What to Do If You Suspect Elder Abuse
When you suspect that your loved one is a victim of elder abuse in Arkansas, you may not know what to do next.
First, try to talk to the person and get as much information as possible. If the person is reluctant to speak, try asking questions in a non-judgmental way and offer to help in any way you can.
If the person confirms the abuse or if you have serious concerns, the next step is to contact adult protective services in your area. Adult Protective Services (APS) investigates suspicions of elder abuse, exploitation, neglect, or sexual abuse. You can call the Adult Maltreatment Hotline in Arkansas at 1-800-482-8049.
Additionally, national hotlines can provide information and support, such as the National Elder Abuse Hotline.
When you contact adult protective services, give as much information as possible about the situation. You might need the name and contact information of the person you suspect is being abused, as well as any witnesses or other people who might be able to help with the investigation.
It’s also important to remember that elder abuse is often a crime, so you may also want to contact law enforcement. However, it’s important to note that not all elder abuse cases will result in criminal charges. You should still contact adult protective services even if you don’t plan on involving law enforcement.
If you suspect elder abuse, don’t hesitate to take action. These steps can help ensure that the person gets the help they need and that their abusers are brought to justice.
What Types of Evidence Help Prove Elder Abuse?
Proving elder abuse in Arkansas often comes down to the quality of the evidence gathered. Many victims cannot safely advocate for themselves. Cognitive decline can make it difficult to recall details, and fear of retaliation can keep a victim from speaking up. Physical limitations may also prevent them from reporting mistreatment at all. Because of this, families and attorneys typically build a case through outside documentation rather than relying on the victim’s account alone.
Evidence that can help establish an elder abuse claim may include:
- Medical records documenting injuries or medication errors
- Photographs of bruises or unsafe living conditions
- Facility staffing logs and incident reports
- Bank statements or credit card records showing unauthorized activity
- Written statements from staff or other witnesses
- Surveillance footage from inside the facility
- Letters or messages connected to the caregiver
Because nursing homes and long-term care facilities are required to maintain detailed internal records, our elder abuse lawyers routinely subpoena documentation that families cannot obtain on their own. This can include staffing ratios and prior licensing complaints. Under Arkansas Code Annotated § 5-28-103, a caregiver who mistreats an adult endangered person or an adult impaired person may face criminal penalties ranging from a misdemeanor to a felony, depending on the severity of the harm. The facts developed during a criminal investigation can also support a family’s civil claim for damages.
Because facilities are not always required to preserve records indefinitely, acting quickly gives your case the best chance of holding on to evidence before it disappears.
How an Attorney Can Help
Once you recognize the signs of elder abuse in Arkansas, deciding what happens next can feel overwhelming, especially while you are also focused on your loved one’s safety and medical care. An elder abuse attorney could manage the legal side of the situation so your family can concentrate on recovery.
At Rainwater, Holt & Sexton, we have represented injury victims throughout Arkansas since 2006. Several of our attorneys bring decades of courtroom experience to every case we accept, including cases involving nursing homes and in-home caregivers. Once you hire our firm, we could:
- Investigate the facility’s history of licensing violations or staffing shortages
- Request and review the facility’s medical and financial records
- Consult with medical and financial experts to connect your loved one’s injuries or losses to a specific failure of care
- Identify every party who may share responsibility, from the facility’s ownership group to an individual caregiver
- Calculate the full value of your claim, including medical expenses and pain and suffering
- Negotiate with the facility’s insurer or take the case to trial if a fair settlement is not offered
Nursing homes and assisted living facilities often carry substantial liability insurance and rely on experienced legal teams to limit what they pay out. Having an equally prepared advocate on your side could help level the playing field and make certain your loved one’s experience is taken seriously.
We have recovered more than one billion dollars for injury victims and their families, and we bring that same commitment to every elder abuse case we handle. If your loved one suffered abuse or neglect at the hands of a caregiver or facility, reach out to our team to discuss what happened and learn about your legal options.