As our elderly population continues to grow, resident care in Arkansas nursing homes has worsened. As a result, more nursing home residents will suffer needlessly, and some will die.

The state's nursing homes are dangerously understaffed, and it shows. According to a recent federal report, most nursing home residents need about three hours of hands-on care each day – but in Arkansas, nursing homes average just two hours a day. As a result, residents are needlessly suffering and nursing homes are being cited more often for numerous deficiencies. According to a recent federal publication, there has been an increase in violations in a staggering seven out of ten care categories in Arkansas nursing homes. What is even more frightening is that the number of abuse complaints to the State Attorney General's Office had increased by more than 400% last year.

For nursing home residents and their families, the increases are troubling. But the stories behind the numbers are worse. Cases in our office have found:

• Nursing home residents forced to lie in their own waste for several days.
• Bedsores and unexplained bruises.
• Cries for assistance going unanswered through the night.
• Residents breaking bones in accidents that could have been avoided.

When such needless tragedies occur, many families find themselves with no options except to seek justice through the court system. It's a tough, emotional decision that can often tear a family apart. Most people don't start out with a lawsuit in mind; they simply want answers. “Why did she fall from bed? “Why did he lose so much weight?” “Where did all those bruises come from?”

Sometimes the answers only bring more questions. Sometimes they lead to a dead end. For those families who have exhausted all other options, only a lawsuit will help them find out what really happened to their loved one. Once that decision has been made, what next? How should you choose an attorney?

Perhaps the most important factor is experience. Look for an attorney who has handled similar types of cases. Find out whether the attorney is looking for a quick settlement – or whether he or she will fight for the rights of your loved one. That's an important question. If the nursing home or its insurance company knows that your lawyer is not prepared to fight all the way to the jury box, then he or she may not be able to secure the true value of your claim.

Nursing home cases often require months of research. Make sure your lawyer is willing to invest the time and resources necessary to properly prepare your case for trial.

Check the track record of the attorney. First, ask friends and neighbors. Second, call the Arkansas Bar (501-682-6849) and ask them for information about the attorney. Third, and most important, ask questions of the lawyer:

“Has your firm ever tried a nursing home case? What were the results?”

“How many nursing home cases have you handled, and how many have you settled?”

“How many people on your staff can you devote to a serious case?”

When you have to go to court, you want someone with you who has been there before. Protecting someone you love is tough enough. Choosing the right lawyer doesn't have to be.

Brian Reddick is a lawyer with the law firm of Wilkes & McHugh, P.A. The firm represents nursing home residents in Arkansas and throughout the Southeast. He can be reached at 1-800-255-5070.

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