Mike Rainwater on…

Do You Need a Nursing Home Abuse Lawyer ?

Learning that your loved one has been a victim of nursing home abuse is devastating for family members. When the people trusted to care for them are the ones causing them harm, it’s difficult to know where to turn for help. At Rainwater, Holt, & Sexton, our Arkansas nursing home abuse lawyers will be there every step of the way. We can help you protect your loved one from further abuse and hold their abuser accountable.

a talking head of Mike Rainwater video talking to camera

Our Nursing Home Negligence Case Results

$2.0 MIL

Assisted Living Negligence

$650,000

Nursing Home Negligence & Assault

$125,000

Nursing Home Negligence

NATIONALLY RESPECTED. LOCALLY TRUSTED.

What is Nursing Home Abuse and Neglect?

What is Nursing Home Abuse and Neglect?

Residents of long-term care facility, nursing homes or assisted living facilities should be properly cared for and treated with compassion and respect. When a caregiver or nursing home causes them harm, they may be guilty of nursing home abuse. Receiving poor care, not being adequately supervised, being verbally or physically abused, or being neglected can cause significant physical, emotional, and psychological harm.

Nursing homes have a responsibility to ensure the safety of all their residents, and this includes properly screening employees, providing safe staffing and maintaining the facility. When a nursing home fails to protect their residents and uphold the standard of care, they can be liable for the abuse their residents have suffered.

Types of Nursing Home Abuse

There are seven different types of nursing home abuses that are recognized by the National Center on Elder Abuse. Each one of these types can cause significant damage to an elderly person, and if they go undiscovered, can be fatal.

Seniors are at an increased risk for sustaining physical abuse. They are often unable to defend themselves and as a result, they become easy targets for abusive caregivers. Physical abuse can include shaking, pushing, slapping, or improperly using restraints. A senior may also be a victim of physical abuse if they are force fed or drugged.

Non-consensual sex with an elderly resident is not only a crime, but is also sexual abuse. Sexual abuse can include photographing nude residents, rape, sodomy, masturbation, or being forced to watch graphic or lewd conduct.

Emotional abuse is one of the most common forms of abuse. Elderly residents may find themselves at the receiving end of an angry and frustrated caregiver. This can result in verbal assaults, humiliation, threats, or yelling. While not easy to recognize at first, emotional abuse quickly takes its toll on elderly residents who may become depressed, withdrawn, or suicidal.

When a caregiver refuses to properly care for a senior or incapacitated resident, they can be found guilty of neglect. Neglect can include withholding water or food, improperly supervising patients, not performing daily hygiene or care, letting residents sit in excrement or urine, and isolation.

This is also one of the most common forms of abuse. Seniors are extremely vulnerable to being taken advantage of by unscrupulous caregivers and institutions. They may take cash or possessions from them, convince them to write a check, or persuade them into transferring sums of money to them. Seniors are also vulnerable to being a victim of investment fraud.

These medication errors can cause tremendous harm, pain, and suffering. In some cases, they even resulted in death. Elderly patients are vulnerable and at high risk for suffering severe injuries when given an improper dose of medication or the wrong medication.

Is someone you know being abused or neglected? Call us.

Our No Fee Guarantee® means you pay us nothing unless we win your case.
Get a Free Consultation

Signs of Nursing Home Abuse

Approximately 10 million car accidents occur in the United States each and every year. If you are involved in a car accident, the steps you take immediately after the accident could significantly impact your ability to file a claim. Here are steps you can take after an accident.

Scars, cuts, bruises, bed sores, restraint marks, broken bones, reports of being physically assaulted.

Unexplained STDs, genital lacerations or bruises, infections, reports of being sexually abused.

Depression, anxiety, withdrawn, agitated, mood changes, and reports of emotional abuse.

Unsanitary conditions, bodily smells, ulcers, untreated bed sores, malnutrition, weight loss, dehydration, and reports of neglect.

Finding an elderly patient alone on the street or a public place. Being abandoned in their home with no caregivers or reports of being abandoned

Large unexplained money transfers, sudden changes in financial documents or wills, bank accounts being suddenly opened or closed, and reports of being financially cheated.

