A Guide to Suing a Nursing Home for Negligence in Oklahoma
Suing a nursing home for negligence in Oklahoma? Understand the process and the steps you need to take. Get expert advice and protect your loved ones today.
According to Caring.com, Oklahoma has 635,000 residents aged 65 and older. Of these older individuals, an estimated 17,200+ live in one of the 200+ nursing homes within the state.
Supposedly, nursing homes provide their residents with higher care than residential homes. For instance, they have qualified nurses on duty 24 hours a day, seven days a week.
Unfortunately, not all of these facilities uphold the high standard of care they swore to give residents. In such cases, victims should consider suing a nursing home for negligence or abuse.
To that end, the experts at our Oklahoma law firm, BDIW, Boettcher, Devinney, Ingle & Wicker, put together this guide sharing nursing home legal advice. Read on to discover insights about elder care negligence and the nursing home lawsuit process.
Oklahoma Negligence Claims: The Prevalence of Nursing Home Neglect
According to a compilation of statistics from SeniorLiving.org, about 16% of Americans living in nursing homes and care communities report experiencing abuse. Additionally, of the 94,499 health citations U.S. nursing homes received in 2023, 8.1% (7,654 cases) involved resident neglect, exploitation, or abuse.
Things may be worse in Oklahoma. According to KOSU.org, the state ranks 46th in the nation for long-term services and support. Moreover, the Oklahoma Ombudsman Program received 3,068 complaints for the 2022 fiscal year, 476 of which were for resident neglect, exploitation, or abuse.
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SPEAK TO AN ATTORNEY TODAYSuing a Nursing Home for Negligence or Abuse: Steps to Take in Oklahoma
If you have an older loved one living in an Oklahoma nursing home, it’s imperative to:
- Identify potential signs of elder neglect or abuse
- Gather evidence supporting your suspicions
- Report the nursing home
- File a lawsuit against the facility
Identifying Signs of Elder Neglect or Abuse
When you visit your loved one in a nursing home, look for the following signs and symptoms:
- Malnutrition, such as sudden weight loss, changes in skin color and appetite, and muscle weakness
- Dehydration, including cracked lips, papery skin, and a decrease in urine output
- Unexplained “accidents” resulting in bruises, broken bones, or head trauma
- Bedsores, such as changes in skin texture and color, irritated skin areas, and skin infections
If your loved one shows one or more of the above symptoms, they may be experiencing nursing home neglect or abuse.
Gathering Evidence Supporting Elder Neglect or Abuse
Suing a nursing home for negligence or abuse and winning the case requires solid evidence and documentation. So, please ensure you gather proof, such as:
- Photographs and videos of your loved one’s injuries, health symptoms, and poor living conditions
- Medical records, especially documentation showing your loved one’s declining health
- Witness statements, such as from other residents and their families
Also, please remember that nursing home negligence and abuse aren’t always physical; they can also be abandonment and emotional and financial abuse. Speak with your older loved one and ask them directly about these other forms of abuse.
Reporting the Nursing Home
If you have any form of proof supporting your suspicions of nursing home neglect or abuse, please do the following:
- Report the nursing home immediately to an ombudsman supervisor at one of Oklahoma’s 11 Area Agencies on Aging
- Contact the state’s Caring Assistance Line at 1-800-211-2116
- Call the Oklahoma Department of Human Services (OKDHS) in the county where the facility is to report the neglect or abuse
- File an online complaint with the Oklahoma Department of Health Complaints & Enforcement Division
If your older loved one needs immediate or emergency medical help, please call 911 immediately.
Filing a Lawsuit Against the Facility
Nursing homes, whether in Oklahoma or anywhere else, have the legal and ethical duty to ensure the safety and well-being of their residents. For this reason, Oklahoma’s Nursing Home Care Act criminalizes nursing home neglect and abuse. Under the act, residents or their family members/guardians can file a lawsuit if the facility has violated the law and residents’ rights.
Your local Area Agency on Aging can provide more information on pursuing legal action against a nursing home.
Should You Seek Professional Legal Counsel for Nursing Home Neglect?
Your family can file a nursing home neglect lawsuit without professional legal support. However, remember that nursing homes are businesses, too.
As businesses, most nursing homes have a team of experienced defense lawyers you must battle out with. So, unless you have an in-depth understanding of Oklahoma’s nursing home and neglect laws, your chances of winning the lawsuit are slim.
For those reasons, it’s in your older loved one’s and your family’s best interest to seek the help of an Oklahoma nursing home attorney highly experienced in handling neglect and abuse cases.
How BDIW, Boettcher, Devinney, Ingle & Wicker Can Help
At BDIW, Boettcher, Devinney, Ingle & Wicker, our veteran attorneys have extensive experience successfully handling nursing home-related cases. When you partner with our law firm, we’ll help you every step of the way by:
- Establishing the nursing home’s liability and duty to provide a minimum standard of care
- Proving the home’s failure to uphold its duty
- Gathering evidence supporting your claim that the nursing home has neglected your older loved one
- Filing the claim on your and your older loved one’s behalf
- Coordinating and negotiating with the nursing home and its legal team
If the nursing home refuses to negotiate or is adamant that it did nothing wrong, we will take the case to court. We will represent you and your family, fight for your older loved one’s rights, and strive to deliver the best possible outcome for your lawsuit.
Let BDIW Protect Your Older Loved One’s Rights
Our older loved ones should be living their golden years to the fullest without worrying about becoming victims of neglect or abuse. So, if a facility that should be caring for their health, safety, and security is the one putting them in danger, suing a nursing home for negligence or abuse should be a top priority.
With expert legal guidance and representation from our law firm, BDIW, Boettcher, Devinney, Ingle & Wicker, we’ll help your family and protect your older loved one’s rights. We’ll bring decades of experience in successfully handling elderly abuse claims and compassionate support to your case.
Contact our law firm today so we can get started on your free, non-obligatory consultation.
