legal resources necessary to hold negligent facilities accountable.
Arkansas Nursing Home Injury Settlements (How to Value Your Case)
The Nursing Home Law Center LLC has some of the most acclaimed attorneys to tailor its practice to the representation of Arkansas nursing home residents who have suffered abuse or neglect at a skilled nursing facility. We stand up for them when they cannot stand up for themselves and we see the need. Everyday more and more stories come to the surface about their mistreatment in so many different ways.
This affects not only their physical health and wallet but also their sense of wellbeing and dignity. Generally, the most typical kinds of injuries they sustain which leads to legal action are falls, abuse, and bed sores. However, we have seen cases that deal with entirely different facts and circumstances.
Therefore, if your family member been harmed in a different capacity, give a nursing home abuse attorney from our office a call today and we can figure out if you have a viable case and give you an idea as to how the case may be valued.
Why do Arkansas Nursing Home Settlements and Jury Verdicts Differ in Size?
They offer a wide glimpse into nursing home litigation across Arkansas. However, to truly understand these cases (be in jury verdict or settlement) and to realize their relation to your incident, remember these points as you review them and your own circumstances:
- How was the resident damaged? Physically? Emotionally? Mentally? Financially?
- What were the direct and indirect expenses (medical bills and expenses) that the incident created for the resident?
- Did the resident (plaintiff) have any prior health conditions that contributed to the incident?
- What law, rule, doctors’ instructions, or regulation did the nursing home staff break? (Expert testimony can instructive on this)
- Have other plaintiffs sued this particular nursing home for similar acts of negligence or misconduct?
- Are punitive damages available?
- Did the nursing home (defendant) have insurance for this kind of incident?
If you or a loved one was the victim of misconduct in one of these care facilities, then give us a call immediately. We will screen your case for free and without obligation.
Then, we can bring a lawsuit on your behalf and on contingency so that you won’t have to pay for a dollar of expenses or fees unless we’re successful. Contact us now to learn what recovery is awaiting you!
- Arkansas Fall Cases
- Arkansas Bed Sore Cases
- Arkansas Abuse Cases
- Arkansas Negligence Cases
Types of Abuse & Neglect Found in Arkansas Nursing Homes
The Centers for Disease Control and Preventionreports that more than 1.4 million people are currently living in 15,600 nursing homes in the United States. Nearly 70% of these are operated as for-profit facilities. According to Medicare data, almost 37% of the facilities were deemed to be below average by surveyors. This can lead to tragic consequences. Some of the most common types of abuse and neglect in Arkansas nursing home lawsuits include:
- Physical Harm: This may be an act perpetuated by home staff, other residents, or visitors to a facility.
- Unknown Fractures: When staff fail to get assistance or needed lifting equipment, patients may be dropped, suffering serious injuries. However, any fracture occurring at a nursing facility is cause for concern. In addition to the underlying circumstance, many patients suffer from serious medical complications following a broken bone.
- Sexual Assaults: Facilities have a responsibility to screen staff and residents who have a history of aggressive behavior and sexual assault.
- Medication Errors: Facilities have a responsibility to provide the correct medication and dosage as prescribed by the resident’s physician. When errors are made, patients may sustain complications or even death.
- Untimely Death: A sudden, unexpected death should always be examined to determine if there are factors involving the patient’s care that contributed to the death.
Signs of Neglect at Arkansas Nursing Facilities
You may be wondering how you can prevent the neglect or abuse of a loved one in a nursing home. Some signs of neglect or abuse include: (1) bedsores, a clear sign of neglect; (2) repeated falls or drops without safeguards implemented; (3) choking, particularly in a patient with difficulty swallowing or a limited diet; (4) dehydration or malnutrition; and (5) wandering, with no safeguards preventing patients with dementia from leaving a facility.
How Much is my Case Worth?If you suspect that a loved one has been abused or neglected in an Arkansas nursing home, you may wonder if it’s worth the hassle of a lawsuit.
Every case is different, and the value of each individual case will, of course, depend on the facts and circumstances, as well as the severity of the harm or injury to the patient. But frequently home litigation may help to change nursing home practices and procedures, as well as help pay for additional medical treatment needed as a result of the abuse or neglect.
Some things that may be used to determine the financial value of the case in both nursing home negligence and wrongful death are:
- Medical costs
- Pain and suffering of the patient and family
- Disfigurement or disability
- Loss of income
- Loss of normal life
- If punitive damages are available
- Survival damages, in the case of wrongful death
Arkansas follows the “modified comparative negligence rule.” This means that if a plaintiff is found to be partially negligent with respect to their injuries, damages can be reduced proportionately. Fortunately, in Arkansas there are no caps on damages recovered in a medical malpractice suit.
Some additional factors may affect the value of an Arkansas nursing home abuse and neglect case, including the age of the patient; the ongoing conduct of the facility; whether an insurance company in engaged in negotiations; and family care and involvement. Generally, younger and healthier patients may recover more than an older patient with multiple chronic illnesses. Similarly, a family that is more involved in the care of an elderly patient will generally be better received in court.
You can review some of our more specific case settlements as well.
If you believe your loved one has been abused or neglected in an Arkansas nursing facility, please contact us. We can help you determine if you and your loved one might be entitled to relief under Arkansas law.