Lawton Nursing Home Abuse Lawyer

Nursing home abuse can take many forms, such as bodily harm, emotional abuse, medical malpractice, and neglect, all of which can severely impact a victim’s quality of life. For Oklahoma families, discovering that a loved one has suffered abuse is devastating and often raises feelings of anger, confusion, and helplessness. 

Taking legal action with the help of a qualified Lawton nursing home abuse lawyer is a crucial step in protecting victims, holding negligent parties accountable, and preventing further harm to others. Seeking legal guidance helps victims secure the compensation they deserve for medical expenses and ensures that negligent facilities and staff are held responsible.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we work relentlessly to seek compensation for every victim of Oklahoma nursing home abuse. Our Oklahoma nursing home abuse attorneys have handled numerous abuse cases carefully and achieved substantial settlements for our clients.

We conduct comprehensive investigations to address every aspect of abuse, including medical bills, emotional trauma, and other damages. With our extensive experience in nursing home abuse claims, we handle the legal process efficiently and fight tirelessly beside you.

Types of Cases Handled by Our Nursing Home Abuse Lawyers

Nursing home abuse occurs when Oklahoma residents suffer harm due to neglect, violence, emotional manipulation, or exploitation in a facility meant to provide adequate care. This abuse can take many forms, often leaving victims with lasting injuries, emotional suffering, and financial losses. 

Our Lawton nursing home abuse lawyers handle various cases to help families secure justice.

Physical Abuse

This abuse involves intentional harm to an Oklahoma nursing home resident through actions such as hitting, pushing, or kicking. The unnecessary or excessive use of physical restraints, such as tying a resident to their bed, is also considered physical abuse and violates their rights.

Mental and Emotional Abuse

Mental or emotional elder abuse occurs when staff members or others use words, threats, or actions to cause fear, humiliation, or distress. Examples include yelling, demeaning comments, or isolating residents from social interaction.

Sexual Abuse

Elderly sexual abuse refers to any non-consensual sexual contact with an Oklahoma nursing home resident. Elderly residents, especially those with cognitive impairments, are at greater risk. Sexual abuse can include unwanted touching, harassment, or assault.

Medical Malpractice

Malpractice in facilities occurs when patients receive substandard medical care, resulting in harm. Common examples include untreated bedsores, improper medication dosages, or delayed medical treatment. These failures often stem from staff negligence and can lead to severe health complications for the resident.

Negligence

Negligence occurs when nursing home staff fail to provide the essential care to maintain their well-being. Examples include poor hygiene, lack of proper nutrition, dehydration, and allowing residents to wander off unsupervised (elopement). This can result in severe health issues and compromise a resident’s safety and dignity.

Financial Abuse

Financial abuse involves exploiting a resident for monetary gain. Examples include stealing funds, forging signatures, or coercing elderly people to change their financial documents.

Wrongful Death

This may result from untreated medical conditions, abuse, or neglect that causes fatal complications. You can pursue a death claim to hold the Oklahoma facility accountable and seek justice for the loss of a loved one.

Understanding Your Legal Rights

Nursing home residents are protected under federal and state laws that guarantee their right to receive proper care and live free from abuse, neglect, and exploitation. When these rights are violated, legal action can be taken to hold responsible parties accountable.

The Nursing Home Reform Act of 1987 establishes federal standards for nursing homes that receive Medicare or Medicaid funding. Under this law, Oklahoma residents have the right to live free from physical, emotional, and financial abuse. They are also entitled to proper medical treatment, nutrition, and hygiene care. 

Additionally, patients have the right to make decisions about their care and treatment plans, retain personal belongings, maintain privacy, and report concerns or grievances without fear of retaliation. These protections ensure patients receive the respect and care they deserve.

In Oklahoma, state laws provide further protections to nursing home residents. Nursing homes must comply with licensing requirements, staffing standards, and safety regulations. 

Facilities must report suspected abuse to Adult Protective Services (APS) and other regulatory agencies. Oklahoma law also empowers residents and their families to file complaints if they suspect mistreatment.

Eligibility to File a Claim 

Several parties can file Oklahoma nursing home abuse claims. Loved ones who can advocate for themselves may initiate legal action directly. If the resident cannot act due to physical or cognitive limitations, family members or legal guardians can step in to file a claim on their behalf. 

In cases of wrongful death, the estate of a deceased resident may file a claim to seek compensation for damages, including medical bills to treat an injury and loss of companionship.

Liability in Nursing Home Neglect and Abuse Cases 

When nursing home abuse occurs, multiple parties may be held liable depending on their role in causing or enabling the harm. 

Liability often extends beyond the individual directly responsible for the abuse, as systemic issues within the Oklahoma facility or actions by third parties can also contribute. Identifying all liable parties is critical to ensuring victims receive the settlement they deserve.

Nursing home facilities are often liable. This includes cases where the facility fails to hire qualified staff, neglects to provide proper training, or operates with insufficient staffing. For example, a nursing home that does not maintain adequate staff to care for residents may be liable for harm caused by neglecting residents, such as dehydration or pressure sores.

