Nursing Home Neglect
Elder abuse in nursing homes and assisted living facilities is more common than you’d think. Whether you or a senior you love is experiencing physical, mental, medical or some other type of abuse, reach out and seek help from Edwards Furlong Law.
- Do you have a spouse, parent, or other loved one whom you suspect is being abused in a nursing home?
- Have you noticed unexplained bruises or other signs of mistreatment on your loved one?
- Is your loved one telling you of mistreatment or abuse that they are receiving at the hands of their caregivers?
- Does your loved one seem afraid to talk about what is happening to them, or are they showing signs of mental distress?
We are Oklahoma’s Nursing Home Neglect Attorneys
The pain of nursing home abuse is real. Our seniors in America who are now in nursing homes were once parents, spouses, employees, and vibrant, productive members of society. Now that they are older, they have the right to be cared for and treated with dignity and honor.
However, far too often, nursing homes either cut corners, act out of negligence, or even inflict pain maliciously on their residents. We’ve heard stories of everything from caregivers purposely giving cold showers when they want to punish a resident, to engaging in physical or sexual abuse.
Those who engage in this behavior ought to be held to account for their actions, and those who have suffered from this behavior ought to be able to get compensation.
In a report recently released by the National Center for Health Statistics, it was noted that there are currently 1.4 million people who are living in nursing homes in the United States.
Unfortunately, while the nursing home business itself is more than a $3.4 BILLION dollar industry, over 88% of all nursing homes here in the US have staffing levels that are too low to provide an acceptable level of care to their residents – with there also being a reported 16% drop in the amount of time that nursing assistants give to their residents each day.
If you have evidence or believe that a family member or friend has been subjected to abusive treatment from their caretakers at a nursing home, contact our Oklahoma nursing home abuse attorney today. You and/or your loved one may be entitled to compensation for the damages they have received – including any required medical treatments and pain and suffering.
At the law offices of The Edwards Law Firm, we can help determine the merits of your claim. We only get paid if our clients receive compensation from their claim.
EXAMPLES OF NURSING HOME ABUSE
A nursing home resident can suffer both physically and emotionally, regardless of which kind of poor treatment or neglect that he or she is being subjected to. These types of abuse are generally classified into three separate groups:
Physical
Some signs of physical abuse can include:
- Visible injuries (broken bones, cuts, unexplained scars)
- The patient reports being slapped, pushed, shaken or beaten
- Sexual assault
- Malnutrition
- Use of unnecessary physical restraints
- Dehydration
- Use of sedation not authorized by a doctor
- Bedsores
- Unexplained injuries
- Soiled clothing
- Withholding or denial or personal necessities
- The patient has not been allowed out of the room
Mental
Emotional abuse is as serious as any other maltreatment. Here are some examples of mental abuse:
- Verbal abuse
- Manipulation
- Use of fear or terror to coerce certain behaviors
- Intimidation
- Forcing isolation from social contact
- Shaming
- Name calling
- Gaslighting
Signs of mental abuse:
Call a nursing home abuse lawyer if you notice any of these warning signs:
- Your family member or friend is upset or agitated
- The patient will not communicate
- You see new and unexpected behavior (such as rocking in place)
- The patient seems uncharacteristically angry and strikes out at family, friends or other patients
- The victim wants to be left alone
Medical
Medical abuse is also an important factor in such cases – especially when considering the often frail nature of nursing home residents. Common examples of negligence can often involve doctors, nurses and other staff members who fail to take care of existing health issues.
These issues can include:
- Allowing infections to go unchecked
- Not preventing bed sores
- Ignoring nutrition requirements
- Failing to provide proper hygiene
- Leaving an open wound untreated
Types of Nursing Home Abuse
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How Bedsores Can Be A Sign Of Nursing Home Abuse
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What to Look for in a Nursing Home
If you are the person who is responsible for choosing a nursing home, a good rule of thumb is to ask yourself if you personally would want to take residence in the facility that you are considering for your family member or loved one.
Here are some tips to consider:
- Check for any reviews online
- Talk to other residents already at the facility
- Observe the condition of the structures on the property
- Look for signs of lawn maintenance and other regular upkeep
- Check for handrails and easy wheelchair access
- Does the heating and cooling work adequately?
- Is the food healthy, nutritious and well cooked?
- What is the overall mood of the establishment?
- Do the staff care about their residents?
By at least considering and applying some of these tips, you can help to ensure that your family member or loved one is in a nursing home facility that is likely to be an enjoyable place for them to reside.
Oklahoma Law Protects the Elderly
It’s Against The Law to Abuse or Neglect the Elderly
Whether inside or outside a nursing home, it’s a crime for a caretaker to abuse, neglect, or exploit an elderly person. (See 21 OK Stat § 21-843.1, § 21-843.2, § 21-843.3, and § 21-843.4.)
