Abuse in nursing facilities is nothing new, but as awareness of these atrocities grows, more and more people are taking a stand against it. At Nursing Home Law Center, LLC, our network of nursing home abuse lawyers works tirelessly to seek justice for abused and neglected nursing home residents.
Were you or a loved one a victim of nursing home abuse? If so, don’t be afraid to take legal action against those responsible.
Call our affiliate Oklahoma personal injury attorneys at (800) 926-7565 for a free consultation. Our Oklahoma nursing home abuse lawyers will guide you through the legal process and help you figure out the best course of action for your family.
All confidential or sensitive information you share with our nursing home abuse attorneys will remain private under an attorney-client relationship.
What is Nursing Home Abuse?Nursing home abuse is a single or repeated act that causes physical, psychological, or financial harm to a resident. It can result from negligence, carelessness, or malicious intent of nursing home workers, visitors, or other residents.
Elder AbuseThe National Center on Elder Abuse defines elder abuse as a single or repeated act that causes or increases the risk of harm to a patient aged 65 or above in a relationship with an expectation of trust (e.g., a caregiver-patient relationship).
The Rights of Nursing Home ResidentsState and federal laws help protect the legal rights of nursing home residents. These laws include:
Nursing Home Reform Act of 1987The 1987 Nursing Home Reform Act defines what services nursing homes and other residential care facilities must provide residents and establishes standards for these services. This law aims to protect the legal rights of nursing home patients, including:
The Nursing Home Care Act and Long-Term Care Security Act of Oklahoma define the minimum requirements for nursing homes and residents’ rights. These acts also outline the punishments for violations, standards for employee background checks, and the procedures for reporting abuse or neglect in a facility.
Types of Nursing Home AbuseAccording to the National Center on Elder Abuse, abuse in nursing homes and assisted living facilities takes many forms, including:
Physical AbusePhysical abuse involves deliberately using force against a nursing home resident, causing injury, pain, or impairment. It includes but is not limited to actions such as slapping, striking, kicking, burning, pinching, and restraining a resident without medical reasons.
Signs of Physical Abuse
Psychological abuse, also known as mental or emotional abuse, involves verbal and non-verbal acts that cause psychological harm to a nursing home resident. These acts may include verbal abuse, humiliation, intimidation, gaslighting, and geographical or social isolation.
Signs of Mental or Emotional Abuse
Sexual abuse is any non-consensual sexual contact with a resident, including those who cannot give valid consent (e.g., a mentally disabled person). It can take many forms, including verbal sexual harassment, unwanted touching, explicit photography, sodomy, coerced nudity, and rape.
Signs of Sexual Abuse
Financial abuse is the illegal, unauthorized, or improper use of a resident’s personal property, including money and assets. It can take many forms, including manipulating bank accounts, stealing personal belongings, and unauthorized transactions on credit cards.
Signs of Financial Abuse
This type of abuse occurs when a nursing home fails to provide food, medication, personal hygiene, clothing, and medical care, creating or increasing the risk of harm to a nursing home resident. Both intentional (active) and unintentional (passive) neglect are considered abuse.
Signs of Neglect
In some nursing home abuse cases, elder abuse is mistaken for dementia or Alzheimer’s disease. Elder abuse victims may exhibit warning signs similar to dementia, such as mood changes, aggression, difficulty sleeping, and memory loss.
With that in mind, family members must learn to distinguish the signs of abuse from indicators of degenerative diseases. Consulting a dementia specialist may be necessary.
Moreover, abuse can manifest in signs similar to mental illness, such as frequent crying, behavior and personality changes, and insomnia, among many others. Consult a mental health specialist if you are unsure whether your loved one is suffering from abuse or mental illness.
Effects of Nursing Home Neglect and AbuseAbuse or neglect can lead to the following consequences for victims and their families:
Abuse or neglect often leads to significant injuries, such as:
Although anyone can become a victim of nursing home abuse, some individuals are more vulnerable than others, including:
Nursing home negligence is a multi-factorial problem. Experts believe that the following factors increase the risk of neglect and abuse in nursing facilities:
Call the Oklahoma City Police Department to report suspected abuse or neglect in an Oklahoma City nursing home. Call 911 if you think your family member or another resident is in immediate danger or needs emergency assistance.
