Broken Arrow Nursing Home Abuse Lawyer

Nursing homes are entrusted with caring for vulnerable individuals, providing a safe environment and proper medical care to residents who can no longer live independently. 

Unfortunately, nursing home abuse is a growing concern, with many nursing home residents suffering harm due to the actions—or inactions—of negligent parties. This abuse can leave lasting physical, emotional, and financial scars on victims and their families.

When nursing home abuse occurs, seeking immediate legal intervention is crucial. An experienced Broken Arrow nursing home abuse lawyer can help victims and their families hold responsible parties accountable and seek compensation for the harm caused. Legal representation ensures that victims’ rights are protected.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of nursing home abuse secure compensation and justice. Our experienced attorneys have successfully handled numerous nursing home abuse cases, delivering meaningful settlements and verdicts while treating each case with care and sensitivity.

We leave no stone unturned, conducting detailed investigations to address every aspect of the harm caused, including medical expenses, emotional suffering, and other losses. With extensive knowledge of nursing home abuse claims, our team works diligently to safeguard your rights and pursue the compensation you deserve.

Types of Cases Handled by Our Broken Arrow Nursing Home Abuse Lawyers

Nursing home abuse involves intentional harm or neglect that compromises the safety, dignity, and well-being of residents in care facilities. These acts can result in severe physical injuries, emotional trauma, and even loss of life. 

Our Oklahoma nursing home abuse lawyers handle a wide range of abuse cases to ensure victims and their families receive justice and compensation for their suffering. Below are the most common types of cases we address.

Physical Abuse

Physical abuse occurs when staff members or others use physical force to harm or control residents. This includes hitting, slapping, shoving, or improperly using restraints.

Mental and Emotional Abuse

Mental and emotional abuse involves actions or words that inflict psychological harm on nursing home residents. This can include verbal insults, threats, humiliation, or isolating residents from their loved ones.

Sexual Abuse

Sexual abuse in nursing homes is a deeply heinous act that involves any non-consensual sexual contact with a resident. This abuse is particularly egregious given the vulnerability of residents, especially those with physical or cognitive limitations.

Medical Malpractice

Medical malpractice occurs when a nursing home fails to provide proper medical care, leading to preventable harm. Examples include bedsores caused by improper care, medication errors, or failure to treat medical conditions promptly.

Negligence

Nursing home neglect involves failing to provide the primary care necessary to ensure a resident’s safety, health, and well-being. Neglect can manifest in many ways, such as poor hygiene, insufficient nutrition, bedsores, or lack of supervision, resulting in elopement or accidental injuries.

Financial Abuse

Financial abuse targets the assets of vulnerable residents, with perpetrators stealing personal property, forging signatures, or pressuring residents into economic transactions.

Wrongful Death

Wrongful death occurs when a resident dies due to abuse or neglect that could have been prevented. Examples include fatal injuries from falls, untreated infections, or medical errors. 

Losing a loved one under such circumstances is devastating, but families have the right to pursue legal action against the responsible parties. A wrongful death claim can address medical expenses, lost income, and the immense emotional toll caused by the loss.

Understanding Your Legal Rights

Federal and state laws safeguard nursing home residents’ right to live in a safe, caring, and respectful environment. These laws ensure that residents receive proper medical care, freedom from abuse, and protection from neglect or exploitation.

The Nursing Home Reform Act of 1987 establishes a comprehensive set of rights for residents in federally funded nursing homes. This law requires facilities to maintain a high standard of care, prioritize residents’ dignity, and prevent abuse or neglect. Key provisions include:

• The right to freedom from physical abuse, emotional abuse, and sexual abuse.
• The right to adequate supervision and quality medical care.
• The right to proper hygiene, nutrition, and a clean living environment.
• The right to manage personal finances without financial exploitation.
• The right to be treated with dignity and respect, without intimidation or threats.

In addition to federal protections, Oklahoma law imposes strict requirements on nursing homes, mandating proper staffing, training, and supervision. 

State regulations are designed to address issues like nursing home neglect, medical malpractice, and intentional harm caused by care facility staff. These laws empower residents and their families to take legal action against responsible parties when mistreatment occurs.

Eligibility to File a Nursing Home Abuse Claim

When a nursing home abuse case arises, several individuals may have the legal standing to file a claim:

• The nursing home resident: If the victim is capable, they can directly pursue legal action.
• Family members: When a resident has limited capacity due to a mental impairment or other condition, immediate family members can seek justice on their behalf.
• A personal representative: If the victim has passed away due to abuse or neglect, the executor of their estate or a designated representative may file a wrongful death claim.

Liability in Nursing Home Neglect and Abuse Cases 

When nursing home abuse or neglect occurs, multiple parties may share responsibility for the harm suffered by the resident. Liability depends on the circumstances of the abuse and the role of those involved in the care and operation of the facility. 

