Oklahoma Nursing Home Abuse Lawyer

As our loved ones age and require additional care, many families turn to nursing homes or assisted living facilities, trusting these establishments to provide a safe and nurturing environment. However, the unfortunate reality is that abuse and neglect can occur in these settings, leaving residents to suffer both physically and emotionally.

Seeking legal help from experienced nursing home abuse attorneys can make all the difference in navigating this complex and often distressing situation.

By working with a knowledgeable nursing home abuse lawyer, families can ensure that their loved ones receive the justice they deserve while holding negligent parties accountable for their actions.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our priority is securing justice and fair compensation for those affected by nursing facility abuse. With a strong record of success in handling these cases, our skilled legal team carefully approaches each situation, achieving substantial settlements and verdicts for our clients.

We thoroughly investigate each case to ensure that all forms of abuse, including medical expenses, emotional suffering, and other damages, are comprehensively addressed. With our extensive knowledge of nursing home abuse claims, we handle the legal challenges effectively and work relentlessly to safeguard your rights.

We offer compassionate and transparent legal support throughout the process, ensuring that you and your loved one remain informed, protected, and confident at every stage.

Types of Cases Handled by Our Oklahoma Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional or negligent action that results in harm to a resident within a nursing home or assisted living facility. Various types of abuse can occur in these environments, each requiring a specific legal approach. Here’s an overview of the different types of nursing home abuse cases our lawyers handle:

Physical Abuse

Physical abuse involves the use of physical force that may result in bodily injury, pain, or impairment to an elderly resident. This can include hitting, pushing, or using physical restraints inappropriately.

Mental and Emotional Abuse

Emotional and psychological abuse can manifest through verbal insults, threats, isolation, or other actions that cause psychological harm.

Sexual Abuse

Sexual abuse is a particularly heinous form of nursing home abuse involving any non-consensual sexual act or behavior. Victims may suffer from physical harm and psychological trauma, necessitating immediate legal intervention.

Medical Malpractice

Medical malpractice in nursing homes can occur when residents do not receive adequate medical treatment, leading to preventable health complications, such as bed sores (pressure ulcers).

Negligence

Nursing home negligence refers to situations where the staff fails to provide residents with the necessary care and support. This can encompass poor hygiene, malnutrition, dehydration, and elopement.

Financial Abuse

Financial exploitation occurs when a resident’s financial resources are misappropriated or used without consent. This can include unauthorized withdrawals from accounts, scams, or misuse of personal property.

Wrongful Death

In the most tragic cases, nursing home neglect and abuse can lead to wrongful death. Families who have lost a loved one due to neglect or abuse may pursue legal action to hold the responsible parties accountable.

Understanding Your Legal Rights

Under federal and state laws, nursing home residents have specific rights designed to protect them from abuse and neglect.

The Nursing Home Reform Act of 1987 outlines these rights, emphasizing the need for facilities to provide a safe and dignified environment. Some key rights include:

• The Right to be Free from Abuse and Neglect: Residents should not suffer any form of mistreatment.
• The Right to Receive Proper Medical Care: Nursing homes must ensure residents receive necessary medical treatment.
• The Right to Participate in Their Care: Residents can decide about their medical care and treatment plans.

In addition, Oklahoma has specific regulations set forth by the Oklahoma Nursing Home Care Act. This act mirrors many provisions of the federal law while also addressing unique state concerns, such as:

• Requirements for Staff Training and Competency: Nursing homes must ensure that their staff is adequately trained to provide care and respond to residents’ needs.
• Reporting Mechanisms for Abuse and Neglect: Oklahoma law mandates that nursing homes have procedures in place for reporting suspected abuse or neglect.

Eligibility to File an Elder Abuse Claim 

Claims related to nursing home abuse can be filed by various parties, depending on the circumstances:

• Family Members: In cases where the resident is incapacitated, family members—such as children, spouses, or siblings—may file claims on their behalf. This is particularly relevant if the resident has suffered from a mental impairment or cannot advocate for themselves.
• Legal Guardians: If a resident has a court-appointed guardian, that individual can file a claim for the resident’s rights and seek compensation for any harm suffered.
• The Nursing Home Resident: If the resident is capable, they can file a claim on their behalf to seek justice for the abuse they experienced.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home abuse cases, multiple parties may share liability, including:

• Nursing Home’s Management: The management team is responsible for ensuring the facility’s safety and that staff members are properly trained to care for residents.
• Staff Members: Individual staff members may be directly responsible for the abuse, whether through neglect or intentional harm.
• Third-Party Contractors: If third-party services are involved in caring for residents, they may also be held accountable for their actions.
• The Nursing Home’s Ownership: If a corporation or other entity owns the facility, they may be liable for any abuse that occurs on the premises.