Nursing Home Abuse FAQ

Nursing Home Abuse FAQ

  1. What should I do if I suspect nursing home abuse? If you suspect nursing home abuse, contact the nursing home’s administration to report the abuse. If you suspect that your loved one’s life may be in danger, however, call 911 immediately. Once you’ve reported the abuse to the nursing home, you should contact the Arkansas Adult Protective Services department and a nursing home abuse lawyer immediately.
  2. How much is a nursing home abuse lawsuit worth? Your lawsuit’s worth will be dependent on many factors, including the type of injuries suffered and the type of abuse inflicted. If your loved one sustained a significant injury, then your lawsuit may be worth significantly more.
  3. Should I remove my loved one from the nursing home? Before you remove your loved one from the nursing home, contact our attorneys at Rainwater, Holt, & Sexton. We can help you keep your loved one safe and determine the best course of action. Be sure to have alternative living arrangements made before removing them from their nursing home
  4. What qualifies as neglect in a nursing home? Failure to provide basic care, such as food, clothing, supervision and hygiene is considered neglect. If these failures are intentional or careless determine if the case against the nursing home moves forward as a case of neglect or abuse. Unlike neglect, abuse is intentional.
  5. Why is abuse common in nursing homes? There are many factors that contribute to an environment where abuse and neglect are common in the nursing home setting: inadequately trained staff, hiring staff with a history of violence, inadequate staff-to-patient ratios, isolation of residents, and the reluctance of residents to report abuse out of fear of retaliation.

Why Hire an Attorney?

Accusing a nursing home or caregiver of abuse is serious, and allegations are not taken lightly by institutions or by law enforcement. A criminal or civil investigation must be performed to establish liability and prove abuse. Having an experienced nursing home abuse lawyer on your side from the start will ensure that your rights are protected throughout the legal process. Without an attorney on your side, it’s often your loved one’s word against their abuser’s word

At Rainwater, Holt, & Sexton, our nursing home abuse attorneys offer compassionate, yet aggressive legal representation during this difficult time. We know that your main concern is protecting your loved one from abuse and holding the negligent institution responsible. We fight for you so that you can focus your energy on your loved one and help them heal after devastating abuse. We believe in holding abusers and the institutions that harbor them accountable so that we can protect others from further abuse.

Contact Us

We’re Taking Care of You

Our experienced injury attorneys are here to advocate for you.

Arkansas and Tennessee are our homes and we want to make sure our neighbors and friends are supported. With eight offices in Arkansas and Tennessee – Little Rock, Little Rock-Corporate Hill, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Memphis – our personal injury lawyers are easily accessible when you need help.

We’re here to help.

Personal Injury Law Resources

types of brain injuries after accident

Brain Injury

Traumatic brain injuries (TBIs) are devastating and can lead to long-term health problems and disability. In the blink of an eye, your whole world can get turned upside down when you suffer a brain injury. While some people will recover from their brain injury, others may face a lifetime of physical and mental impairment. If you or a loved one has suffered a brain injury, it is essential to consult with an experienced Arkansas brain injury attorney. At Rainwater, Holt & Sexton, we can help you receive the compensation you deserve for your injuries. Our lawyers know how to fight insurance companies aggressively at every turn. We work with medical teams to identify how your specific brain injury will affect your life and future, and we use this to build a case for you and your loved ones. After all, we know that living life with a brain injury isn’t easy. It takes considerable resources to pay for medical bills, rehabilitation, and home care. That’s why we don’t back down when we negotiate with insurers on behalf of our clients. Our Arkansas brain injury lawyers will work to protect your future every step of the way.

Learn More
lonely elderly person

Types of Elder Abuse

The National Center on Elder Abuse recognizes seven different types of elder abuse. You can recognize when your loved one might suffer from abuse if you understand these differences. Many families are shocked and saddened to discover that their loved one is a victim of elder abuse. Elder abuse can take many forms, from physical violence to financial exploitation, and it can have a devastating effect on the victim. Families may feel angry, helpless, and overwhelmed when they learn of the abuse. It is important to remember that you are not alone and there are ways to get help. Elder abuse is a serious problem. By being aware of the signs of abuse and taking action to stop it, you can help keep your loved one safe. At Rainwater, Holt & Sexton, our Arkansas elder abuse lawyers fight tirelessly for victims of elder abuse and their families. We know how difficult elder abuse is to prove. That’s why we work quickly to gather the evidence needed to win your case.

