Arkansas Injury Lawyer Blog

The Nursing Home Reform Act of 1987 states that the resident has a right to be free from physical or chemical restraints for the purpose of discipline or convenience. Since this nursing home law was passed, the percentage of nursing home residents that are restrained has dropped. According to Medicare, an average of 21.1% of residents were restrained daily in 1991. That percentage dropped to 8.5% in 2003 and continued to drop to 5.5% in 2007. Unfortunately, according to a recent USA Today article, Arkansas is one of four states that has a greater than 10% use of restraints in nursing homes according to a 2007 report.

Fortunately, Arkansas nursing home residents’ families can access a nursing home’s quality measures through the Nursing Home Compare government website. I highly recommend that all families that have a loved one in an Arkansas nursing home review this nursing home information before placing their family member in an Arkansas nursing home. Along with use of physical restraints, the quality measures include the percentage of nursing home residents who suffer moderate to severe pain, the percentage of Arkansas nursing home residents that suffer pressure sores, the percentage of nursing home residents with urinary tract infections, and the percentage of Arkansas nursing home residents who lose weight during their residency. The review of this information is one tool that a family can use to decide where to place their family member when nursing home care is needed.

If you suspect a loved one has suffered from nursing home abuse or neglect, please contact an Arkansas nursing home abuse lawyer to discuss your legal options.

The Arkansas Supreme Court ruled February 12, 2009 that a 2007 state law which allowed charitable hospitals’ risk pools to be sued directly should be applied retroactively. For over 100 years, Arkansas has recognized the doctrine of charitable immunity. Unfortunately, this doctrine affects the rights of injured victims of hospital malpractice in Arkansas. In essence, Arkansas hospitals that are charitable are immune from suit. Fortunately, the Arkansas legislature has granted injured Arkansans the right to a sue a hospital’s insurance company directly under the Direct Action Statute. Additionally, in 2007 the Arkansas General Assembly amended the Direct Action statute to allow a plaintiff injured by malpractice to also sue any self-insurance fund, pooled liability fund, or similar fund maintained by a medical care provider. Prior to this amendment, several Arkansas hospitals attempted to undermine the direct action statute by using a risk pool instead of carrying liability insurance. This 2007 amendment was designed to stop this injustice from happening.

The Arkansas Supreme Court recently ruled that the 2007 amendment would apply retroactively to lawsuits filed before the 2007 Act was passed. Although I would prefer that Arkansas follow most other states and do away with this archaic rule, this is a small victory for injured Arkansans. If you or a loved one has suffered an injury due to malpractice in an Arkansas hospital, it is important that you contact an Arkansas malpractice attorney to discuss your legal rights.