Nursing home cases are some of the most
difficult cases we encounter. They are difficult because of the complexities
presented and the vigorous and expensive defenses mounted by the large
corporations that own the nursing homes. But, on a more personal level, they
are among the most difficult because we relate closely 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 for the benefit of their loved one and for those who follow.
We field a lot of calls regarding nursing home abuse and neglect. So many
that we know that callousness, under staffing, negligent hiring, negligent
supervision, negligent retention and greed are pervasive. We can’t help all
who call 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 in situations where the
victim of negligence winds up permanently worse off 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 agency which regulates and investigates 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’ll consider taking on a case, in some
instances, after the medical negligence statute of limitations has
expired.
The non-attorney nursing home advocate for Law Offices
of Gary Green is Teri Boatman,
teri.boatman@ggreen.com, 1-888-442-7947.
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:
