There are federal laws in place to ensure that residents are treated with the dignity and care that they deserve. The overarching federal authority for the treatment of residents is the Nursing Home Reform Act of 1987. In this Act, residents are provided rights such as the right to be informed of changes in their medical treatment, the right to be treated with dignity, the right to be free from abuse and neglect, the right to be free from physical or chemical restraints and the right to receive confidentiality in the maintenance of patient records.
There are also state laws in Oklahoma that provide additional protections for residents in nursing homes. The Protective Services for Vulnerable Adults Act is the main legal authority for residents in the state. This Act puts forth the procedure that is in place for handling reports of neglect and abuse. If one suspects that a person is being subjected to abuse or neglect in a nursing home, then he or she must file a report with the appropriate authority in Oklahoma. If a vulnerable adult is at a substantial risk of suffering immediate harm, then it is vital to file a report of neglect or abuse. All too often, residents can be harmed as a result of the failure of an individual to file a report. Nursing home workers may believe that they will not be caught in abusing or neglecting a resident, so they continue to engage in these heinous acts until a report is finally filed.
Know the Many Legal Rights of Your Loved One
By knowing the legal rights of nursing home residents, you can take action when it is necessary. It is important to understand that the way in which the law functions is to provide nursing home residents with the broadest rights possible under federal and state law. By knowing this, you will not be persuaded that it is okay for a nursing home to engage in abuse of a loved one. You should trust your gut when a loved one complains about harm or shows physical signs of abuse or neglect. Take action to file a report so that you can know everything was done to protect the legal rights of your loved one.
Talk with Oklahoma Nursing Home Injury Lawyers Today
Lawyers can provide you with Oklahoma nursing home information and help you resolve your legal issues. Oklahoma nursing home injury lawyers are available to investigate any claims of abuse or neglect. They have experience in dealing with the staff workers and administrations of nursing homes. A nursing home lawyer will help you feel more empowered in this difficult situation. Our lawyers area available to help residents throughout the state of Oklahoma in areas such as:
If you are unsure of how to proceed in filing a report of abuse or neglect, then you can get in touch with Oklahoma nursing home injury lawyers today.
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 2 years with Discovery Rule. (Okla. Stat. Ann. Title 12, §95)
- Medical malpractice – 2 years with Discovery Rule. An action brought more than 3 years from the date of injury is limited to past and future actual medical and surgical expenses regarding the injury. In the case of a minor under age twelve, the parent or guardian must bring suit on behalf of the minor within seven years after the malpractice. If the minor was injured at age twelve or older, plaintiff has until one year after turning eighteen to file suit. (Okla. Stat. Ann. Title 76, §18; Okla. Stat. Ann. Title 12, §96)
- Punitive damages are limited to $100,000; in the case of intentional and malicious acts, punitive damages are limited to the greater of $500,000 or two times compensatory damages. (Okla. Stat. Ann. Title 23, §9.1)
STATUTE OF LIMITATIONS
- 2 years from time of death. (Okla. Stat. Ann. Title 12, §1053)