You can also report the abuse of a disabled or elderly person to:
The Oklahoma State Department of Health and other governing bodies may revoke or suspend the licenses, certifications, and government funding of nursing homes found guilty of violating state or federal regulations.
In addition, perpetrators of nursing home neglect or abuse (e.g., staff members or visitors) may face criminal charges from local law enforcement. Depending on the severity of the crime, perpetrators could face either a misdemeanor or a felony charge. Punishments range from fines up to $10,000 to imprisonment.
After alerting the appropriate authorities, take your nursing home abuse case to an Oklahoma City nursing home abuse attorney.
Filing an Oklahoma City Nursing Home Abuse ClaimAccording to state and federal laws governing nursing homes, the abuse, neglect, or mistreatment of a disabled or elderly person is illegal. Hence, any nursing home that fails to protect its residents from maltreatment could be held legally responsible for victims’ injuries, trauma, and other damages incurred.
Did you or a loved one suffer abuse or neglect in a nursing home? If so, our nursing home abuse lawyers could help you take proper legal action against responsible parties.
The Role of Nursing Home Abuse LawyersLegal representation is necessary to hold a nursing home liable for its negligence. Your nursing home abuse attorney can help you:
Victims or their proxies can file a personal injury claim against the negligent nursing home. Immediate family members (e.g., adult children or spouses) could file a claim on the victim’s behalf if the victim cannot do so. Extended family (e.g., cousins or siblings) may also file a claim if the immediate family is unavailable.
Liable PartiesThe first step to filing a nursing home negligence claim is determining who is responsible for the maltreatment of the victim. Possible perpetrators may include:
Regardless of who is directly responsible for the abuse or neglect of your loved one, the negligent nursing home facility may also be liable for failing to protect your loved one from avoidable harm.
EvidenceAfter identifying liable parties, you must present substantial evidence to prove their fault. An attorney from our law office will help you gather relevant proof, such as:
By filing a claim, you could hold the nursing home accountable for the following losses:
Your nursing home abuse lawyer will estimate the value of your settlement based on these damages and other applicable factors during your free case review.
SettlementAfter filing a personal injury claim against the negligent nursing home, the facility’s insurance company may offer you a settlement. At this point, you have two options:
Either way, you should consult with a nursing home abuse attorney first. Your attorney can help you negotiate for a better settlement value or help you determine if the initial offer is enough to compensate for your losses.
Other Legal OptionsWhat if negotiations or unsuccessful or the nursing home refuses to take responsibility for the abuse? If this happens, your lawyer could help you file a nursing home negligence lawsuit.
Your case will go to civil court, where a judge or jury will hear evidence from both parties and determine a verdict. Your nursing home neglect and abuse lawyer will serve as your legal representation during the litigation process.
To avoid litigation, your lawyer could also help you pursue other legal options, such as arbitration or mediation. These alternative dispute resolution methods are often less expensive and time-consuming than a court trial.
The Statute of LimitationsThe statute of limitations for personal injury cases in Oklahoma is two years (Oklahoma Statutes section 12-95). Usually, the clock starts running on the date of the underlying incident or its discovery.
Courts do not grant extensions to the two-year deadline unless exceptional circumstances apply. That said, file a lawsuit as soon as possible to avoid missing the deadline and losing critical evidence.
Hire an Oklahoma City Nursing Home Abuse Lawyer to Resolve Your CaseNursing homes are legally responsible for all nursing home residents' health, safety, and well-being. Failure to uphold these obligations could result in injuries, disability, and even wrongful death. Hence, a nursing home that puts your loved one in harm’s way should be held liable in a court of law.
The Oklahoma City nursing home abuse attorneys at Nursing Home Law Center, LLC have years of experience defending the legal rights of abuse, neglect, and wrongful death victims in nursing facilities. Our nursing home abuse attorneys help families recover financial compensation for their losses and, in the process, punish nursing homes for their negligence.
Call our Oklahoma City law office at (800) 926-7565 or use the contact form for a free consultation with one of our experienced nursing home abuse attorneys. All confidential or sensitive information you share with our legal team will remain private under an attorney-client relationship.
Furthermore, our attorneys handle all accepted cases on a contingency fee basis, meaning you don’t have to pay legal fees unless we win your case.
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