Learn More
bedsore

Stage 4 Bedsores in Nursing Homes

Stage 4 bedsores are the most severe bedsores, leading to life-threatening infections in nursing home patients. According to the Agency for Healthcare Research and Quality, over 60,000 deaths occur annually due to stage 4 bedsores. Unfortunately, these bedsores are often a sign of neglect and abuse in nursing homes. Elderly patients can develop these sores when caregivers do not reposition them often enough - a clear sign of neglect. Even worse, up to 40% of stage 4 bedsores never get reported to Medicare, even though the law requires it. If someone you love develops a stage 4 bedsore while in a nursing home or skilled care facility, you may have cause to file a claim. A nursing home abuse attorney will meet with you and help you and your family explore all your legal options. At Rainwater, Holt & Sexton, our Arkansas nursing home abuse lawyers are here to answer your questions and help your family seek justice.

Learn More
assisted living

Nursing Home Abuse

Serving all of Arkansas with offices in Little Rock, Springdale, Hot Springs, Conway, Bryant, and Jacksonville. About two million seniors over the age of 65 have been victims of nursing home abuse or neglect in the United States. This abuse can come in many forms, and its effects can be devastating. Even worse, most cases of nursing home abuse are never reported. Only 1 in 14 incidents are ever discovered, meaning that nursing home abuse is more common across the country than we think.

Learn More
questions

How to Choose the Best Personal Injury Lawyer in Arkansas

When you suffer an injury in an accident, it can seem like your whole world is crashing down around you. Life as you know it may never be the same, and you need someone on your side to help you navigate this new path. As you focus on your recovery and on rebuilding your life,... Read more »

Learn More
Will My Personal Injury Case Settle or Go To Trial?

Will My Personal Injury Case Settle or Go To Trial?

When you suffer an injury in an accident, you may need to file a personal injury claim or lawsuit to obtain the compensation you need. With the right personal injury lawyer on your team, you can typically get significantly more money for your accident and injuries. Your lawyer will work to negotiate the best possible... Read more »

Learn More
Filing limits wrongful death suit

Who Can Sue for Wrongful Death After an Auto Accident?

Who Can Sue for Wrongful Death After an Auto Accident in Arkansas? If you lost a loved one in an auto accident in Arkansas, you know that your life will never be the same. In the blink of an eye, everything you planned and all your future dreams may have been lost. The pain of losing a loved one is unbearable and survivors are often uncertain how they will ever put their lives back together. During this difficult time, it is important to know that you are not alone. A compassionate Arkansas attorney can help you through the aftermath of a tragic auto accident. In many cases, surviving family members can file a wrongful death lawsuit to help recover financial losses. While no amount of compensation could ever replace the loss of your loved one, you and your family should not have to shoulder unnecessary financial burdens because of another person’s negligence. When a person or entity causes the death of another, surviving family members can bring legal action in civil court against the negligent party. This is known as filing a wrongful death suit. In Arkansas, however, only certain family members are allowed to file a wrongful death lawsuit to seek a civil remedy. Wrongful death in an auto accident can happen if, for example, a driver fails to stop at a red light and collides with another car or a driver drives the wrong way on a one-way street harming others. In these instances, the driver is not abiding by traffic laws, failing to use reasonable care while operating their vehicle. Under state law, the personal representative of the deceased’s estate must be the one to file the wrongful death claim in court. But what do you do if a representative was never appointed? If there is no personal representative, then surviving family members may be able to file a wrongful death lawsuit, including: Surviving spouse Children Parents Siblings Dependent minors Life partners Be prepared to prove your relationship to the deceased with a wedding license, birth certificate or copy of the will, depending on your relationship. Let Us Reivew Your Case

Learn More
calculator

What are Future Damages in a Personal Injury Case?

