Protecting the rights of the elderly throughout Oklahoma
In Oklahoma, The Nursing Home Care Act specifically allows nursing home residents or their guardians to file a lawsuit if the facility violates a resident’s rights. Ryan Bisher Ryan & Simons aggressively investigates and pursues any kind of neglect, abuse, or assault that injures residents of a nursing home or residential facility. We even employ full-time registered nurses to review medical records to identify neglect and abuse. If your elder loved one was harmed while in the care of a nursing facility, see Ryan Bisher Ryan & Simons, a proven law firm that fights for the maximum possible compensation for nursing home abuse and neglect.
Knowing the signs of nursing home abuse and neglect
Neglect in a nursing home setting involves the failure to provide the goods and/or services necessary to prevent physical harm, mental suffering, and mental illness. Bedsores are prime examples of neglect. Abuse is the intentional infliction of injury, unreasonable confinement, intimidation, or punishment that results in physical harm or mental distress. Hitting a resident and placing a resident in restraints simply to avoid having to deal with the person’s needs are examples of abuse.
Nursing home abuse and neglect can be apparent in many ways, physically and emotionally. As a concerned friend or relative, you should be alert to the following signs:
- Physical abuse — The resident may have open wounds, cuts, bruises, burns, welts, or areas of skin discoloration, and the caretaker cannot adequately explain the condition. Your elderly loved one may exhibit a sudden change in behavior, weight loss, or poor personal hygiene.
- Emotional abuse — The nursing home resident may be emotionally upset or agitated. Conversely, your loved one may be extremely withdrawn and unwilling to talk. It is important to note any unusual behavior.
- Neglect — Common signs of neglect include dehydration, malnutrition, pressure sores, and poor personal hygiene. The resident’s bedding and clothing may be soiled. The individual may beg for food. The facility may show signs of unsanitary conditions, and you may notice pervasive urine or fecal odor.
You may be able to recover damages for nursing home abuse and neglect
If allegations of abuse or neglect are proved by a preponderance of the evidence, the resident is entitled to monetary compensation for the following:
- Attorney fees (if the nursing home’s conduct violated the Nursing Home Act)
- Punitive damages (at the discretion of the court)
- Present and future medical expenses
- Physical pain
- Emotional and mental suffering
It is up to the jury to determine the total amount of the award. A qualified personal injury attorney can present your claim in a persuasive manner.
Nursing Home Abuse FAQs
Can You Sue an Assisted Living Facility for Negligence?
Yes. Residents of an assisted living facility or nursing home can file suit to seek damages caused by the negligence of the facility staff or operators. You may be entitled to recover damages under one or more theories of negligence, depending on the circumstances of your case, including negligent care, negligent hiring and training and retention of employees, negligent maintenance of the facility, or negligent maintenance of equipment.
How Do You Prove Nursing Home Negligence?
In order to prove nursing home negligence, you will need to establish the four elements of negligence:
- First, you must prove that the nursing home had a duty of care towards you or your loved one.
- Next, you must prove the home breached its duty of care, such as being responsible for or failing to prevent incidents of physical assault or failing to monitor a bedridden resident for pressure ulcers.
- You must also prove that the facility’s negligence was the direct and proximate cause of your or your loved one’s injury – that the injury would not have occurred but for the nursing home’s breach of the duty of care and there was no intervening, superseding cause of your or your loved one’s injury.
- Finally, you will need to show that you or your loved one incurred some sort of compensable damages.
How Do You Report Neglect in a Nursing Home?
If you believe the situation is life-threatening, call 911 for emergency assistance.
If you suspect nursing home neglect, you should first report your concerns to the nursing home’s administrator. In addition to raising your concerns with the nursing home administrator, you should also file a report with your state’s department of health. Your state will likely have an office or ombudsman tasked with overseeing nursing home facilities.
As soon as possible, you should also speak with a nursing home abuse attorney, who can help you file a report with the state and investigate whether you and your family may have a claim for compensation.
How Common Is Abuse in Nursing Home Facilities?
Many studies of nursing home abuse focus on the larger problem of elder abuse, including abuse and neglect of elderly persons who are not living in nursing home facilities. These studies have found that a sizeable number of elderly persons have suffered some form of abuse or neglect at some point. Abuse of elders, both within and outside of nursing home facilities, is a tragically common occurrence.
How Much Will It Cost to Hire a Lawyer for a Nursing Home Abuse Case?
Our nursing home abuse lawyers offer free, no-obligation consultations. This gives you the opportunity to discuss the details of your case with an attorney and learn more about your legal rights and options. If you decide to hire a lawyer from our firm, we handle nursing home abuse cases on a contingency-fee-basis. This means that you owe no money to the lawyer unless and until we recover compensation for you.
Contact an Oklahoma City legal team with experience in nursing home neglect cases
If your loved one has been the victim of abuse in a nursing home in Oklahoma City, you may have many questions about your rights and legal options. At Ryan Bisher Ryan & Simons, our Oklahoma elder abuse attorneys have been fighting for the rights of people injured by nursing home abuse for over 30 years.
All our attorneys strive to be dedicated representatives for our clients, providing the one-on-one attention that each of our clients deserves. Our three law partners have spent their entire careers at Ryan Bisher Ryan & Simons working tirelessly on behalf of injured people. Each of our attorneys focuses on one particular practice area, so you can be assured that your attorney has the right skills for your case.
Contact our firm today to schedule a free, no-obligation consultation to get answers to your questions from one of our nursing home abuse lawyers.
Se Habla EspañolGet Started