Identifying all responsible parties is essential in holding those accountable and pursuing maximum compensation for the victim and their family.

• Nursing home staff members: Caregivers, aides, or nurses who directly harm residents through physical abuse, emotional abuse, or neglect are often held accountable for their actions. For example, a staff member who withholds food or uses excessive physical force during caregiving can face legal consequences.
• Facility administrators: Nursing home administrators may be liable for failing to prevent abuse by hiring unqualified employees, failing to conduct background checks, or inadequately training staff. For instance, if a lack of supervision leads to sexual abuse or elopement, the administration can be held responsible.
• The nursing home facility: The nursing home may be liable for systemic failures, such as understaffing, lack of proper equipment, or unsafe conditions. The facility can face legal action if these failures result in injuries like bed sores or medical malpractice.
• Third-party contractors: In some cases, third-party vendors, such as medical professionals, therapists, or cleaning services, may contribute to a resident’s harm. For example, a contracted nurse administering the wrong medication may share liability in a nursing home abuse case.

How Our Broken Arrow Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced Broken Arrow nursing home abuse attorneys are dedicated to securing justice and compensation for victims of nursing home abuse and neglect. 

With a proven track record in handling complex nursing home abuse cases, we understand the challenges families face when a loved one is harmed in a care facility. Our legal team provides compassionate guidance and tenacious advocacy, ensuring every aspect of your case is addressed.

We offer various legal services to help you and your family seek compensation and hold negligent parties accountable.

Free Case Evaluation

We begin by offering a free consultation to review your situation. During this evaluation, we listen to your concerns, answer questions, and assess the potential for a nursing home abuse claim. This no-obligation discussion helps you understand your legal options and clarifies the following steps to protect your loved one’s rights.

Case Investigation

Our team conducts a comprehensive investigation into the abuse or neglect. This includes:

• Reviewing medical records to identify signs of harm or medical malpractice.
• Collecting evidence such as photographs of unexplained injuries, facility reports, and witness statements.
• Analyzing staff schedules, training records, and hiring practices to uncover negligent parties.

By building a solid foundation of evidence, we ensure no detail is overlooked in your case.

Filing the Claim

Once the investigation is complete, we handle the process of filing a nursing home abuse claim on your behalf. This includes preparing legal documents, identifying all responsible parties, and adhering to the statutes of limitation under Oklahoma law. We manage all aspects of the legal process, allowing you to focus on supporting your loved one’s recovery.

Settlement Negotiation

Many nursing home abuse cases are resolved through negotiation with the insurance company or facility. Our attorneys are skilled negotiators who fight to secure maximum compensation for damages such as medical expenses, emotional trauma, and lost property. We advocate relentlessly to ensure your settlement reflects the full extent of the harm caused.

Trial Representation

Our attorneys are prepared to take your case to trial if a fair settlement cannot be reached. With extensive courtroom experience, we present a compelling case to the court, using expert testimony, documented evidence, and legal arguments to demonstrate the responsible parties’ liability. We aim to achieve the compensation you deserve.

Common Signs of Elder Abuse Among Nursing Home Residents 

Broken Arrow is home to 46 Medicare-approved nursing homes, providing care and services to elderly residents needing assisted living. However, a significant portion of these facilities must catch up to acceptable standards in various areas of evaluation. Nearly 46% of nursing homes in Broken Arrow (21 out of 46) have an overall rating below or much below average.

Approximately 30% (14 out of 46) of facilities scored poorly in health inspections, highlighting concerns about cleanliness, safety, and adherence to state and federal regulations. 

About 65% of nursing homes (30 out of 46) received below or much below-average ratings for staffing, indicating potential issues with understaffing or lack of adequately trained personnel. 

Close to 48% (22 out of 46) of nursing homes demonstrated deficiencies in quality measures, which assess the effectiveness of care provided to residents. [1]

Elder abuse in nursing homes can manifest in various ways, often leaving victims vulnerable and unable to advocate for themselves. Families must be aware of the warning signs to take timely action.

