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Frank Bailey
Frank Bailey
Contributor •

Nursing Home Litigation

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Nursing home cases in Arkansas present unique problems. Many nursing homes no longer carry liability insurance and have mortgages and liens against their assets, making collection of any judgment next to impossible. After a series of large verdicts here in Arkansas the homes could no longer afford to carry liability insurance.

Unless the offending nursing home is part of a national chain or has liability insurance, collection of a judgment is a challenge for the resident’s attorney. We have been successful in the past in settling lawsuits against homes with no insurance, but often these cases settle for less than the full value of the case.

My advice in selecting a nursing home for your loved one is to inquire about their history of lawsuits in the past. One good source is the Medicare website, Nursing Homes Compare. This site allows you to look at the quality of care the particular home has provided in the past, together with any complaints against the home.

The bottom line is to thoroughly check out a home before placing a loved one there. Often families discover poor care only after it is too late.