At Batista LeRoy LLC, we find that many of our clients in the areas surrounding Bentonville, Arkansas, have questions regarding what type of claims can be brought against nursing homes. Many Arkansas residents, find that their loved ones have suffered falls, decubitus ulcers, malnutrition, dehydration and medical errors, while they are residents nursing homes.

In the state of Arkansas, there are five types of claims which our clients can potentially bring. First and most common, is a medical malpractice claim under the Arkansas Medical Malpractice Act. This claim requires expert testimony to establish a breach of the standard of care by the nursing home or its employees and that the treatment by the nursing home caused their loved ones injuries. The second is an ordinary negligence claim which is based on the failure of the nursing home to meet the basic needs and provide basic services to its residents. The third is called negligence per se based on the violation of the federal OBRA regulations. The fourth is the violation of the Arkansas Long Term Care Residents Rights Act, these claims involve specific violations which are outlined within the statute. The fifth is known as institutional liability, which includes corporate negligence and vicarious liability for the failures of employees and staff of nursing home. At Bautista LeRoy LLC, we meet with the families to discuss the specific facts of their case and determine which one of these five potential claims can provide the best chance to recover money for their loved ones.

Over the last twenty years, we find that the most common and successful claim is a medical malpractice lawsuit against a nursing home. In order to establish that claim a plaintiff must demonstrate the following elements: (1) the existence of a duty owed by the nursing home to the resident; (2) breach of the applicable standard of care; (3) proximate causation linking that breach to the injury; and (4) actual damages resulting from the breach. The plaintiff must establish these elements through expert testimony. Arkansas law requires that the expert have the same or similar degree of skill and knowledge used by members of the profession of the nursing home in good standing in the state of Arkansas. This expert must testify that the nursing home or its employees failed to act in accordance with that professional standard. Further the plaintiff must demonstrate that as approximate result of the malpractice that their loved one suffered injuries that would not otherwise have occurred. Arkansas does not require “magic words” for expert opinions on proximate cause and causation can be shown through circumstantial evidence if the facts are proved of such a nature and are so connected and related to each other that a conclusion may be fairly inferred without additional evidence. That said many nursing homes challenge the qualifications of plaintiffs expert witnesses and argue that the residents underlying medical conditions have made the injuries suffered due to a fall, pressure ulcer or misdiagnosis unavoidable. This is why families often seek our help, without a skilled attorney, many medical malpractice cases never reach a jury and are lost on summary judgment.

If you have additional questions about a potential claim against a nursing home, give Bautista LeRoy, LLC a call at 479-208-6614. We are happy to help you with any potential claims.