Senior adults are among some of the most vulnerable members of our society and deserve our care and compassion. Since many of us do not have the skills or medical knowledge necessary to care for our elderly loved ones at home, we entrust nursing homes to provide the attention they need. Unfortunately, this trust is sometimes betrayed and our elderly loved ones are abused and neglected. At Martin Jean & Jackson in Tulsa, we will do what is necessary to protect your loved one and fight on their behalf if they were abused or neglected by nursing home staff.
Contact our Tulsa legal team today at (580) 290-1006 to schedule a complimentary case review with one of our compassionate nursing home abuse attorneys.
Damages Available in a Nursing Home Abuse Case
Our nursing home abuse attorneys will help you file a complaint with the proper authorities and pursue compensation that can potentially cover the following:
- Expenses associated with having to move your loved one to a new nursing home facility
- Necessary medical care to treat your loved one’s physical and psychological injuries
- Your loved one’s financial and personal losses
- Pain and suffering experienced by your loved one
- Any other additional expenses associated with your loved one’s injuries
Examples of cases our Tulsa nursing home abuse attorneys represent include:
- Neglect of a nursing home patient’s basic needs, including hygiene and nutrition
- Inadequate supervision
- Bed sores
- Dropped patients
- Wheelchair accidents
- Falls in nursing homes
- Choking accidents
- Dangerous environmental conditions
- Injuries caused by emotional or physical abuse
Reporting Incidents of Nursing Home Abuse in Oklahoma
If you suspect your elderly loved one is being abused or neglected by nursing home staff, it is imperative that you do not hesitate to take action. Contact one of our nursing home abuse attorneys for legal assistance. Depending on the circumstances of your situation, you should consider the following:
- If your loved one is in immediate danger, call 911 for assistance and have your loved one removed from the nursing home facility.
- If you have suspicions of abuse or neglect, report them to the manager of the care facility. Make sure this report is done in writing and explicitly request that a response be made in writing as well.
- For your own records, jot down your observations of your loved one’s condition and what you suspect is happening. Include as many details as you can.
When Is a Nursing Home Liable for Abuse and/or Neglect?
When abuse or neglect occurs in a nursing home or long-term residential care facility, oftentimes, the home itself can be held liable. As employers of nursing home staff, nursing aides, doctors, and other personnel, nursing homes and similar facilities are typically considered legally liable for the actions of their employees. This means that if a single individual staff member abuses or neglects one or more residents, the nursing home could be held liable for the victim’s injuries and/or damages suffered by the victim and his or her family.
In other cases, a nursing home or care facility could be liable for abuse or neglect due to its own negligent practices.
Examples of this include:
- Understaffing: Poor patient-to-staff ratio is one of the most common red flags for nursing home abuse and neglect. Understaffed facilities lead to overworked staff members. This, in turn, can lead to residents/patients not getting the level of care they need. Nursing homes and other facilities should ensure a proper patient-to-staff ratio and ensure that there are enough nurse assistants, caretakers, doctors, and other personnel to properly serve residents.
- Failure to Conduct Background Checks: When nursing homes and long-term care facilities fail to conduct background checks on potential new hires and employees, it can lead to staff members with a history of abuse and/or neglect of patients, criminal convictions, and other issues being permitted to work around the facility’s residents. When this turns to abuse or neglect, the nursing home can be held liable for its negligent hiring practices.
- Inadequate Training/Supervision: Nursing home facilities should ensure that all staff members are properly trained and supervised. Failure to do so can lead to failing to observe instances of abuse and/or neglect, for which the home can be held liable.
- Failure to Report Abuse/Neglect: Oklahoma law makes it mandatory for any person—including doctors, nursing home staff members, and even visitors—to report any suspected instances of abuse/neglect. If a nursing home staff member or administrator fails to report suspected abuse (or abuse that has been reported to them by a patient or someone else) to the proper authorities, the home can be held liable.
Our Tulsa nursing home abuse attorneys can help you determine whether the nursing home or long-term care facility in which you or your loved one suffered abuse or neglect is liable for your damages. Reach out to us today to learn more during a free and confidential consultation.
Criminal Aspects of Nursing Home Abuse in Oklahoma
Nursing home abuse is not just grounds for a personal injury claim in Oklahoma, it is also grounds for a criminal investigation and charges that could lead to a conviction. It is strictly illegal for a caregiver in any position to abuse or knowingly neglect an elder in their care.
The following Oklahoma criminal statutes define nursing home abuse in its many forms as a felony:
- Section 21-843.1
- Section 21-843.2
- Section 21-843.3
- Section 21-843.4
The fact that nursing home abuse and neglect can constitute a crime is significant, as it may introduce more evidence to use in your claim. While civil court systems are separate from the criminal justice system, we can use evidence, expert testimonies, arguments, and outcomes used in the perpetrator’s criminal case to build your claims’ validity. For example, a criminal conviction is strongly convincing to civil court juries and insurance companies that might feel prompted to offer a better settlement amount once a conviction is reached.
Call Our Nursing Home Abuse Attorneys in Tulsa Today!
When you entrust a nursing home facility with the health and overall well-being of your elderly loved one, you expect them to provide exceptional care and comfort. If you suspect this is not the case and that your loved one is being abused and neglected, contact the legal team at Martin Jean & Jackson in Tulsa for the knowledgeable representation you need at this time. Our attorneys are backed by a proven history of success and have over 100 years of combined legal experience that we will use to your advantage.
Contact our law firm today at (580) 290-1006 to schedule a free case review with one of our compassionate attorneys.
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