Throughout the country, nursing home abuse has become a widespread problem that is just now becoming part of the nation’s consciousness. It is estimated that only 16 percent of actual nursing home abuse are ever properly reported, meaning that millions of our elderly patients suffer from abuse or neglect without any governmental intervention. In Oregon, there are also specific problems that nursing homes struggle with on a recurring basis. A University of California-San Francisco research study revealed that over 30 percent of nursing homes were caught in dispensing unnecessary drugs to patients in 2008. This means that patients may have been consuming drugs with sedative effects for punishment or due to the sheer laziness of nursing home workers. An overwhelming 63 percent of nursing homes failed to provide the quality of care that has been subscribed under federal and state nursing home laws in 2008. If you believe that your loved one has suffered adverse effects from unnecessary drugs or other forms of Oregon nursing home negligence, then it is time to speak with a nursing home lawyer today.
Nursing Home Laws in Oregon
The Elderly Persons and Persons with Disabilities Abuse Prevention Act is a clear prohibition on the neglect, abuse and exploitation of elderly people in Oregon. This Oregon statute goes to great lengths to provide many examples of what constitutes “abuse” under the Act. Any physical injury, neglect in withholding medical services, infliction of pain or injury, sexual contact with a non-consenting individual and the use of verbal abuse are all considered to be forms of abuse under the statute.
If one is aware of abuse that has impacted an elderly person in 180 days preceding the injury, then he or she may petition the circuit court for an injunction. In this scenario, you may wish to get in touch with a nursing home lawyer who can help you in the petition process. It may be possible to place your loved one in an alternate facility that will treat him or her with the care and protection required under the law. The Oregon Act also outlines the different steps that the court can take to protect a loved one. These different steps may include prohibiting a nursing home administrator from exercising continued control over funds, a refund of payments to a nursing home facility and subjecting nursing home workers to a thorough investigation.
Family members have every right to file a report of abuse or neglect when they suspect that it is impacting a loved one. It is vital that family members move forward and not allow nursing home administrators to intimidate them in the process of filing a report. Nursing home lawyers are available to serve as legal support and a source of strength in standing up for the rights of a loved one in a facility.
Know the Signs of Nursing Home Abuse & Neglect
There are many signs that can serve as a red flag that nursing home abuse and neglect are commonplace in a nursing home facility. Upon noticing any of these warning signs, family members should take active steps to protect a resident. Some of the warning signs that a resident is being neglected include the following:
- Unchanged bed sheets
- Unwashed clothing
- Isolated for long periods of time
- Suffers from nervousness or sadness
- Does not receive consistent meals or medication
There are also signs that can alert family members that a resident is being physically abused. Family members should consider the following physical signs of abuse in a nursing home context:
- Scratches and bruising throughout the body
- Unexplained open wounds and bleeding
- Genital irritations
- Sprained, broken or fractured bones
- Complaints of falls
- Complaints of “rough” treatment from staff members
- Inability to freely speak in front of staff workers
Call Our Oregon Nursing Home Lawyers for Help Today
If you have noticed that a loved one has suffered in any of these ways, call our nursing home lawyers today. We are ready to aggressively pursue your claim against nursing home administrators. Nursing home abuse is one of the most despicable forms of abuse, and administrators must pay the price for allowing residents to suffer in this way. Our lawyers are ready to help residents throughout Oregon in areas such as:
Our lawyers will investigate Oregon nursing home negligence and can also figure out the appropriate damages to request in your case.
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 2 years. (Or. Rev. Stat. §12.115)
- Medical malpractice – 2 years with Discovery Rule. (Or. Rev. Stat. §12.110)
STATUTE OF LIMITATIONS
- 3 years with Occurrence Rule. (Or. Rev. Stat. §30.020(1))
- 2 years for personal injury in wrongful death suit brought by personal representative. (Or. Rev. Stat. §12.110)
- Noneconomic damages are limited to $500,000. (Or. Rev. Stat. §31.710)