If you suffered an injury because of someone else’s negligence, you should not have to face any expenses as a consequence of that injury. Justice means that the person or people responsible for your injury should be the same ones responsible for paying for it. After a serious accident, you deserve justice and an experienced... Read more »

Learn More
elder abuse and pills

Impact of Medication Errors in Nursing Homes

The Impact of Medication Errors in Nursing Homes Between 2013-2017, Arkansas’s nursing home population reached nearly 3 million residents in total. During that time, there were 216 “significant” medication errors in nursing homes throughout Arkansas. These medication errors caused tremendous harm, pain, and suffering. In some cases, they even resulted in death. That is because elderly patients are vulnerable and at high risk for suffering severe injuries when given an improper dose of medication or the wrong medication. Sadly, Arkansas elderly residents are at a higher risk for suffering a medication error in nursing homes than other nearby states. Texas, for example, reported only 128 more serious medication errors in nursing homes during the same time period. This means that Arkansas has 19 times more reported “significant” medication errors, per capita, than does Texas. In fact, the average percentage of facilities cited annually in Arkansas is significantly higher than all the other states in the region, with 20.4 percent of facilities in Arkansas being cited for medication errors compared to 5.5 percent in Texas, 2.8 percent in Louisiana, and 5.4 percent in Oklahoma. When understaffed, overworked, or negligent caregivers make medication errors in nursing homes, they can cause grave harm to their patients. If your loved one suffered an injury because of a medication error, you have a right to justice. Nursing homes can – and should – be held accountable for the mistakes they make. An experienced Arkansas nursing home lawyer can help hold them accountable and get your loved ones the compensation they deserve. Contact Us for Free Case Evaluation

Learn More
broken bone and xray

Broken Bones & Fractures Attorney Little Rock, Arkansas

Broken Bones & Fractures Lawyer in Arkansas Common Auto, Truck and Motorcycle Accident Injuries Approximately six million people in the United States break a bone each year. These fractures range from minor breaks to more serious compound fractures. While any type of trauma can cause a bone to break, car, truck and motorcycle accidents are some of the most common causes. Unfortunately, after a car or truck accident, injured accident victims do not always take fractures seriously. They may believe that their injuries are not that severe and that they will make a full recovery after the initial treatment is done. This is far from true. Many car accident victims lose range of motion or suffer from chronic stiffness and pain long after the injury has healed. While minor fractures may not pose any long-term danger, more serious fractures can result in significant complications, impairments, and a lifetime of chronic pain and suffering. This is why accident victims need an experienced Arkansas law firm and skilled car accident lawyer in their corner. Your personal injury attorney will be able to help you obtain the money you need to recover after a significant fracture. CONTACT US FOR A FREE CONSULTATION

Learn More
Whiplash from Auto Accident

Whiplash Lawyers

Whiplash Lawyers in Arkansas Auto, Truck, Equipment, and Workers’ Comp Accidents in Little Rock and Beyond The forces of an accident can be severe and can damage the delicate muscles, ligaments, and tendons in the neck. The same can occur with trauma from a slip and fall, equipment accident, nursing home abuse, or assault. Due to the nature of these injuries, the full extent of damage is not always fully apparent right after a crash or other accident. However, in the hours and days following the accident, victims may begin to experience pain, stiffness, and numbness in their neck and extremities. Whether you feel all the effects of whiplash right away or start to experience them later, it is important to seek medical help immediately and then speak with an experienced personal injury lawyer as soon as possible. Neck injuries, such as whiplash, can result in a lifetime of pain and disability if they are not treated promptly. Even with good medical care, some injured accident victims will develop chronic neck pain and impairment. As such, it is important to contact an experienced Arkansas car accident lawyer as soon as you can after your accident. Your personal injury lawyer will be able to protect your rights to full and complete compensation, no matter how serious your injuries may be. CONTACT US FOR A FREE CONSULTATION

Learn More
Signs of Nursing Home Abuse AR

Signs of Abuse

Signs of Nursing Home Abuse If you have an elderly or disabled loved one in a skilled nursing facility, the thought of that person falling victim to nursing home abuse is horrifying. Unfortunately, this kind of abuse does occur. The Arkansas nursing home abuse lawyers at Rainwater, Holt & Sexton Injury Lawyers are familiar with the laws... Read more »

Learn More
assisted living

Residents Rights

 Arkansas Nursing Home Abuse Injury Lawyers Residents’ Rights Right to Dignity, Respect, and Freedom As the resident of a nursing home, one has the right to be treated with consideration, respect, dignity, and to be free from abuse and neglect. Right to Be Fully Informed Residents should be fully informed of service charges, facility rules, and regulations,... Read more »

Learn More