Seniors with declining health or residence in a long-term care facility are more susceptible to abuse and neglect. Unfortunately, the loss of living independently often comes with reduced mental capacity. Those with reduced mental capacity are often the victim of neglect by reckless actions of caregivers or abuse by caretakers.
The shortage of highly qualified staff, difficult working conditions, residence isolation, and the reluctance of nursing home residents to report their abuse or neglect causes an increase in this type of abuse. The pressure on nursing homes to increase the number of residents, while reducing staff to the lowest legally permissible number is a dangerous combination.
The Edmond Nursing Home Neglect and Nursing Home Abuse Attorneys at OKC Injury Lawyer understand the effects of having a family member suffer nursing home neglect or abuse. We are FIERCE ADVOCATES dedicated to ensuring every one of our clients receives the financial compensation they deserve and need to survive the medical expenses and damage caused by being the victim of nursing home negligence or abuse.
Oklahoma Nursing Home Abuse Attorneys in Edmond
The OKC Injury Lawyer works with individuals injured in a wide range of nursing home negligence and nursing home abuse cases in Oklahoma. You need experienced and effective legal representation to Fight for Your Rights, if you or a loved one has been abused or neglected in a nursing home in Oklahoma.
The significance of a being hurt or losing a love one in a nursing home abuse or negligence case cannot be overstated. It is critical that you or your family speak to a qualified attorney today. Please complete the CONTACT FORM ON THIS PAGE NOW or CALL at (405) 906-4051 for a FREE NO-OBLIGATION confidential case evaluation.
What Protects Nursing Home Residents?
The Oklahoma Nursing Home Care Act or Long-Term Care Report and Accountability Act provides a cause of action for nursing home residents or their guardians to seek damages for violations of nursing home resident rights. OKC Injury Lawyer use Fierce Advocacy to investigate and fight for our clients that have been injured, neglected, abused or even assaulted in a nursing home or senior resident facility.
How to Identify Nursing Home Abuse and Neglect
Nursing home neglect in Oklahoma typically involves the failure to protect or failure to provide the services necessary to prevent physical harm, mental suffering, or physical abuse by a caretaker. Caretaker is abuse is the intentional infliction of an injury, intimidation, unjust confinement, or punishment resulting in physical harm or mental anguish.
Nursing home abuse and neglect can be identified through multiple means; whether emotional or physical abuse. You should be observant of the following red flags of nursing home abuse or neglect, if you have a loved one in a nursing home or senior home:
Emotional Abuse: nursing home residents can be emotionally abused without outwards signs appearing for long periods of time; however, the following are signs of emotional abuse by a caretaker: extreme withdraw, easy agitation, an unwillingness to speak, or caginess, i.e. unreasonable responses to stimulus.
Physical Abuse: bruises, burn marks, untreated open wounds, skin discoloration, or any other injury, which the nursing home staff or caretaker cannot explain. Other less obvious signs of physical abuse by a caretaker include changes in behavior of your loved one, poor personal care, or sudden weight loss.
Caretaker Neglect: neglect typically includes dehydration, bedsores, malnutrition, and poor hygiene; bedding that is dirty or has stains; soiled bedding or clothing; or the odor of urine or fecal matter. Caretaker neglect is the easiest form of caretaker abuse or neglect to identify. Caretaker neglect may be taking place, if a loved one is not receiving the standard of care you expect in any area of their life.
Specific Types of Elder Abuse and Neglect
You should always follow-up if a loved one reports they have been subject to elder abuse or caretaker neglect. Unfortunately, many residents of nursing homes are unable to communicate or are afraid that if they report nursing home neglect or abuse they will receive worse treatment for complaining. In order to protect a loved one from nursing home abuse; you must be able to identify nursing home abuse. The following are the primary categories of mistreatment to the elderly:
Physical Abuse – causing or threatening pain or physical injury. Although it may go without saying, the following are common types of physical abuse by a caretaker: hitting, grabbing, kicking, punching, slapping, pushing, pulling for non-medical reasons.
Emotional and Psychological Abuse – causing or threatening mental pain and anguish by verbal and non-verbal acts. Common abuse of this type includes false blame, scolding, threatening, humiliating, harassing, or emotional trauma. Psychological abuse is often the most difficult to identify but often involves exclusion or isolation of nursing home residents.
Financial Exploitation – stealing from resident, misusing funds, stealing or misusing assets of a nursing home resident, or causing a nursing home resident to change their will, insurance policy, or other financial accounts to the benefit of the caretaker.
Neglect – a nursing home or nursing home staff failing to provide sufficient hygiene assistance, health care, safety, food, or shelter. Neglect can be intentional or pure negligence. Both intentional and un-intentional neglect are both types of damages that can be compensated.
Sexual Abuse – any non-consensual sexual contact is sex abuse. Additionally, “consensual” sexual contact may be sexual abuse, if the resident is unable to give consent. Anyone unable to communicate or understand the choice of sexual acts, from dementia or other mental capacity issues, cannot form legal consent to a sex act and is a victim of sexual abuse, if they participate in a sexual act with a caretaker.
How can a family recover damages in a Nursing Home Case?
A family or nursing home resident may be entitled to compensation for nursing home abuse or neglect if the abuse or neglect can be proven by a preponderance of the evidence. The bases for monetary compensation can include the following:
- Physical pain
- Emotional and mental suffering
- Medical expenses – future and present
- Punitive Damages
- Attorney Fees – for Nursing Home Act violations
How to Report Oklahoma Nursing Home Abuse?
You should take immediate action if a loved one has been abused or neglected by a nursing home or caretaker in Oklahoma. The following action should be taken, if you believe a loved one has been subject to nursing home abuse and negligence:
- Immediate Danger: remove them from the facility, if physically safe, get help, and call 911 for emergency help.
- Verbal Report: contact management of the nursing home facility and detail your concerns about your loved one’s condition or care. After you have verbally reported the concern to management; make sure you make a written report to document the concern. Finally, you should ask for a written response.
- Document. Document. Document: write everything down with dates and times of the concerning care or conditions that you witnessed. Any incidents of neglect or alleged abuse should be noted.
- Contact the State: The state has a department, Oklahoma State Department of Health (“DHS”), dedicated to ensuring the health of everyone within the territorial bounds of Oklahoma is protected. The specific division within DHS that handles nursing home negligence and nursing home abuse is the following:
Phone: (800) 747-8419
Email: [email protected]
You should report any incident of nursing home neglect or abuse to the State; however, the Fierce Advocates at OKC Injury Lawyer will investigate and fight for immediate action in response to your loved one’s abuse or neglect.
- Contact a Nursing Home Neglect and Abuse attorney: Contact OKC Injury Lawyer for Fierce Advocacy. We fight for every client by investigating nursing home abuse or neglect to protect the rights of every victim. We fight for compensation for every client and seek compensation for the injury to or loss of a loved one, including elderly.
OKC Injury Lawyer your Fierce Advocates
Our team understands the challenges and fears you are facing when dealing with a loved that has been subjected to nursing home negligence or abuse. We are dedicated to working with and for our clients and their families every step of the way. Our firm independently examines all the evidence and investigates the facts and circumstances of your case to protect your rights and maximize your recovery.
OKC Injury Lawyer is ready to be your Fierce Advocates and Fight for Your Rights.
Contact OKC Injury Lawyer to protect your rights and maximize your recovery. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at (405) 906-4051 for a FREE NO-OBLIGATION confidential case evaluation.