkansas bed sore plaintiffs recovered more than $1,000,000 15% more than others.
NAME: JERNIGAN VS. SALEM PLACE NURSING HOME
YEAR: 1995
TYPE/INJURY: NEGLECT; DEATH
AWARD: $425,000
This tragic case ended in the death of a nursing home resident in his eighties after he was left out in the cold all night. His representatives sued the defendant facility for wrongful death and negligence, arguing their acts caused his death. The defendant denied this reasoning and replied that his death was the result of an unrelated medical issue. However, its resolve was not unlimited because they eventually settled for $425,000.
NAME: TAYLOR VS. ST. VINCENT INFIRMARY MEDICAL CENTER
YEAR: 2011
TYPE/INJURY: BED SORES
AWARD: $266,000
This case kicked off with a fairly isolated incident but then was exaggerated with a series of neglectful actions. A man in his middle eighties fell out of his bed and broke his hip while at a medical facility. However, staff did not notice this for hours or the bed sore that consequently developed. This misconduct caused the man extraordinary distress, pain, and anguish. He sued the hospital for damages related to these injuries and received a $266,000 jury award.
NAME: JONES VS. ADVOCAT INC.
YEAR: 2000
TYPE/INJURY: BED SORES
AWARD: $3,000,000
This matter involved a rather extraordinary controversy surrounding a nursing home and one of its residents. While living there, the 94-year-old suffered bed sores, broken bones, malnourishment, and neglect. It got so bad that she had to have amputations to both of her legs. She sued the nursing home and claimed that the defendant facility completely failed to afford her with the care that she deserved. Specially, the plaintiff pointed to the defendant’s faulty system of hiring and training employees, noting that some did not have proper licenses. Ultimately, she recovered $3,000,000 in court-$2,000,000 for punitive damages and $1,000,000 for pain and suffering.
NAME: COULTER VS. ROSE CARE INC.
YEAR: 2003
TYPE/INJURY: BED SORES
AWARD: $250,000
An elderly resident of an Arkansas nursing home cried foul when he had to have an amputation after his bed sores advanced so quickly that doctors could not save his leg. He sued the facility where he lived and contended that that they did not provide enough care, staff, or training to ensure that their patients-namely, him- did not develop bed sores while living there. The defendant replied that they operated within the appropriate standard and pointed to the plaintiff’s pre-existing conditions of cancer, strokes, and heart issues as the real culprit. A jury awarded the man $250,000.
NAME: MOREHEAD VS. HEALTH FACILITIES MANAGEMENT CORP.
YEAR: 2001
TYPE/INJURY: BED SORES
AWARD: $1,540,000
This case in Arkansas had a litany of charges. It arose in a nursing home and the complainant was one of the residents, a 59-year-old man recovering from a stroke. While living there, he sustained a broken hip, head contusions, and bed sores all over his body. He sued the nursing facility and argued that they failed to provide enough staff, adequately equip them, or train them sufficiently. For their part, the nursing home responded that any injuries the man sustained were due to the actions of an unrelated party. After trial on the merits, the jury awarded the man $1,540,000:
NAME: BOATRIGHT VS. HEALTH CARE CENTER AT GOOD SHEPHERD
YEAR: 2001
TYPE/INJURY: BED SORES
AWARD: $750,000
This was a bizarrely serious and violent matter. The victim was an elderly man and former minister who lived at a nursing home. He experienced bed sores all over his legs while residing there. Eventually, they got so bad that he had to have both legs amputated above the knees. Also, he suffered blows to the head that left him with black eyes. To recover for these injuries, he sued the nursing home and put several allegations in his complaint including the following: failure to hire/train/supervise employees, failure to provide sufficient medical care, and failure to provide sufficient nutrition and hydration, among others. The defendant countered all of these charge and refused to settle. Therefore, the case went to trial and was heard by a jury. After reviewing the plaintiff and defendant present their cases, it brought back a verdict for the former in the amount of $750,000 for his pain and suffering.
NAME: LEETZOW VS. ST. PAUL FIRE AND INSURANCE CO.
YEAR: 1992
TYPE/INJURY: BED SORES
AWARD: $200,000
This bed sore dispute occurred at s hospital. The plaintiff, a 77-year-old woman, was staying there for post-operative care when she developed bed sores. Subsequently, she had to undergo further surgeries to correct this development and developed long-term disabilities because of it. She sued the hospital for malpractice. In her complaint, she made the case that it should have created and implemented a plan to avoid the emergence of bed sores, that they did not do that, that they should have done that, and that that failure caused her injuries and damages. After a full trial, the jury awarded her $200,000: $50,000 for loss of services and $150,000 for punitive damages.
While there is no way reverse the neglect and poor care which likely contributed to the development of a decubitus ulcer, laws provide for families to hold responsible parties accountable. Our network of attorneys is committed to maximizing the value of your case to the fullest extent of Arkansas law. Contact our office anytime for a free review of your situation with an experience legal team.
