Friday, 21 May 2010 12:44

Nursing Home Neglect and Abuse

Written by Law Offices Of Gary Green

Nursing home cases are some of the most difficult cases we encounter. They are onerous because of the complexities that arise and the vigorous and expensive defenses mounted by the large corporations that own the nursing homes. On a more personal level, they are also among the most difficult cases because we relate to the victims of nursing home abuse and neglect. We relate to the families who are saddened and guilt ridden by being forced into the position of confronting the abuse and neglect on behalf of their loved one and for those who follow.

We field so many calls regarding nursing home abuse and neglect that we know that callousness, under staffing, negligent hiring, negligent supervision, negligent retention, and greed are pervasive. As much as we would like to, we cannot help everyone who calls us.

Sometimes the suspected negligence is not negligence at all. Sometimes negligence exists, but the condition of the victim was such that a bad result would have occurred anyway. Sometimes negligence exists, but the cost of proving it in court would outweigh the anticipated jury verdict. Generally, a claim or litigation is only recommended when the victim of negligence is permanently in a worsened condition than before the negligence occurred. For instances of abuse or neglect that do not result in permanent damage, we recommend vigorous prosecution in the criminal courts if warranted, and complaints to the state’s Office of Long Term Care or other agencies that regulate and investigate nursing homes.

Watch out for unexplained injuries, bedsores, or the use of a catheter or psychotropic drugs without a corresponding doctor’s order. Be aware that the statute of limitation applied to nursing homes can be tricky. Short medical negligence statutes of limitation apply in some situations, while longer ordinary negligence or even contract statutes of limitation apply in others. We recommend filing a case within the shorter medical negligence statute of limitations whenever possible, but we will consider taking on a case, in some instances, after the medical negligence statute of limitations has expired.

Nursing homes in the State of Arkansas are no longer required to carry liability insurance. Before placing a loved one in a nursing home, investigate the home fully. Below are a few helpful links that will assist in your research:

If you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.