I read with interest your editorial on September 3 regarding lawyers advertising for nursing home cases and, as my firm was mentioned prominently, I would like to offer several observations.

On the one hand, you mention my firm’s success representing our clients as an “irresistible” attraction for other law firms and on the other you cite the inadequate care of nursing homes in Arkansas. And while you are correct in noting that care in Arkansas “is the shame of the nursing home industry” you leave unanswered a key question: “Has care gotten worse in Arkansas or are lawyers reacting to the large verdicts secured by Wilkes and McHugh?”

The answer may be found in a recent Congressional report (released on July 30 th of this year) that found the number of homes in America found to be abusing residents had tripled since 1996. While this shocking figure may not be specific to Arkansas it adds insight as to what is happening across the country. With this dramatic rise in abuse, it is no wonder that lawsuits against nursing homes would also be increasing across the country.

What about nursing home care in Arkansas?

Let’s examine the most recent numbers published by the University of California, San Francisco in October of last year. This report uses federal data through 1999 (the last year available) from the Centers for Medicare and Medicaid Services as reported by state surveyors. During that time, nursing homes in Arkansas saw a marked increase in deficiencies in seven out of the top ten care categories. For example, the number of citations for “Improper use of Physical Restraints” as well as “Inadequate Housekeeping” had tripled since 1993 (from 8.4% to 24.9% and from 15.1% to 45.6% of homes respectively), while citations for the categories “Quality of Life” and “Activities for Daily Living” (such as feeding, turning and bathing) had doubled. Other areas such as “Sanitation”, “Pressure Sore Prevention”, and “Nutrition” also saw significant increases in the double-digit range.

In addition to these findings, and as reported in the Arkansas Democrat Gazette on January 31, 2001, Attorney General Mark Pryor stated that cases of nursing home abuse brought by his office saw a dramatic increase of 443% in six months. His spokesman attributed that increase, in part, to “more reporting of abuse” by residents and families.

In short, care in Arkansas has unquestionably gotten worse during the past several years. This certainly could explain at least some of the increase in the number of firms seeking out nursing home residents. I agree however, that it is fair to assume that since our firm has won a string of multi-million dollar verdicts on behalf of our clients, others would seek to follow. But no matter how lawyers seek to represent injured residents, I believe you miss a vital point when you use words like “troll” for clients.

The law firms who represent victims of nursing home abuse did not cause the pain, agony and death of residents. We did not create the horrible conditions found all too common in Arkansas nursing homes. Nor were we responsible for the federal convictions of many of the for-profit chains which have been caught taking tax dollars intended for care and diverting them to other uses. Our role has been only to prosecute these crimes in the best way we know how and in the only way the law will allow – through the civil justice system.

Perhaps if the for-profit chains had spent taxpayer dollars as they were supposed to then maybe, just maybe, there wouldn’t be so many abused or neglected residents to “troll” for.

Jim Wilkes is the founding partner of Wilkes & McHugh, P.A. a Tampa-based firm with offices throughout the country including Little Rock. He is an outspoken critic of for-profit nursing homes and his firm represents victims of nursing home abuse.   

 

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