Oklahoma City Nursing Home Abuse Lawyer

Nursing home abuse is a devastating reality faced by many families, with many elderly residents often suffering physical harm at the hands of those entrusted with their care. 

Whether elder abuse involves physical injuries, emotional pain, or economic exploitation, its impact on the elderly population can be severe, leading to long-term physical and psychological harm for victims.

For families, uncovering signs that a loved one has suffered abuse in a nursing facility or assisted living facility is heartbreaking. Unfortunately, many residents are unwilling or unable to report abuse due to fear, mental impairment, or a lack of support. This makes it critical for family members to stay vigilant and take action at the first indication of harm.

Partnering with an experienced Oklahoma City nursing home abuse lawyer is a vital step to prove abuse and protect your loved one’s rights. These professionals can provide the legal representation needed to hold nursing home facilities accountable, pursue justice for victims, and secure maximum compensation for the harm caused. 

A skilled attorney will investigate the circumstances of the abuse, collect evidence, and advocate tirelessly for the safety and dignity of your loved one.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of nursing home abuse achieve justice and secure the compensation they deserve. Our Oklahoma nursing home neglect attorneys have extensive experience handling nursing home abuse claims, delivering compassionate representation, and obtaining substantial settlements and verdicts.

We carry out comprehensive investigations to uncover every detail of the abuse, ensuring all damages—such as medical expenses, emotional distress, and other harm—are thoroughly addressed. With our in-depth knowledge of nursing home abuse claims, every nursing home abuse lawyer will effectively manage your case and work tirelessly to defend your rights.

Types of Cases Handled by Our Oklahoma City Nursing Home Abuse Lawyers

Nursing home abuse occurs when an elderly resident in a nursing facility or assisted living facility suffers harm due to neglect, mistreatment, or intentional acts. This abuse can take many forms, including physical harm, emotional trauma, financial exploitation, or medical negligence. 

It often leads to significant emotional and physical pain and suffering for the victim and their family. Below are the main types of nursing home abuse cases we handle.

Physical Abuse

This abuse in Oklahoma City nursing homes involves the use of physical force that causes injury, pain, or distress to a nursing home resident. This type of abuse can include hitting, shoving, or mishandling residents during care. The improper use of physical restraints is a typical example of abuse in nursing homes.

For example, a resident develops bruises on their wrists from being restrained too tightly or is frequently hospitalized due to falls caused by rough handling.

Mental and Emotional Abuse

Emotional and mental abuse in nursing homes includes actions or words intended to inflict psychological pain or distress. This type of abuse can lead to feelings of isolation, fear, or depression.

For instance, a caregiver might humiliate a resident in front of others or isolate them from social activities, causing noticeable changes in mood or behavior.

Sexual Abuse

Elderly sexual abuse involves any unwanted or non-consensual sexual contact. Residents with mental impairments or other vulnerabilities are particularly at risk for this form of abuse.

For example, a resident displaying sudden fear of staff members or suffering unexplained injuries in sensitive areas may be experiencing this abuse.

Medical Malpractice

Medical malpractice in nursing homes occurs when substandard care leads to preventable harm. This may involve neglecting to treat or prevent bedsores, administering the wrong medication, or failing to monitor chronic conditions.

For instance, a resident develops severe, infected bedsores due to staff neglect or suffers adverse effects from repeated medication errors.

Negligence

Nursing home negligence refers to a failure to provide proper care, which can harm a resident. Common forms include poor personal hygiene, malnutrition, dehydration, or allowing residents to wander unsupervised (elopement).

For example, a resident loses significant weight because staff fails to assist with meals or experiences dehydration due to a lack of regular water intake.

Financial Abuse

Financial abuse involves misusing or stealing a resident’s money, assets, or property. It can include forging checks, stealing valuables, or pressuring a resident into changing their financial documents.

For instance, a caregiver may withdraw large sums from a resident’s bank account without authorization or manipulate them into signing over control of their finances.

Wrongful Death

These cases arise when neglect or abuse leads to the preventable death of nursing home patients. Common causes include untreated infections, malnutrition, or injuries from unsafe conditions.

For example, a resident dies from sepsis after untreated bedsores or succumbs to injuries caused by repeated falls due to a lack of supervision. This nursing home abuse case would also involve a death settlement.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents’ right to safety, dignity, and proper care. These laws hold nursing facilities accountable for providing a safe environment and protecting residents from harm. Understanding these rights is crucial for victims of nursing home abuse and their family members seeking justice.

The Nursing Home Reform Act of 1987 established critical standards for care in facilities that receive Medicare or Medicaid funding. Fundamental rights guaranteed under this federal law include:

• The right to receive adequate medical care and attention
• Freedom from physical abuse, emotional abuse, and sexual abuse
• The right to privacy, dignity, and respect
• The ability to make decisions about their care and treatment
• Access to an environment free from nursing home neglect, financial abuse, and other harm.

Facilities that fail to meet these standards may face legal consequences, including liability for damages in nursing home cases.

The Nursing Home Care Act complements federal protections in Oklahoma by setting additional requirements for nursing homes and assisted living facilities. These laws ensure that:

• Residents receive care in a clean, safe environment
• Facilities maintain adequate staffing levels to meet residents’ needs
• Abuse, neglect, or exploitation is reported to Adult Protective Services or other authorities

State law requires facilities to report and investigate incidents where residents are harmed or at risk of harm, ensuring accountability for nursing home staff members and administrators.

