Has your loved one been neglected or abused in a nursing home or residential facility?
The most common types of neglect and abuse are malnutrition, falls, dehydration, pressure sores, infections, burns, and assaults. Staffing and training deficiencies often cause these injuries. There are probably other residents in the facility who are also being neglected or abused; in fact there is probably a continuing pattern of neglect at the facility. The facility's history of violations of both federal and state law can show this pattern. Ryan, Bisher, Ryan aggressively investigates and pursues any kind of neglect, abuse or assault to residents of a nursing home or residential facility.
The population is getting older, but institutions are not taking care of the elderly as ordered by state and federal law. Some nursing homes act as warehouses for the elderly instead of taking on the necessary responsibilities for providing skilled nursing services to their residents. Elder Law is little understood by most Americans, but its intention is to protect the elderly from abuse, neglect, carelessness, broken bones, accidents and wrongful death in nursing homes. No family member should have to tolerate mistreatment of a loved one placed in a nursing home.
In 1997, there were approximately 1.6 million elderly and disabled in 16,800 nursing homes across the United States. Sadly, it's estimated that as many as 35,000 die prematurely every year due to carelessness, abuse and neglect. Unfortunately the American taxpayer is paying for this lack of care. In 1997, nursing homes received more than $27 billion dollars in government funds mostly from Medicare and Medicaid programs. In short, these facilities are being paid for care they are not providing and hundreds of thousands of helpless people are suffering due to neglect, negligence, abuse and broken bones.
"Neglectful caregivers are preying not only on elderly residents but also on American taxpayers." Time Magazine
"Congress reports many nursing home residents are beaten and starved." Time Magazine
"Nursing mistakes, kill and injure thousands" Chicago Times
What is a Nursing Home Administrator?
I was told my mother would get "personal care", what is that supposed to mean?
Does the nursing home have to be licensed by the state?
Is the nursing home inspected by the state?
Does the Nursing Home Act allow me to sure a nursing home?
What type of compensation is the resident entitled to for the nursing home's negligence?
"Nursing facility" means a home, an establishment or an institution, which is primarily engaged in providing:
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skilled nursing care and related services for residents who require medical or nursing care,
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rehabilitation services for the treatment of injured, disabled, or sick persons, or
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on a regular basis, health care and services to people who need more than just live-in services and which are only available through a nursing facility.
What is a Nursing Home Administrator?
"Administrator" means the person licensed by the State of Oklahoma who is in charge of a facility. An administrator must devote at least one-third ( 1/3 ) of their working time to on-the-job supervision of the nursing home.
I was told my mother would get "personal care", what is that supposed to mean?
"Personal care" means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision of the physical and mental well-being of a person who is incapable of taking care of themselves, whether or not a guardian has been appointed for them.
"Neglect" means failure to provide goods and/or services necessary to avoid physical harm, mental suffering, or mental illness. Bedsores are prime examples of neglect.
"Abuse" means the intentional infliction of injury, unreasonable confinement, intimidation or punishment, with resulting physical harm or mental distress. Hitting a resident or placing a resident in restraints simply to avoid having to deal with the resident's needs are examples of abuse.
Nursing home abuse and neglect can show itself in many ways, physically and emotionally. You should pay attention to the following signs:
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Physical - Open wounds, cuts, bruises, welts or discoloration. Caretaker cannot adequately explain condition. Elder's sudden change in behavior. Loss of weight. Burns caused by cigarettes, harsh chemicals or acids. Poor personal cleanliness.
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Emotional Abuse - The Nursing Home resident is emotionally upset or agitated or is extremely withdrawn and won't talk. Unusual behavior [sucking, biting, rocking]. Dehydration, malnutrition, pressure sores. Poor personal hygiene. Begs for food. Unsanitary and unclean conditions. Dirt, soiled bed, fecal or urine odor.
Yes you have the right, at the request of the nursing home resident, to open access to the home. "Access" means you have the right to enter a nursing home, to talk privately and without unreasonable restriction when invited to do so by a resident. The state or local "ombudsman," and a case manager from the Department of Mental Health and Substance Abuse Services have the right to enter a facility, talk privately and without unreasonable restriction with any resident who agrees to talk with them, to ask to talk privately and without restriction with any resident, and to see all areas of the facility that directly affect patient care of the resident without intruding upon the privacy of the other residents before getting their consent.
Does the nursing home have to be licensed by the state?
Yes. The State Department of Health has established a thorough system of licensing and certification for facilities in accordance with the Nursing Home Care Act of Oklahoma for the purposes of:
- Protecting the health, welfare and safety of residents;
- Assuring the responsibility for care in certified facilities who are given federal or state funds through the Department of Human Services.
It is illegal to operate or open a nursing home unless it has been approved and is regularly licensed by the state.
Is the nursing home inspected by the state?
Yes, it is supposed to be. Oklahoma law requires that every building, institution, or establishment which has been licensed to be periodically inspected by the State Department of Health.
Does the Nursing Home Act allow me to sue a nursing home?
Yes. The Nursing Home Care Act specifically allows nursing home residents or their guardians to file a lawsuit if a resident's rights have been violated.
What type of compensation is the resident entitled to for the nursing home's negligence?
The resident, or their guardian, is entitled to be compensated for the following damages (there may be other damages depending on the circumstances of the case):
- Past, present and future medical expenses
- Physical pain and suffering - past, present and future
- Emotional and mental suffering- past, present and future
- Permanent physical damage
- Disfigurement
- If the negligence involves a violation of the Nursing Home Act, the court may order attorney fees to be paid by the Nursing Home.
- Punitive damages may be applicable
It is up to the jury to determine the total amount of the award
If you have a family member who has been abused, neglected, or mistreated in a nursing home, call the Oklahoma City or Tulsa offices of Ryan Bisher Ryan. Let us use our knowledge, experience and resources to compel responsibility for your injuries. We understand that it may be impossible to completely restore the damage and loss, but we will vigorously pursue a verdict which will compensate you to the full extent of the law. There is no charge for discussing your situation with us.