Staff members who directly engage in abusive or negligent behavior can also be held accountable for abuse, verbal mistreatment, or failure to provide necessary care. For instance, if a staff member ignores a resident’s medical needs, leading to serious health complications, they may be personally liable for the resulting injuries.

Corporate owners of nursing homes may share responsibility, particularly when profit-driven policies compromise resident care. For example, if a corporate entity enforces budget cuts that lead to unsafe staffing levels or inadequate care, it can be liable for the harm caused.

Third-party contractors, such as medical providers or maintenance personnel, can also contribute to neglect or abuse. If an outside contractor’s negligence—such as failing to repair unsafe equipment or improperly administering medications—leads to harm, they may be liable.

In some cases, other residents may be the source of abuse, such as in incidents of physical or sexual assault. While the abusive resident may bear responsibility, the nursing home can also be liable if they fail to supervise residents or address known risks.

How Our Lawton Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, Oklahoma attorneys bring extensive experience to every nursing home abuse case, advocating tirelessly for victims. 

Our nursing home negligence attorney team understands the devastating effects abuse and neglect have on residents and is dedicated to holding negligent nursing homes accountable. We provide quality representation to help them obtain the compensation they deserve.

Free Case Evaluation

Our process begins with a free consultation, during which attorneys review your case and discuss your legal options. This step allows you to share your concerns, ask questions, and receive guidance without financial obligation.

Case Investigation

We conduct a thorough investigation to uncover evidence. This process includes reviewing medical records, interviewing witnesses, analyzing nursing home policies, and examining any history of prior violations or complaints. We aim to build a strong case demonstrating liability to help your loved one.

Filing the Claim

Once the evidence is gathered, we prepare and file a claim on behalf of your loved one. This includes ensuring all legal documentation is completed accurately and submitted within Oklahoma’s statute of limitations. We handle the legal complexities so you can focus on your loved one’s well-being.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement discussions. Our attorneys are skilled negotiators who work with the responsible parties, including insurance companies, to seek a fair settlement that covers medical costs, distress, lost income, and other damages.

Trial Representation

Our team is fully prepared to take your case to trial if a fair settlement cannot be reached. With extensive courtroom experience, we provide solid legal representation to fight for the best possible outcome for you and your loved one.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are six Medicare-certified nursing homes in Lawton, Oklahoma, but a significant proportion fail to meet acceptable standards in critical areas. Approximately 67% of these facilities have received an overall score rated as “below average” or “much below average,” raising concerns about the quality of care provided to residents.

Regarding health inspections, 50% of nursing homes are rated below average, reflecting issues in maintaining safe and compliant environments. Additionally, all six facilities (100%) have below-average staffing ratings, highlighting problems with understaffing or improperly trained personnel.

Quality measures assessing outcomes related to resident care show that 50% of these nursing homes have below-average scores. These statistics underscore the importance of vigilance and strong advocacy to ensure residents receive the care they deserve. [1]

Elder abuse in nursing homes often goes unnoticed until the signs become severe. Family members should be aware of potential indicators to protect their loved ones. Abuse or neglect can present in various ways, including physical, emotional, and behavioral changes. Here are common signs to watch for:

• Unexplained injury
• Bedsores or pressure sores
• Frequent falls
• Restraint marks
• Withdrawal or depression
• Fearfulness or anxiety
• Behavioral changes
• Injuries in sensitive areas
• Sexually transmitted infections (STIs)
• Fear of being touched
• Poor hygiene
• Malnutrition or dehydration
• Untreated medical conditions
• Wandering or elopement
• Unexplained financial activity
• Loss of personal belongings

The worst-rated nursing homes in Lawton include:

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse and their families may be entitled to various types of damages, depending on the harm they had to suffer.

Economic damages cover the measurable financial costs. These damages include:

• Medical expenses
• Lost wages
• Future medical care

Non-economic damages address the emotional and psychological impact of abuse or neglect. Examples include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment

In cases where the abuse was intentional or egregious, the court may award punitive damages. These are intended to punish the negligent party and deter similar behavior in the future.

If abuse or neglect leads to a resident’s death, the victim’s family may pursue an unjust death claim. Damages in these cases can include:

• Funeral and burial costs
• Loss of companionship
• Loss of financial support

Each case is unique, and the damages awarded depend on the circumstances of the abuse. Consulting with a nursing home abuse lawyer ensures that you pursue all applicable damages to provide justice and support for your loved one’s recovery and well-being.

The Cost of Hiring a Lawton Nursing Home Abuse Lawyer

At Nursing Home Law Center, every person deserves quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis, meaning you don’t pay any upfront legal fees. Our attorneys only receive payment if we recover compensation for you or your loved one.

Contact a Lawton Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, we are dedicated to standing up for nursing home residents who suffer from abuse or neglect. 

With years of experience handling nursing home abuse claims, our team knows what it takes to hold facilities accountable and pursue maximum compensation for your injured loved one. We approach each case with compassion and determination, whether we’re negotiating a settlement or fighting for justice in court.

If you suspect that your loved one has been a victim of nursing home abuse in Lawton, take the first step toward justice. Contact us today for a free consultation to learn how we can help protect your family’s rights.

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

References: [1] Medicare