Nursing homes and long-term care facilities offer vital services to their residents. Elderly individuals should thrive in these facilities and get the care and comfort they deserve. When a nursing home fails its duty to provide care for the resident or abuses them, they should be held liable for their actions.
As a victim or family member, you must do anything you can to hold these negligent individuals responsible for their actions. You can pursue compensation for your losses and help prevent these actions from happening in the future. Enlist the help of a highly qualified Oklahoma City nursing home abuse lawyer from BDIW Law.
A proven Oklahoma City personal injury attorney with our firm is prepared to demand justice for your loved one. Do not get stuck covering the costs. Contact our team for a 100% free consultation today and discuss your legal opportunities further.
Nursing Home Negligence Laws
The Nursing Home Care Act and the Long-Term Care Security Act outline the various responsibilities of these facilities for the safety and well-being of residents. Failure to uphold these duties could be considered negligence. Some of their legal obligations include:
- Meeting fire safety standards
- Annual inspections from the State Department of Health
- Uphold and respect resident’s rights
- Obtain, renew, and display current licenses, certifications, and other documents
- Hire qualified and competent staff
- Resolving any issues or concerns brought by the Oklahoma Department of Health
Examples of Abuse in Nursing Homes
Nursing home abuse covers other issues not listed above. Victims must prove the nursing home is liable for patient mistreatment. Specific actions that can show liability include:
- Negligent hiring practices
- Lack of supervision
- Lack of safety policies and procedures
- Inadequate training
- Lack of facility maintenance
- Insufficient medical care for residents
- Inadequate security measures
- Failure to discipline staff
Nursing home neglect in Oklahoma is when a facility fails to provide adequate care to meet the patient’s needs. Nursing home abuse is when staff take active steps to harm a patient. Showing the abuse and proving it was a staff member can be challenging, so to hold these parties liable, you must get help from a nursing home abuse attorney in Oklahoma City, OK.
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Types of Nursing Home Abuse
There are four basic types of nursing home abuse and neglect in Oklahoma. Failure to meet basic needs means the facility is required to provide a safe, clean environment for every resident. They must have food and water, which are neglected when these basic needs are unmet.
Many residents require help with personal hygiene. They may be unable to maintain proper hygiene alone. Residents should receive assistance with bathing, brushing their teeth, cleaning laundry, and other personal habits.
Emotional and social neglect can have long-lasting impacts on residents. It can involve the patient being ignored, belittled, and lacking empathy from the staff. It can also manifest in the form of dehydration, bed sores, and malnourishment.
Nursing home facilities are responsible for providing medical attention, prevention, and medication for various conditions. The facility must have the resources to care for residents and maintain their condition. When medical neglect or abuse is present, it can also lead to a medical malpractice claim, with some examples including:
- Inappropriate use of restraints
- Ridicule or humiliation
- Use of physical force
- Stealing money, personal effects, or bank account information
Residents can suffer emotional, sexual, physical, or financial abuse. Any action that involves abuse or neglect must be investigated, and the culprit must be held liable. Speak to our nursing home abuse team at the first sign of abuse.
Warning Signs of Nursing Home Abuse
You expect great care when you or a loved one enters a nursing home or long-term care facility, complete with trained staff. However, sometimes, it can be difficult to detect signs of abuse, as some staff will be on their best behavior or make slight changes you cannot notice, like being in the room during your visit, and other times, your loved one cannot express themselves due to their medical conditions.
Some signs you can look for when visiting your loved one that can be abused or neglected are:
- Unexplained bruises and cuts
- Drug overdose or injury
- Over or under medication
- Rapid weight loss or gain
- Changes in personality
- Broken bones from falls or assault
- Exposure to wandering from lack of supervision
Being denied visitation during regular visiting hours is another red flag. Staff not letting you be alone with your loved one is also concerning because it could be a sign they are hiding something. They do not want the resident to tell you what is happening, and by being in the room, they can intimidate them from saying anything.
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Nursing Home Wrongful Death in Oklahoma City
Sadly, some cases of nursing home abuse or neglect can lead to the death of a resident. Some of these deaths are not investigated because many residents have medical conditions that can be blamed for their deaths. Other times, the resident is older, and the staff will argue it was their time to go based on age.
However, your Oklahoma City wrongful death lawyer will investigate the cause of death and determine if the nurses, caretakers, or nursing home owners are responsible. You need legal representation if a family member dies from abuse or neglect, and BDIW Law will uncover the actual cause and who contributed to it. We cannot bring them back, but we can hold negligent parties responsible by gathering evidence and fighting for justice for your loved one.
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Nursing Home Abuse Cases Have Time Limits
When you see the signs of nursing home abuse, you must take swift action and speak to a nursing home abuse lawyer in Oklahoma City, OK, for the next steps. You have two years from identifying the signs of abuse to take legal action according to the statute of limitations. The sooner you take action, the better your chances of holding these negligent parties responsible for the harm or death incurred by a nursing home resident.
Oklahoma City Nursing Home Abuse FAQ
Nursing home abuse claims are notoriously sensitive and complex. We want you to feel empowered when you demand that your loved one’s abuser and other liable parties be held accountable to the fullest extent of the law. For that reason, we have answered 5 of the most frequently asked questions surrounding nursing home abuse and neglect claims below:
What Are the Signs of Nursing Home Abuse or Neglect?
Recognizing signs of abuse or neglect is critical. Neglect and abuse can include unexplained injuries, sudden weight loss, emotional withdrawal, poor hygiene, and changes in behavior. If you suspect any form of mistreatment, consult our Oklahoma City personal injury law firm for guidance.
How Can a Nursing Home Abuse Lawyer Help Us?
Our team handles countless nursing home abuse cases. We understand the complexities of elder law and relevant regulations. We can investigate your case, gather evidence, and pursue legal action to hold responsible parties accountable for their actions.
What Steps Should I Take if I Suspect Abuse in a Nursing Home?
If you suspect abuse, ensure your loved one’s immediate safety. Document any visible injuries or concerning incidents. Then, contact our lawyer for legal advice to protect your loved one’s rights.
You may be able to report the abuse to additional authorities. You might report your concerns to the Oklahoma Adult Protective Services and even the local police department. Doing so could protect other nursing home residents from continued abuse.
What Compensation Can Be Sought in Nursing Home Abuse Cases?
Your family has the right to total reimbursement for their suffering. Compensation may cover medical expenses, emotional distress, pain and suffering, and other damages. Our legal advocates will evaluate the specifics of your case to determine the appropriate compensation to pursue.
Why Choose an Experienced Oklahoma City Nursing Home Abuse Attorney at BDIW Law
At BDIW Law, we are dedicated to advocating for the rights and safety of the elderly in nursing homes. Our Oklahoma City nursing home abuse lawyer has a proven track record of representing victims and their families in cases of neglect, mistreatment, and abuse within long-term care facilities.
We understand the sensitivity of these situations and are committed to seeking justice for those who have suffered due to caregivers’ negligence. With our experienced legal team, you can trust that your loved one’s well-being is our top priority.
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Nursing home residents must trust the staff and facility they enter. They live here, and you want them to be comfortable and receive the best treatment. Nursing home staff and facility owners are responsible for their resident’s care.
Physical, emotional, financial, and sexual abuse have lasting impressions on victims. They are hurt, confused, and can suffer depression because the people who are meant to care for them are harming them. Call an Oklahoma City nursing home abuse lawyer from BDIW Law or fill out our quick contact form to request a 100% free consultation today.
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