When a loved one dies due to negligence in a care facility, the pain extends far beyond grief. Families face unanswered questions, mounting medical bills, and the burden of seeking justice. McCutchen Napurano - The Law Firm understands facility wrongful death cases and brings legal experience to help families recover compensation.
Our firm secured a $15 million wrongful death verdict in Stipins v. Mercy Hospital (October 2025). This case demonstrates our commitment to holding facilities accountable and fighting for families.
How McCutchen Napurano - The Law Firm Handles Facility Wrongful Death Cases
McCutchen Napurano - The Law Firm brings a thorough, client-focused approach to facility wrongful death cases. Our firm combines legal knowledge with genuine compassion for families navigating unimaginable loss.
Dedicated Investigation: We conduct thorough investigations into facility records, policies, and practices. Our team reviews medical documentation, staffing records, and facility compliance reports. We identify where negligence occurred.
Medical Testimony: We work with qualified medical professionals who can establish the connection between facility negligence and your loved one’s death. Medical testimony is critical in proving causation in these cases.
Regulatory Knowledge: We understand Arkansas facility regulations and licensing requirements. When facilities violate these standards, it strengthens your case. It demonstrates a pattern of negligence.
Compassionate Representation: We recognize that you are grieving while facing legal battles. Our team treats every family with the respect and compassion they deserve during this difficult time.
Contingency-Based Representation: We work on a contingency fee basis. You pay nothing upfront. We only recover fees if we secure compensation for your family.
Track Record: Families trust McCutchen Napurano - The Law Firm to fight for justice. Our $15 million verdict in Stipins v. Mercy Hospital demonstrates our ability to secure substantial compensation in wrongful death cases.
Understanding Wrongful Death Claims in Facility Settings
Wrongful death claims from facility negligence require proving that a facility breached its duty of care. This breach must have directly caused your loved one’s death. In Arkansas, care facilities owe residents a duty to provide safe, adequate care.
When facilities fail to meet this standard—through negligence, inadequate staffing, or failure to follow protocols—families have the right to pursue legal action. Facility wrongful death cases differ significantly from other wrongful death claims. They involve complex medical records, facility regulations, and often require medical testimony to establish causation.
McCutchen Napurano - The Law Firm has the experience and resources to handle these cases. We build strong cases on behalf of grieving families.
What Constitutes Facility Negligence
- Inadequate staffing levels that prevent proper resident monitoring
- Failure to respond to medical emergencies or resident distress
- Medication errors or improper medication administration
- Unsafe facility conditions that contribute to falls or injuries
- Lack of proper staff training on resident care protocols
- Failure to follow established care plans or medical directives
Types of Facility Abuse That Lead to Wrongful Death
Facilities have a legal and ethical obligation to protect residents from harm. When they fail, the consequences can be fatal. Wrongful death in facility settings often stems from various forms of abuse and neglect:
Physical Abuse: Intentional or reckless physical harm to residents
Neglect: Failure to provide adequate food, water, hygiene, or medical care
Medical Malpractice: Errors in diagnosis, treatment, or medication management
Pressure Wounds and Infections: Preventable conditions resulting from inadequate care
Medication Errors: Administering wrong medications, wrong dosages, or failing to monitor interactions
Emotional Abuse: Psychological harm that contributes to resident decline
Abandonment: Leaving residents without necessary supervision or care
Other preventable causes of death include:
- Inadequate nutrition or hydration leading to organ failure
- Untreated infections that progress to sepsis or death
- Falls due to lack of supervision or safety measures
- Improper restraint use causing injury or death
- Failure to monitor vital signs or recognize medical emergencies
- Delayed emergency response or failure to call 911
Compensation Available in Facility Wrongful Death Cases
Arkansas law allows families to recover multiple categories of damages in wrongful death cases. Understanding what compensation is available helps families make informed decisions about pursuing legal action.
Economic Damages cover quantifiable financial losses:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost wages and income the deceased would have earned
- Loss of benefits (health insurance, retirement contributions)
Non-Economic Damages address the intangible harm families suffer:
- Loss of companionship and emotional support
- Loss of parental guidance (in cases involving children)
- Pain and suffering experienced by the deceased before death
- Emotional distress experienced by surviving family members
Punitive Damages may apply in cases involving gross negligence or intentional misconduct. These damages punish the facility. They deter similar conduct in the future.
Frequently Asked Questions About Facility Wrongful Death Claims
How long do I have to file a wrongful death claim in Arkansas?
Arkansas law provides a three-year statute of limitations from the date of death to file a wrongful death claim. For facility wrongful death cases involving medical malpractice, the statute of limitations may be 2 years from the date of the negligent act. This deadline is critical. Failing to file within this timeframe eliminates your right to pursue compensation. Contact McCutchen Napurano - The Law Firm immediately to ensure your claim is filed timely.
What evidence is needed to prove facility negligence?
Proving facility negligence requires multiple forms of evidence:
- Medical records documenting the resident’s condition and care
- Facility policies and procedures
- Staffing records showing inadequate staffing levels
- Medical testimony establishing the standard of care and how the facility breached it
- Witness statements from staff or other residents
- Documentation of facility violations or regulatory citations
Our team knows how to gather and present this evidence effectively.
Can I file a claim if the facility has limited liability?
Some facilities operate under specific liability protections. These protections are not absolute. Gross negligence, intentional misconduct, and violations of residents’ rights often pierce liability limitations. We evaluate your specific situation to determine what claims and damages may be available.
How much does it cost to hire a wrongful death attorney?
McCutchen Napurano - The Law Firm works on a contingency fee basis. You pay no upfront costs, no hourly fees, and no expenses unless we recover compensation for your family. Our fees come from the settlement or verdict we obtain. If we don’t win, you don’t pay.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their losses. This includes loss of companionship, financial support, and emotional suffering. A survival action compensates the deceased’s estate for pain and suffering the deceased experienced before death. Arkansas law allows families to pursue both claims simultaneously. This maximizes total recovery.
How long does a facility wrongful death case typically take?
Timeline varies based on case complexity. Most facility wrongful death cases take 18 months to three years from investigation through settlement or trial. Some cases resolve faster through settlement negotiations. Others require extensive discovery and medical testimony. We keep you informed throughout the process and work efficiently to resolve your case.
Contact McCutchen Napurano - The Law Firm for Your Free Consultation
Your family deserves justice and fair compensation. McCutchen Napurano - The Law Firm is ready to fight for you. We offer free, confidential consultations to discuss your case and explain your legal options.
With our track record – including the $15 million verdict in Stipins v. Mercy Hospital – we have the experience and resources to hold facilities accountable.
Call (479) 783-0036 today to speak with a wrongful death attorney. We are available 24/7 to answer your questions and begin investigating your case. There is no cost to you unless we recover compensation for your family. Let McCutchen Napurano - The Law Firm help you seek the justice your loved one deserves.