• Unexplained injuries: Bruises, cuts, fractures, or burns that cannot be easily explained may indicate physical abuse. For example, repeated falls resulting in broken bones could signal neglect or improper supervision.
• Bedsores: These painful sores develop from prolonged pressure on the skin and are often a result of staff neglect or lack of repositioning.
• Signs of restraint: Marks or bruising on wrists and ankles may indicate improper use of restraints, a form of abuse that restricts mobility unnecessarily.
• Sudden withdrawal or fearfulness: If a resident becomes unusually anxious, withdrawn, or frightened around staff members, this could point to emotional abuse or intimidation.
• Uncharacteristic aggression: Outbursts of anger or frustration may reflect psychological harm caused by isolation, threats, or verbal abuse.
• Depression or hopelessness: A decline in mood or interest in activities may signal emotional neglect or mistreatment.
• Malnutrition or dehydration: Weight loss, dry skin, or other signs of poor hydration and nutrition could indicate nursing home neglect, such as failing to provide proper meals or fluids.
• Poor hygiene: Unclean clothing, soiled bedding, or lack of bathing may suggest inadequate nursing home care.
• Untreated medical conditions: Worsening existing medical conditions or a lack of timely medical treatment could indicate neglect or medical malpractice.
• Unsanitary conditions: Dirty living spaces, soiled common areas, or unkempt resident rooms may suggest broader neglect within the nursing facility.
• Fear of staff members: If a resident appears distressed when specific staff are nearby, it could indicate intentional harm or mistreatment.Bruising or injury near sensitive areas: Physical injuries around the genital or pelvic region should be investigated immediately.
• Infections or sexually transmitted diseases: These can be indicators of sexual abuse and require immediate legal intervention.
• Unexplained financial changes: Missing funds, altered wills, or unusual bank account activity may indicate financial abuse by staff or other caregivers. For instance, a resident may suddenly lack money for personal expenses despite having adequate funds.

The worst-rated nursing homes in Broken Arrow include:

What to Do If You Suspect Nursing Home Abuse

If you suspect your loved one is a victim of nursing home abuse or neglect, taking immediate action can protect their safety and hold responsible parties accountable. Follow these steps to ensure your loved one receives the care and protection they deserve:

Call 911 if There is Immediate Danger

If your loved one is in immediate danger, such as experiencing severe physical injuries or visible harm, contact emergency services right away. Emergency responders can provide urgent medical care and document the situation, which may be critical for a future nursing home abuse claim.

Report the Issue to Nursing Home Administrators or Management

Notify the facility’s management about your concerns. Document your complaint in writing and keep a copy for your records. A responsible nursing facility should address concerns promptly and take corrective action to prevent further harm.

File a Complaint with your Local Ombudsman’s Office

The Long-Term Care Ombudsman program advocates for nursing home residents and investigates complaints of abuse and neglect. Ombudsmen serve as impartial mediators who can intervene to resolve issues and ensure the facility complies with federal and state laws. 

Filing a complaint through this office can help protect your loved one’s rights while documenting the abuse for further legal action.

Contact a Nursing Home Abuse Lawyer

An experienced nursing home neglect lawyer can help you understand your legal options, investigate the abuse, and hold negligent parties accountable. They will work to seek compensation for damages such as medical expenses, emotional pain, and other losses.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse and their families may be entitled to recover various types of damages through a nursing home abuse claim. These damages address the harm caused and hold the responsible parties accountable for their actions or negligence.

Economic Damages

These compensate for measurable financial losses, including:

• Medical expenses: Costs for hospital stays, medications, therapy, and ongoing treatment.
• Lost income: If a family member loses income while caring for the victim or addressing the fallout of the abuse.
• Personal property loss: Reimbursement for stolen items, misappropriated funds, or other losses from financial exploitation.

Non-Economic Damages

These address the emotional and intangible impact of abuse or neglect, such as:

• Emotional pain and suffering: Compensation for trauma caused by emotional abuse or neglect.
• Loss of dignity and enjoyment of life: The loss of independence or enjoyment of life caused by harm or mistreatment.

Punitive Damages

In intentional or egregious misconduct cases, courts may award punitive damages to punish the negligent parties and deter future abuse.

Wrongful Death Damages

If abuse or neglect results in a resident’s death, surviving family members may seek damages for funeral costs and the emotional distress of losing a loved one.

The Cost of Hiring a Broken Arrow Nursing Home Abuse Lawyer

At Nursing Home Law Center, we believe every family deserves justice, regardless of their financial situation. That’s why our Broken Arrow nursing home abuse lawyers work on a contingency fee basis. This means there are no upfront costs or hourly fees for our services—our firm only gets paid if we successfully recover compensation.

You Have Limited Time to Take Legal Action in Broken Arrow

If you suspect nursing home abuse or neglect in Broken Arrow, it’s essential to act quickly. In most cases, the statute of limitations in Oklahoma for personal injury claims, including nursing home abuse cases, is two years from the date the abuse occurred or was discovered. For wrongful death cases, the two-year period generally begins on the date of the victim’s passing. 

Taking swift action allows your attorney to preserve evidence, interview witnesses, and file within the required timeframe. Delays could jeopardize your ability to hold negligent parties accountable and secure maximum compensation.

Contact a Broken Arrow Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced Broken Arrow nursing home abuse attorneys are dedicated to fighting for the rights of vulnerable residents and their families. With a proven track record of success in handling nursing home abuse cases, we provide compassionate guidance to ensure victims receive the justice and compensation they deserve.

Contact us today for a free consultation to discuss your case, explore your legal options, and start the process of holding responsible parties accountable.

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

References: [1] Medicare