Eligibility to File a Claim 

When a nursing home resident has suffered abuse, several individuals may be eligible to file a legal claim on their behalf:

• The residents themselves, if they are mentally and physically capable
• A legal guardian or person holding power of attorney for the resident
• Family members, such as children or spouses, especially in cases involving wrongful death

Liability in Nursing Home Neglect and Abuse Cases 

When nursing home abuse or neglect occurs, liability may extend to multiple parties depending on the specific circumstances. From individual caregivers to corporate ownership, everyone caring for an elderly adult must protect them from harm. When that duty is breached, these parties can be held accountable for the resulting injuries, emotional trauma, or other damages.

• Nursing home staff members: Caregivers, aides, and other employees can be held directly responsible for abuse, neglect, or financial abuse.
• Nursing home management: Facility administrators may be liable for failing to hire qualified staff, properly train employees, or supervise care. Poor staffing decisions often contribute to nursing home negligence.
• Other residents: Elderly residents may harm each other due to inadequate supervision. Facilities are responsible for ensuring that all residents are safe from aggression or harm caused by their peers.
• Third-party contractors: Outside professionals, such as physicians or maintenance workers, can also be liable if their actions contribute to harm. This is common in cases involving medical malpractice or unsafe premises.
• Corporate ownership: If a nursing home is part of a larger corporation, the parent company may be liable for systemic issues like budget cuts, understaffing, or failure to maintain safe facilities.

A professional nursing home abuse lawyer can help you determine liability in your elder abuse case. 

How Our Oklahoma City Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced Oklahoma City nursing home abuse lawyers have a long history of advocating for victims of nursing home abuse and neglect. We understand the devastating impact abuse can have on residents and their family members and are committed to holding nursing homes accountable for their failures.

Free Case Evaluation

We offer a no-obligation consultation to evaluate your case, answer your questions, and explain your legal options. During this initial meeting, a nursing home negligence and abuse lawyer will review the circumstances of the suspected abuse, discuss any evidence, and guide the following steps. This consultation is free and helps you understand how we can help.

Case Investigation

Our attorneys conduct thorough investigations to uncover the full extent of the abuse or neglect. This includes gathering critical evidence such as medical records, witness statements, and facility reports to establish liability. 

By examining issues like staff training, facility policies, and resident conditions, we build a strong case that addresses all forms of harm, from physical injuries to emotional ones.

Filing the Claim

Once the investigation is complete, we will prepare and file a formal nursing home abuse claim on your behalf. This involves identifying the responsible parties, detailing the damages suffered by your loved one, and ensuring the claim complies with all legal requirements under Oklahoma law. Our team handles all aspects of this process to minimize stress for you and your family.

Settlement Negotiation

Many nursing home abuse cases are resolved through negotiated settlements. Our attorneys are skilled negotiators who will advocate tirelessly to secure a settlement that fully compensates for your loved one’s medical treatment, pain and suffering, and other damages. We work to ensure any settlement offer reflects the actual value of the harm caused.

Trial Representation

We are prepared to take your case to trial if a fair settlement cannot be reached. Our attorneys are experienced litigators who will present a compelling case in court, using evidence and expert testimony to fight for justice. We are committed to holding the nursing home liable for its negligence or abuse, pursuing every avenue to achieve a favorable outcome.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Oklahoma City, there are 54 Medicare-approved nursing homes, and 26 of these facilities (48%) have an overall rating classified as below or much below average, raising concerns about the quality of care being provided. 

Specifically, 24 nursing home facilities (44%) demonstrate subpar performance in health inspections, and 27 facilities (50%) have staffing deficiencies. Additionally, 14 nursing homes (26%) score poorly in quality measures. [1]

The worst-rated nursing homes in Oklahoma City include:

Detecting nursing home abuse can be challenging, especially when residents are unable or unwilling to voice their concerns. However, there are warning signs that families can look for to identify possible abuse or neglect.

• Unexplained bruises, cuts, or fractures: These injuries may result from force, rough handling, or improper use of physical restraints.
• Frequent hospital visits: Repeated or severe injuries requiring medical care may suggest abuse.
• Behavioral changes: Depression, anxiety, or withdrawal can indicate psychological abuse, such as verbal threats, humiliation, or isolation.
• Fearfulness or agitation: Sudden fear of specific staff members or residents may point to mistreatment.
• Physical signs of sexual trauma: Bruising, bleeding, or infections in sensitive areas may indicate sexual abuse.
• Emotional distress: Fear, embarrassment, or refusal to be left alone with specific individuals may signal abuse.
• Poor personal hygiene: A lack of bathing, grooming, or clean clothing may indicate neglect by caregivers.
• Malnutrition or dehydration: Insufficient food or water can result in significant weight loss or symptoms of dehydration, such as dry skin or cracked lips.
• Unexplained financial changes: Missing money, unauthorized withdrawals, or sudden alterations to wills or powers of attorney may suggest financial exploitation.
• Missing personal property: Items like jewelry, cash, or heirlooms that disappear without explanation.

Contact an Oklahoma City Nursing Home Abuse Lawyer Today!

At Nursing Home Law Center, our experienced Oklahoma City nursing home abuse lawyer teamm has a proven track record of helping families seek justice and compensation for victims of nursing home abuse. With a commitment to holding nursing home facilities accountable, our legal team provides compassionate support and skilled advocacy at every stage of your case.

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

References: [1] Medicare