How Our Oklahoma Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our Oklahoma nursing home abuse lawyers bring extensive experience in handling cases involving elder abuse. We are committed to advocating for victims and their families throughout the legal process. Here’s how we can assist you:

• Free Case Evaluation: We offer a no-obligation consultation to discuss your nursing home abuse case and assess the details surrounding the abuse. This initial evaluation allows us to understand your situation and provide legal guidance.
• Case Investigation: Our attorneys will conduct a thorough investigation to gather evidence, including medical records, witness statements, and documentation of the abuse. We work diligently to build a strong case that supports your claims.
• Filing the Claim: Once we have gathered the necessary evidence, we will assist you in filing your claim against the nursing home and any responsible parties. Our team ensures that all paperwork is filed correctly and on time.
• Settlement Negotiation: We understand the importance of seeking fair compensation for your suffering. Our attorneys are skilled negotiators and will advocate during settlement discussions to ensure you receive the compensation you deserve.
• Trial Representation: Our experienced trial attorneys are prepared to represent you in court if a fair settlement cannot be reached. We will fight vigorously to secure justice for you and your loved ones.

Common Signs of Elder Abuse Among Nursing Home Residents 

Oklahoma has 287 Medicare-approved nursing home facilities, and a significant portion of these facilities are struggling with their overall ratings and inspections. Specifically, 148 of these homes, or 51.6%, have received an overall rating of below or much below average.

Health inspections are a critical concern, as 124 facilities, or 43.3%, scored poorly in this category. This suggests widespread issues related to compliance with state and federal health regulations, potentially affecting residents’ well-being.

Staffing levels also present challenges, with 150 nursing homes (52.2%) receiving below-average ratings. These staffing deficiencies may reflect difficulties in providing consistent, adequate care for residents, impacting their day-to-day well-being and long-term health.

126 nursing homes (43.9%) received low ratings in quality measures. This indicates that most facilities fail to maintain residents’ overall quality of care. [1]

The worst-rated nursing homes in Oklahoma include:

Recognizing the signs of nursing home abuse is crucial for ensuring the safety and well-being of residents. Some common signs include:

• Unexplained bruises, fractures, or other injuries
• Sudden changes in behavior or mood
• Withdrawal from social interactions
• Poor hygiene or unkempt appearance
• Signs of malnutrition or dehydration
• Frequent hospitalizations for preventable conditions
• Changes in financial status or unexplained financial transactions

What to Do If You Suspect Nursing Home Abuse

If you suspect that a loved one is a victim of nursing home abuse, take the following steps:

• Ensure Immediate Safety: Call 911 if there is an immediate danger to the resident’s health or safety.
• Report to Nursing Home Management: Notify the nursing home administrator or management about your concerns. They are obligated to investigate and address any claims of abuse.
• File a Complaint: Contact your local Ombudsman’s office. They serve as advocates for residents and can assist in resolving issues related to elder abuse.
• Contact a Nursing Home Abuse Lawyer: Seek legal representation from an experienced nursing home abuse attorney to discuss your options and the best course of action.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse may be entitled to various types of damages, including:

• Economic Damages: This includes medical expenses, lost wages, and costs associated with moving to a new care facility.
• Non-Economic Damages: Victims may receive compensation for emotional distress, pain and suffering, and loss of enjoyment of life.
• Punitive Damages: In cases of egregious misconduct, punitive damages may be awarded to punish the responsible parties and deter future abuse.

The Cost of Hiring Our Oklahoma Nursing Home Abuse Lawyers 

At Nursing Home Law Center, we operate on a contingency fee basis. You do not pay any legal fees unless we win your case. Our goal is to ensure that victims of nursing home abuse can access quality legal representation without the burden of upfront costs.

You Have Limited Time to Take Legal Action in Oklahoma

It’s important to be aware that Oklahoma has a statute of limitations for filing nursing home abuse claims. Typically, you have two years from the date of the incident to file a claim. Delaying action could jeopardize your ability to seek justice and compensation. Therefore, consulting with a nursing home abuse lawyer as soon as possible is important.

Contact an Oklahoma Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our team of dedicated Oklahoma nursing home abuse attorneys has extensive experience in advocating for victims of nursing home abuse. We understand the unique challenges nursing home residents and their families face, and we are committed to fighting for their rights. 

If you or a loved one has suffered from nursing home abuse, don’t hesitate to reach out to us for a free consultation. Let us help you navigate this difficult situation and seek the justice you deserve.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare