Tulsa Nursing Home Abuse Lawyer

Nursing home abuse is a serious issue that affects some of the most vulnerable members of our community—elderly residents who depend on others for their daily care. 

Abuse and neglect in nursing homes can lead to devastating consequences, including physical pain, emotional trauma, and life-threatening conditions. Families place their trust in facilities, expecting compassionate care, only to discover that their loved one has been mistreated or neglected.

Working with an experienced Tulsa nursing home abuse lawyer is critical to holding nursing home staff and facilities accountable. We have the expertise to handle nursing home abuse cases, gather evidence, and pursue justice for victims. 

By seeking legal assistance, families can ensure their loved ones receive proper medical care and the compensation needed to recover from the harm caused by nursing home neglect and abuse.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of nursing home abuse obtain justice and fair compensation for the harm they’ve endured. Our Oklahoma nursing home neglect attorney team has extensive experience managing nursing home abuse cases with care and achieving meaningful results through substantial settlements and verdicts.

We perform detailed investigations to uncover the full scope of abuse, addressing all damages, including medical expenses, emotional suffering, and other losses. With our in-depth knowledge of nursing home abuse claims, we handle every aspect of the legal process with precision, working tirelessly to safeguard your rights.

Types of Cases Handled by Our Tulsa Nursing Home Abuse Lawyers

Nursing home abuse refers to any action or inaction that results in harm, distress, or injury to a nursing home resident. Abuse or neglect in nursing home facilities can take many forms, often leading to significant physical, emotional, and financial harm. 

Our experienced Tulsa nursing home abuse lawyers handle a wide range of cases to protect victims and hold negligent parties accountable.

Physical Abuse

Physical nursing home abuse occurs due to the intentional use of physical force that results in pain, injury, or impairment. This includes hitting, slapping, or the improper use of restraints. 

For example, a resident may be found with unexplained bruises or fractures due to rough handling by nursing home staff or the misuse of restraints. This abuse can lead to severe bodily injuries and long-term trauma for the victim.

Mental and Emotional Abuse

Elderly emotional abuse occurs when residents are subjected to verbal insults, threats, humiliation, or isolation, causing significant mental anguish or distress. This form of abuse can be as harmful as physical mistreatment, often leading to mental health issues or worsening existing conditions. 

A typical example is a resident becoming withdrawn or anxious after being repeatedly ridiculed or isolated by caregivers, resulting in noticeable behavioral changes and emotional suffering.

Sexual Abuse

This type of abuse involves any unwanted or non-consensual sexual contact, including inappropriate touching, coercion, or sexual exploitation. Residents with mental impairments or limited mobility are often the primary targets of this form of abuse. 

For instance, a resident may show fear around specific staff or exhibit physical symptoms, such as infections.

Medical Malpractice

Medical malpractice in nursing homes occurs when a facility fails to provide adequate medical care, resulting in harm to the resident. This might include untreated bed sores, misdiagnosis, or medication errors. 

For example, a resident could develop life-threatening infections from untreated bedsores or suffer severe health complications due to being given the wrong medication. These failures reflect a breach of the facility’s responsibility to ensure the health and safety of its residents.

Negligence

Nursing home neglect happens when staff fail to provide primary care, leading to harm or injury. This includes failing to maintain proper hygiene, provide adequate nutrition and hydration, or prevent unsafe conditions like wandering (elopement). 

For instance, a resident might suffer from dehydration and malnutrition because staff fail to assist with eating or drinking. Similarly, a resident found injured after wandering unsupervised demonstrates how neglect can result in preventable injuries and worsened medical conditions.

Financial Abuse

Financial abuse involves the exploitation of a resident’s assets, money, or personal property. This can include forging checks, coercing a resident to change legal documents, or stealing valuables. 

For example, a caregiver might use a resident’s credit card without permission or pressure them into signing over financial control. Such exploitation can leave victims and their families facing significant financial and emotional stress.

Wrongful Death

This occurs when nursing home negligence or abuse leads to a preventable death. This could involve untreated illnesses, serious injuries, or failure to provide timely medical care. 

For instance, a resident might die from an untreated infection caused by neglect or malnutrition due to inadequate care. These tragic losses highlight the devastating consequences of abuse and neglect in nursing homes.

If you suspect that your elderly loved one has been a victim of any of these forms of abuse or neglect, our Tulsa nursing home abuse lawyers are here to help. We are committed to ensuring victims and their families receive justice and compensation for the harm caused.

Understanding Your Legal Rights

Residents are protected under both federal and state laws, which establish standards for care and safeguard residents from abuse, neglect, and exploitation. These legal protections ensure residents receive the dignity, safety, and quality care they deserve. Families who believe a nursing home fails to meet these standards should understand their loved one’s rights.

Federal Protections: Nursing Home Reform Act of 1987

The Nursing Home Reform Act of 1987, part of the Omnibus Budget Reconciliation Act, is a federal law establishing the rights of nursing home patients receiving Medicare or Medicaid funding. Under this law, residents can receive proper medical care without discrimination. They are also protected from physical abuse, sexual abuse, emotional abuse, and neglect. 

The act prohibits the improper use of physical or chemical restraints and emphasizes the resident’s right to privacy, dignity, and respect in their care. Residents are also allowed to participate in decisions about their medical treatment and daily lives and have access to grievance procedures without fear of retaliation. 

Nursing homes that fail to comply with these standards risk losing federal funding and face potential legal action.

State Protections in Oklahoma

In Oklahoma, state laws enhance protections for nursing home residents through the Oklahoma Nursing Home Care Act, which requires facilities to meet strict standards for care and licensing. These laws ensure that residents live in clean and safe environments and mandate adequate staffing levels to meet residents’ needs. 

Facilities must conduct thorough background checks on employees to prevent harm and avoid negligent hiring practices. Oklahoma law also requires that any abuse or neglect be promptly reported to authorities, including local law enforcement or human services agencies. Violations of these regulations can result in penalties, license revocation, and lawsuits.

Eligibility to File a Claim

If a nursing home resident has suffered abuse, neglect, or other harm, several individuals may have the legal standing to file a claim. The residents can file if they are mentally and physically able to do so. 

In a nursing home neglect case where the resident cannot act independently, a legally appointed guardian or someone holding power of attorney may initiate the claim. Additionally, family members, such as children or spouses, are often able to file lawsuits, particularly in situations involving wrongful death or severe incapacity.

Liability in Nursing Home Neglect and Abuse Cases 

When nursing home abuse or neglect occurs, multiple parties may be held responsible for the harm caused to residents. Depending on the circumstances, liability can extend to individual caregivers, facility management, and even corporate owners. These parties have a legal duty to ensure the safety and well-being of residents.

Caregivers and Staff Members

Nursing home staff are often directly responsible for instances of physical abuse, sexual abuse, or neglect. Caregivers may also contribute to injuries by improperly using restraints or failing to provide basic needs like hygiene and nutrition. 

For example, a caregiver who handles a resident roughly, leading to physical injuries like bruises or fractures, can be held personally liable for their actions.

Facility Management

Management teams within nursing homes can be liable for failing to maintain safe environments, properly train staff, or ensure adequate staffing levels. Inadequate supervision or neglect to investigate reports of abuse or neglect can exacerbate harm to residents. 

For instance, if a manager overlooks repeated complaints about neglect, resulting in a resident developing severe bed sores, the facility can be held responsible for neglect.

Corporate Ownership

Corporate owners may prioritize profits over resident care, leading to understaffing, substandard facilities, or other cost-cutting measures that harm residents. 

For example, a corporation that fails to allocate sufficient resources for training or staffing may be held liable for the abuse and neglect resulting from these systemic failures.

Medical Providers

Healthcare professionals, including on-site doctors or nurses, can also be held accountable for medical malpractice in nursing homes. This may include medication errors, misdiagnosis, or failure to treat conditions like infections or dehydration. 

For example, a physician who neglects to monitor a resident’s chronic condition, leading to severe complications, can be liable for negligence.

Third-Party Vendors or Contractors

Third-party contractors, such as maintenance or security companies, can also share liability if their negligence leads to harm. 

For example, a security company that fails to address safety issues, allowing residents to wander off the premises, may be held accountable for any resulting injuries or harm.

How Our Tulsa Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced lawyers are dedicated to advocating for victims of nursing home abuse and neglect. With extensive experience handling nursing home cases, our legal team understands the emotional distress and financial toll abuse takes on nursing home residents and their family members. 

We are committed to holding negligent facilities and individuals accountable while securing the compensation your loved one deserves.

Free Case Evaluation

We offer a free case evaluation to review your situation and discuss your legal options. This initial consultation lets you share your concerns and ask questions about the nursing home abuse case. A nursing home abuse lawyer will assess the evidence, explain your rights, and provide clear guidance on the best steps to take—all at no cost or obligation to you.

