Questions About Nursing Home Abuse

Little Rock, Arkansas

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Q: I’m afraid the nursing home will retaliate against my loved one if I complain. How can I prevent that?

Although it is illegal for a nursing home to retaliate against any person for complaining about abuse or neglect, it happens. The first thing to do is to make sure you make your complaint to the facility in writing, and date and keep a copy. Report your complaint and fears to your relative’s doctor, and call your state nursing home ombudsman. If you fear for the safety of your loved one, you may have to move him or her to another nursing home.

For legal questions or advice, contact a nursing home attorney with the Duncan Firm.

Q: What is negligence and how do I prove it?

Negligence is basically carelessness. In order to prove negligence, the law requires that you must show that the person who caused you injury was obligated under the law to be careful under the circumstances; that the person failed to do so, and that this failure led to injuries that caused you suffering. Doctors and licensed care facilities are required by law not to be negligent in carrying out their duties.

Q: Can a nursing home be held negligent if an injury is found?
Yes. Nursing homes are held accountable to similar standards of care that you would expect from any hospital or other health care facility. Nursing homes can be held liable for negligence, and you can seek financial compensation for damages suffered because of that negligence to you, a family member, or a loved one.

Q: What is my nursing home claim worth?

Each case is different and dependent on its own facts. It is impossible to answer such a question until the facts of the case have been thoroughly reviewed and the injured person has finished medical treatment. However, do not delay seeking legal advice until treatment is finished.

Q: How long does it take to settle a nursing home claim?

Each case is different and how it is handled depends on the facts of the case, the injuries, and the parties involved. Generally, the more complicated the case, the longer it takes to settle. Also, the settlement process can't even begin until the injured person's medical treatment is finished. The cost of the medical treatment will be a factor in any settlement.

Q: Will I have to go to court?

Each case is different and how it is handled depends on the facts of the case, the extent of injuries, and the parties involved. Most of the time parties will attempt to settle a case rather than go to trial. It’s hard to know in advance, however, if this will be successful or if the case will end up in court.

Q: How long do I have to file a claim?

A person must file a lawsuit within a certain amount of time after the injury or death under what are known as statutes of limitation. These statutes vary from state to state and depend on the type of injury, the state where it occurred, the state where the lawsuit is filed, the age of the person bringing the suit, and whether the suit includes a wrongful death claim. In Arkansas, the statute of limitations for a personal injury or wrongful death lawsuit filed by an adult is 3 years. Obviously, the sooner you seek legal advice for suspected abuse or neglect, the better.

Q: Can Medicaid or Medicare patients be treated differently?

No. If the nursing home is certified, it agrees to treat every resident equally once admitted, regardless of financial source of payment (private pay, Medicaid, Medicare, etc). It must promise all applicants and residents, along with federal and state governmental entities, that the home will comply with federal and state regulatory standards relative to nursing home care.

Q: How much will filing a lawsuit cost me?

Nothing. The Duncan Firm will provide you with a free consultation. If the firm agrees to accept your case, it will work for free on your behalf. If the firm is successful in obtaining a monetary settlement or jury verdict, it will retain a portion of the proceeds as payment for its services.

Q: Who else can help me advocate for my loved one?
Under the federal Older Americans Act, every state is required to have an Ombudsman Program that addresses complaints and advocates for improvements in the long term care system.

To find the ombudsman nearest you, contact your State Ombudsman office.

An Ombudsman is an advocate for residents of nursing homes, board and care homes, and assisted living. They are trained to resolve problems. If you want, the ombudsman can assist you with complaints. However, unless you give the ombudsman permission to share your concerns, these matters are kept confidential.

For more information, please see Assisted Living & Adult Care Information and Signs of Abuse or Neglect.

A nursing home attorney at the Duncan Firm can advise you as to your legal rights and options involving suspected abuse or neglect. If you would like to schedule a no-cost personal consultation, please call or email our law office today. We proudly serve all of Arkansas.