Nursing Home Negligence and Abuse

Little Rock Nursing Home Negligence and Abuse Attorneys

Little Rock Nursing Home Negligence and Abuse Attorneys

Aggressive advocacy for clients injured because of nursing home negligence and abuse throughout Arkansas

The job of the nursing home administration and staff is to keep your loved one safe and provide the medical care they need whether they are elderly, or a vulnerable adult. When nursing home negligence or abuse occurs at the hands of those who are supposed to protect residents from harm, it can be both saddening and infuriating.

At Bailey & Greer, PLLC, our compassionate nursing home injury attorneys are here to protect your loved one’s rights to live without fear or abuse, neglect or any other kind of mistreatment. We hold nursing home administrators and staff accountable for the pain and injuries their mistreatment has caused. You are welcome to schedule a free consultation to discuss your case with a Little Rock nursing home abuse lawyer today.

What is nursing home abuse?

The World Health Organization (WHO) defines elder abuse as “a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.” Elder abuse can be verbal, physical, psychological, emotional, sexual or financial. Neglect, whether it is intentional or unintentional is also abuse.

The National Council on Aging (NCOA) reports that 1 in 10 people over the age of 60 will suffer some form of abuse. There is no set statistic for how many people are abused in nursing homes, but the NCOA estimates that only 1 in 14 cases is ever reported.

Reports of nursing home abuse in Arkansas

So, what does that mean for Arkansas? According to the 2018 Statistical Report Summary provided by the Arkansas Department of Human Services, there were 3,092 complaints registered concerning endangered adults between Jul 1, 2017 and June 30, 2018:

  • 1,297 involved self-neglect
  • 1,266 involved caregiver neglect
  • 555 involved exploitation
  • 234 involved mental/ psychological abuse
  • 320 involved physical abuse
  • 59 involved sexual abuse

If NCOA is correct, then multiple each of these numbers by 14.

Arkansas nursing home quality

Public advocacy group, ProPublica, publishes an online report called Nursing Home Inspect, which is updated regularly. It is an online tool that the public can use to identify nursing homes which have had their deficiencies cited by federal regulators. Nursing Home Inspect reports that of the 230 nursing homes included in Arkansas, 105 of those homes have been cited with serious deficiencies, and among them paid $3.46 million in penalties. Thirty-four facilities have had payment suspensions, seven facilities met the criteria for being a special focus facility because of their history of serious quality issues, but only two of them have been flagged.

Nursing Home Inspect also rates the facility’s deficiencies by severity with letter ratings from A, being the least serious with no actual harm done to a patient, to L which is the most serious rating and poses immediate jeopardy to resident health or safety. Arkansas nursing facilities received 2,466 E ratings, 1,038 D ratings, 234 B ratings and 11 L ratings, which is the most serious deficiency.

If you are considering moving a loved one into an Arkansas nursing facility, or moving from one facility to another, Nursing Home Inspect makes it easy to discover which facilities are the safest and have the least

What are the signs of nursing home neglect or abuse?

The National Institute on Ageing reports the following as some of the signs of elder abuse:

  • Seems depressed or confused
  • Unexplained weight loss
  • Displays signs of trauma, like rocking back and forth
  • Becomes withdrawn
  • Has unexplained bruises or scars
  • Looks messy or disheveled
  • Develops bed sores or other preventable conditions

One of the reasons nursing home abuse flourishes is because it is not being reported and the perpetrators count on the victim’s silence.  If you see something say something. Report the abuse you witness or suspect immediately.

What can you do if you have witnessed or become aware of nursing home abuse in Arkansas?

There is an Adult Protective Services law which varies by state and some criminalize specific acts of elder abuse. Under Arkansas law, AR Code § 5-28-101 (2017) “It is unlawful for any caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter.” Penalties include a Class D felony for abuse that causes a serious injury or risk of death and a Class B misdemeanor for causing physical injury. For financial exploitation, there are fines from $200 and a Class A misdemeanor to $2,500 and a Class B felony.

There are also a federal statutes, Civil Financial Exploitation A.C.A. § 9-20-103  (2016) and Civil Elder Abuse A.C.A. §§ 12-12-1701 through 12-12-1723 (2017) to protect elders from those who would abuse or exploit their vulnerabilities.

To report elder or nursing home abuse, the Arkansas Department of Human Services, Adult Protective Services (APS) has an elder abuse hotline: 1-800-482-8049. APS is required by law to investigate the abuse, mistreatment and exploitation of people over age 18 who are mentally or physically impaired and unable to protect themselves, or are endangered, which means they are in a situation or condition that poses a danger to themselves and they do not understand the consequences of remaining in the circumstance or condition.

The Office of Long-term Care addresses complaints for individuals who live in long-term care facilities.
Elder Abuse: Domestic/Community 1-800-332-4443 or 1-800-482-8049
Arkansas Adult Protection Services
Nursing Home Abuse/Long Term Care
Office of Long-Term Care Investigations: 1-800-582-4887
In Pulaski County: 501-682-8425
Fax: 501-682-1967, Attention Complaint Unit

How can a Little Rock nursing home abuse attorney help my case?

Once you have reported the nursing home abuse or neglect to the nursing home administration, and the local Adult Protective Services office, if your loved one has suffered a serious injury and emotional trauma, you may wish to contact a Little Rock nursing home abuse lawyer to discuss your case and discover your legal options. With more than 30 years of legal experience, our personal injury attorneys are here to fight for your loved one’s right to recover compensation for their injuries. Our nursing home abuse attorneys will investigate the incident and ensure that the appropriate authorities are informed about what has occurred, which might cause the facility to incur fines, and the perpetrator may face criminal and civil charges.

Our nursing home attorneys can help you by fighting for your rights and preparing a compelling case for compensation on your loved one’s behalf.

Schedule a free consultation with our Little Rock nursing home neglect attorneys today

Discovering that your loved one has been neglected or abused by the nursing home staff that was supposed to be caring for them and keeping them safe, it can fill you with anger and sadness. If you want to pursue justice on your loved one’s behalf, contact a Little Rock nursing home abuse attorney from Bailey & Greer LLP, today. We understand your anguish and frustration and we are here to advocate for the rights of vulnerable elders. Our office is just 5 mins walk from Little Rock Zoo by the Park Plaza Mall, you may call 501-213-1512 or complete our contact form to schedule a free consultation to discuss your case.