Case Investigation

Our attorneys conduct a thorough investigation into the abuse or neglect. We gather critical evidence, such as medical records, staff logs, and witness statements, to establish the facts of the case. 

Whether it’s proving improper use of restraints, medical malpractice, or lack of proper supervision, our goal is to uncover how the nursing home fails to meet its responsibilities. This comprehensive investigation builds a strong foundation for your claim.

Filing the Claim

Once the investigation is complete, we prepare and file a formal claim against the responsible parties. This includes identifying liable individuals or entities, such as nursing home staff members, facility management, or corporate owners. 

Our team ensures that all filings comply with Oklahoma law and relevant deadlines, streamlining the process to minimize stress for you and your family.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement discussions. Our attorneys are skilled negotiators who will advocate for a settlement that covers all damages, including medical expenses, emotional trauma, and other losses. We work tirelessly to secure a fair offer, ensuring your loved one receives the compensation they deserve without unnecessary delays.

Trial Representation

If a fair settlement cannot be reached, we are fully prepared to take your case to trial. Our attorneys are experienced litigators who will present a compelling case in court, using evidence and expert testimony to demonstrate the abuse or neglect that occurred. We are dedicated to fighting for justice and holding the nursing home liable for the harm caused to your loved one.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 44 Medicare-certified nursing homes in Tulsa, but many fail to meet expected standards in various critical areas. Approximately 43% (19 facilities) have an overall rating classified as below or much below average, raising concerns about the quality of care provided. 

About 30% (13 facilities) fall short in health inspections, indicating potential issues with safety, cleanliness, and compliance with regulations. Staffing deficiencies are evident in 66% (29 facilities), highlighting challenges in providing adequate attention and care to residents. 

Additionally, 52% (23 facilities) score poorly in quality measures, which assess outcomes related to residents’ health and well-being. [1]

The worst-rated nursing homes in Tulsa include:

Spotting the signs of elder abuse is essential for protecting vulnerable residents. Many nursing home residents are unable to report abuse due to fear, cognitive challenges, or dependency on their caregivers. Families must remain vigilant and look for common signs of mistreatment or neglect.

• Unexplained injuries
• Bedsores or pressure ulcers
• Weight loss or dehydration
• Poor hygiene
• Changes in mood or behavior
• Fear of staff members
• Social withdrawal
• Bruising or injuries in sensitive areas
• Torn or stained underclothing
• STDs or other infections
• Unexplained financial transactions
• Missing personal belongings
• Changes in legal documents
• Worsening medical conditions
• Frequent hospitalizations

What to Do If You Suspect Nursing Home Abuse

If you suspect nursing home abuse or neglect, taking immediate action is crucial to protect your loved one and address the situation. Follow these steps to ensure their safety and hold the responsible parties accountable:

Call 911 if Your Loved One is in Immediate Danger

If your loved one is in immediate danger or has suffered serious harm, contact emergency services immediately. Calling 911 will ensure that medical professionals provide the necessary care and that law enforcement is involved in investigating and addressing the situation.

Report the Abuse to the Nursing Home Administrator or Management

Notify the facility’s administrator or management about your concerns. Nursing home facilities must investigate and resolve reports of abuse or neglect. Be sure to document all interactions with the management team, including the report’s date, time, and details. This documentation can serve as valuable evidence if a nursing home abuse case is pursued later.

File a Complaint with Your Local Ombudsman’s Office

The Ombudsman’s office advocates for the rights and safety of residents and investigates complaints regarding abuse, neglect, or poor care. Filing a complaint with your local Ombudsman can prompt an official investigation into the facility and help resolve issues affecting your loved one. 

The Ombudsman acts as an independent resource, working for residents and their families to ensure facilities comply with state and federal regulations.

Contact a Nursing Home Abuse Lawyer

An experienced Tulsa nursing home abuse lawyer can provide critical support in addressing nursing home neglect or abuse. A lawyer will investigate your case, collect evidence, and work to hold the nursing home and its staff accountable. 

We can also help you pursue personal injury claims to seek compensation for medical expenses, emotional trauma, and other damages.

Contact a Tulsa Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced Tulsa nursing home abuse attorneys are dedicated to helping families seek justice for their loved ones. 

We have extensive experience handling nursing home abuse cases, securing compensation for victims, and holding negligent facilities accountable. Whether your loved one has suffered from abuse, neglect, or financial exploitation, our team provides compassionate and skilled representation to protect their rights.

Contact a neglect lawyer today to schedule your free case evaluation, and let us help you seek justice and accountability for the harm caused to your loved one.

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

References: [1] Medicare