When your loved one has been the victim of negligence in Arkansas, it is important to be proactive and get help as soon as possible. Nursing home abuse lawyers can meet your needs and provide you with professional legal advice to represent your loved one in a negligence case. The Nursing Home Reform Act and Arkansas statutes currently govern nursing home negligence cases in the state.
Know Nursing Home Resident Rights
If your loved one is in a nursing home, it is important for you to know about the rights that he or she has under federal and state law. If nursing home professionals fail to protect these rights or violate them in some way, then you may have a private cause of action against a nursing home facility. The following are a list of the rights that nursing home residents in Arkansas have:
- Right to good care and safety
- Right to live in clean premises
- Right to be free from drugs that alter one’s behavior for no medically-related reason
- Right to have a say in one’s plan of care
- Right to be free from involuntary seclusion
- Right to privacy and to have confidential medical records
- Right to maintain one’s personal belongings in a nursing home without interference
If nursing home professionals do not treat your loved one with the utmost care, respect and dignity, then you have a right to file a complaint on behalf of your loved one.
Signs of Injuries of Your Loved One
If you begin noticing injuries on your loved one, then you will only have a period of three years to get in touch with an attorney from the date of discovery of injuries. Arkansas has a three-year Discovery Rule, and private causes of action for negligence or wrongful death must be filed within this period of time.
There may be physical signs of nursing home abuse on a loved one, such as burns, abrasions, bruising, open wounds, infections or scratches. In addition, nursing home residents may show signs of exploitation or emotional abuse. If a loved one is withdrawn, shows signs of sadness, has high anxiety levels or communicates feelings of isolation, then he or she may be the victim of emotional abuse of a nursing home staff member. Family members should also pay attention to subtle signs of abuse which may include lost or stolen personal items, strange behaviors, frequent illness, heavy sedation or an inability to express one’s self around nursing home staff members.
Contact An Arkansas Nursing Home Lawyer Who Can Help You
Every nursing home professional has a legal obligation to deliver care to nursing home residents, and serious issues arise when this obligation is not met. Our attorneys are here to help families and residents throughout the State of Arkansas in such areas as:
If you suspect that a loved one has been the target of nursing home abuse, neglect or exploitation, then get in touch with a nursing home lawyer today. Nursing home law firms can schedule a free consultation appointment to discuss your loved one’s situation today.
1. AR Medicard patient rights-http://www.daas.ar.gov/pdf/ar_nursing-home_consumer-guide.pdf
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 3 years with Discovery Rule. (Arkansas Code, Title 16 (Practice, Procedure, and Courts) Subtitle 5 (Civil Procedure Generally), Chapter 56 (Limitations of Actions), Subchapter 1 (General Provisions – §16-56-105 – Actions with limitation of three years)
- Medical malpractice – 2 years from date of malpractice. If discovery of foreign object occurs after 2 years, plaintiff has 1 additional year to bring claim. Minors under age nine have until age eleven. (Arkansas Code, Title 16 (Practice, Procedure, and Courts), Subtitle 7 (Particular Proceedings and Remedies), Chapter 114 (Malpractice Actions), Subchapter 2 (Actions for Medical Injury) – §16-114-203 – Statute of Limitations)
- None. Arkansas Constitution, Article 5 (Legislative Department, Section 32 (Workmen’s Compensation Laws – Actions for personal injuries))
STATUTE OF LIMITATIONS
- 3 years. (Arkansas Code, Title 16 (Practice, Procedure, and Courts) Subtitle 5 (Civil Procedure Generally), Chapter 62 (Survival and Abatement of Actions) §16-62-102 – Wrongful death actions – Survival)
- None. Arkansas Constitution, Article 5 (Legislative Department, Section 32 (Workmen’s Compensation Laws – Actions for personal injuries)