Recently, In Oklahoma, a woman died while in the care of a nursing home. The original injury occurred after staff dropped her during physical therapy. The nursing aides refused to believe the elderly woman when she claimed to have broken her femur bone during her therapy. Adding to the neglect caused in dropping her the Nursing Home failed to treat the broken femur for over two weeks. Because they dropped her and failed to treat the broken leg she passed away. Upon investigation it was learned this facility had a one out of five star rating. Nursing home neglect is a serious problem in Oklahoma and can take on many forms, such as abuse. If you have a loved one that’s a victim of this kind of neglect we’d love to talk with you. Our Nursing home negligence attorneys in Creek County have the experience you require.
Signs of Nursing Home Neglect
One of the most unfortunate aspects of nursing home negligence is that many signs go unnoticed. Some of these signs include lack of medical or emotional attention. Here are some of the common indicators of neglect to look out for:
- Quick and unexplained weight loss or gain
- Falls, fractures or head injuries and other abrasions on the body
- Pressure ulcers or bedsores on the back and buttocks
- Dehydration or malnourishment
- Lack of communication with other residents or isolation
- Non-communicative or withdrawn behavior towards family and visitors
- Environmental hazards such as slippery floors, inadequate lighting, and unsafe furniture in resident’s room
Proving Nursing Home Negligence
To establish nursing home negligence, we must show that a duty to the resident was breached by the facility, and that this breach was the “proximate cause” cause of the damages, and that there were actual damages suffered by the resident. In the above example, because the Nursing Home was charged with her care and safety they owed her this duty of reasonable care. Moreover, because the Nursing Home dropped the patient and failed to treat her this is what caused her death. Oklahoma has adopted the Nursing Home Care Act that provides the standards of care owed to a resident by such facilities.
Nursing Home Care Act: Proper Standards Section 1–1918 of the Nursing Home Care Act sets out the rights and responsibilities of nursing homes, and bestows the remedies and penalties for violations. All of these rules should be posted in each facility and provided to the resident or representative prior or upon admission into a facility. Some of these rights include:
- Right to practice religious and civil liberties
- Private communications, including conversations with resident’s attorney or physician
- Right to present grievances with the facility without fear of reprisal or discrimination
- The freedom to manage one’s own financial affairs unless the resident chooses to delegate it to the facility
- Freedom from mental and physical abuse and neglect
- Respect and privacy regarding case discussions, consultations, medical records, etc.
Any resident who receives an injury by a violation of the provisions in 1-1918 may bring an action against the individuals accountable for the injury. They can also recover court costs for such
actions from the defendant if they prevail. It should be noted that nursing home negligence is a complex legal matter, and succeeding on a claim will require the knowledge and expertise of an attorney.
Creek County Nursing Home Attorneys
Nursing homes and residential care facilities are often ran by corporations that have the financial and legal resources to overwhelm a complainant or family representative. Our Creek County Nursing Home negligence attorneys can help you. We’ve got the experience dealing with nursing homes and understand how to investigate their bad behavior. Get a Free Confidential consultation 918-209-3709