Oklahoma law makes it a felony for a caregiver to mistreat an elderly person in any way. In part, this law states,
“No caretaker or other person shall abuse, commit financial neglect, neglect, commit sexual abuse, or exploit any person entrusted to the care of such caretaker or other person in a nursing facility or other setting, or knowingly cause, secure, or permit any of these acts to be done.”
The law also prohibits verbal abuse, neglect, sexual exploitation, and financial abuse.
It’s The Law To Report Elder Abuse And Neglect
People are required to report any abuse, neglect, or exploitation of the elderly, according to the Protective Services for Vulnerable Adults Act (43A OK Stat § 43A-10-104v1). Vulnerable adults include the elderly, but the definition also extends to disabled adults.
In part, this law states,
“Any person having reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, or exploitation shall make a report to either the Department of Human Services, the office of the district attorney in the county in which the suspected abuse, neglect, or exploitation occurred or the local municipal police department or sheriff’s department as soon as the person is aware of the situation.”
Later, the law specifically names “Long-term care facility personnel” as those who must report any abuse and neglect. Unfortunately, only a fraction of elder abuse cases get reported. When abuse occurs in nursing homes or other long-term care facilities (such as assisted living facilities and residential care facilities), not only does it often go unreported by staff, it is being carried out by the very people who should be protecting their residents.
If you have reasonable cause to believe that elder abuse or neglect is occuring, no matter who you are, you should report it to the authorities. In addition, you should enlist the assistance of an attorney who is experienced in nursing home abuse to help protect your loved one.
What Should I Do if I Think I Have a Case?
If you know or suspect that nursing home abuse is occurring to a person you love, it’s important to take action. Your elderly loved one may be suffering physical or mental anguish, and they may not be able to stand up for themselves. Any nursing home that is committing elder abuse to a resident is breaking the law. If that’s the case, two things should happen.
(A) Those individuals should have to answer to the law for what they have done.
(B) Your loved one should receive compensation for the mental and physical anguish they have suffered at the hands of their caregiver.
However, if you simply move your loved one to a different facility, neither of these things will happen. Many people choose this option because it feels simpler and they wish to avoid the hassle of a legal battle, but they are actually shortchanging themselves of compensation they could have received. Plus, the caregiver who was the perpetrator remains free to repeat the same practices on the next resident.
Therefore, you should involve both the authorities and legal counsel if you think you know of a case of nursing home abuse.
- Involve the authorities because you’re required by law to report elder abuse if you have a reasonable cause to think it’s occurring.
- Involve a lawyer to go after the financial compensation that your loved one may be entitled to.
For many of our clients, running into a case of nursing home abuse is the first time that they’ve ever had to call a lawyer. If this is you, please realize that it’s normal to experience some fears and apprehensions about it. There’s a first time for everything. However, we want to reassure you that you’re doing the right thing for your elderly loved one by involving someone who will rise to their defense. They may not be able to speak up for themselves in court, but a lawyer can.
No amount of money can ever undo the amount of pain and suffering that your loved one has experienced at the hands of an unethical caregiver. However, receiving compensation can go a long way towards bringing relief and making sure that they will be well taken care of in the future. If you have already lost your loved one because of nursing home abuse or neglect, no amount of money can ever undo your loss or comfort your grief, but it can take a financial burden off your shoulders.
An experienced nursing home lawyer like the attorneys at the Edwards Furlong Law Firm can help you fight for justice in a nursing home case. Many times, an elder abuse case overlaps with medical malpractice and/or wrongful death. We have helped clients recover compensation in each of these areas.
The best part? We operate on a contingency fee basis. This means that we only get paid if we successfully bring the case to a settlement. That means that you won’t be stuck footing the bill for legal fees on a case that never seems to go anywhere. Here at the Edwards Furlong Law Firm, we’re committed to making legal services for nursing home abuse and neglect available to those who might not be able to afford it otherwise.
Your first step is to contact us and tell us about your case. We offer a free case review to our website visitors, so if your loved one is suffering because of nursing home abuse in Oklahoma, please call us or fill out our online form with the circumstances of your case. If we want to take on your case, we will get back to you quickly. From there, we will guide you step-by-step from there.
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How To Contact Our Oklahoma Nursing Home Abuse Lawyers
In many nursing home abuse cases, the patient or resident may feel ashamed and embarrassed at the fact that they are receiving such cruel treatment – they may also have been intimidated by the staff into remaining silent. Our nursing home attorneys give the helpless a voice.
Nursing home residents have rights and our nursing home abuse lawyers fight to protect those rights.
With offices in Oklahoma, we proudly provide legal counsel to many areas including Tulsa.
We also work on a contingency-only basis. This means that we only charge you for our fees and services if we obtain a settlement or verdict for your case.
To find out more, please contact us on (833) 387-5945 – a member from our intake team will answer your call and collect some of the details about your incident and then quickly refer you to one of our attorneys – it’s that easy.