When it’s time to move your loved one into a nursing home, deciding where they should live is often a difficult decision. To accommodate America’s aging population, there are more than 15,000 certified nursing homes nationwide and nearly 300 in Oklahoma alone. Choosing the right one requires a lot of research, including determining your budget and ruling out nursing homes that don’t fit into it.

Because nursing homes are so expensive, it’s common for people to make decisions based on cost. Not-for-profit nursing homes are often attractive options because they’re frequently less expensive than for-profit nursing homes. However, many families worry that the care their loved ones will receive will be lower quality in not-for-profit facilities compared to for-profit facilities. Even worse, they may worry for their loved one’s safety.

In this blog, we’ll explore the distinction between these two types of facilities and what they might mean for your family.

What’s the Difference Between For-Profit and Not-for-Profit Facilities?

The difference between for-profit and not-for-profit nursing homes lies primarily in their ownership, operational goals, and how they reinvest their revenues.

Here’s a breakdown of the key distinctions:

For-Profit Nursing Homes

These facilities are owned by individuals, partnerships, or corporations with the primary goal of generating profit for their owners or shareholders. They operate like any other business, aiming to maximize income and minimize costs, which can sometimes affect how resources are allocated toward patient care and facility improvements.

Not-for-Profit Nursing Homes

Not-for-profit homes are usually owned by charitable organizations, religious groups, or non-profit corporations. Instead of focusing on profit generation, their main objective is to provide care for residents. Any surplus revenues are reinvested into the facility, staff development, and resident care programs. These homes may also benefit from donations and volunteers, further supporting their mission.

Which Type of Facility Is Safer for Residents?

Many people assume that because they make more money, for-profit nursing homes may be safer than not-for-profit nursing homes due to having more resources or larger payrolls for staff members. Others may assume the opposite and believe that not-for-profit facilities may be safer due to being less focused on revenue.

Studies show that not-for-profit nursing homes are often safer for residents and provide higher quality care. Some key points stand out when comparing the safety and quality of care between for-profit and not-for-profit nursing homes:

• Staffing Levels: Not-for-profit nursing homes often have higher staffing levels, including more registered nurses and certified nursing assistants per resident. Higher staffing levels are linked to better care quality, fewer medical errors, and improved safety outcomes for residents.
  
  
• Health Inspections and Violations: Studies have shown that for-profit nursing homes may have a higher number of health code violations and deficiencies compared to not-for-profit homes. These violations can range from minor infractions to serious issues that could affect resident mental and physical health, safety, and well-being.
  
  
• Investment in Care: Not-for-profit nursing homes typically invest more in resident care, which can lead to better safety practices and outcomes. This investment includes training for staff, facility maintenance, and resources for residents’ health and comfort.
  
  
• Patient Outcomes: Research suggests that not-for-profit nursing homes often have better patient outcomes, including lower rates of hospital readmissions, fewer pressure ulcers (bedsores), and higher overall satisfaction among residents and their families. These outcomes can be attributed to the higher staffing levels and the focus on care over profit.

Tips for Choosing the Right Nursing Home for Your Loved One

Although not-for-profit homes often come out on top when it comes to patient safety and satisfaction, the decision shouldn’t be made based solely on a nursing home’s financial status or ownership. When selecting a nursing home, it’s important to look beyond the profit status.

Families should consider factors such as:

• Staff-to-Resident Ratio: The number of staff members relative to the number of residents is crucial for providing personalized and timely care. Higher staff-to-resident ratios often result in better care and attention for each resident.
  
  
• Staff Qualifications and Training: Investigate the qualifications, training, and turnover rate of the staff. Facilities with well-trained, experienced staff who have been at the home for a long time are likely to provide higher quality care.
  
  
• Services and Amenities: Consider the range of services and amenities offered, such as physical therapy, occupational therapy, recreational activities, and religious services. Ensure they align with your loved one’s needs and interests.
  
  
• Safety and Security Measures: Check the safety and security measures in place, including emergency plans, security personnel, and how medication is managed and administered.
  
  
• Cleanliness and Maintenance: Assess the cleanliness and overall maintenance of the facility. A clean, well-maintained environment is crucial for the health and well-being of residents.
  
  
• Resident and Family Satisfaction: Speak with current residents and their families about their experiences. Their insights can provide valuable information about the quality of care, staff responsiveness, and overall satisfaction with the facility.
  
  
• Culture and Environment: The overall culture, atmosphere, and philosophy of care should align with the resident’s values and expectations. A positive, welcoming environment contributes to the well-being and happiness of residents.

Contact Our Oklahoma City Nursing Home Abuse Attorneys

Unfortunately, abuse and neglect can occur in both for-profit and not-for-profit nursing homes. It’s up to the families of residents to keep a close eye on them and act quickly if they notice or even suspect mistreatment is occurring.

If you suspect your loved one is being mistreated in their nursing home, our Oklahoma City nursing home abuse lawyers are here to help. Contact Parrish DeVaughn Injury Lawyers today for a free case review.

We believe the mistreatment of nursing home facility residents is unacceptable, and we hold negligent parties accountable while fighting for the rights of our clients and their loved ones.

High-quality elder care is becoming increasingly important every year, especially as our population ages. When the families of people of advanced age can’t or don’t want to utilize nursing homes, they often turn to home health aides to provide care for their loved ones, and they trust these workers to offer both professional living assistance and compassion.

But what happens when this trust is breached and harm occurs? Can people employed as home health aides be held liable for elder abuse or neglect?

The unfortunate reality is that elder abuse and neglect can and do occur frequently in Oklahoma, even at the hands of home health aides who families entrust to care for their loved ones. It’s crucial to understand that both home health aides and their employers, if they are hired through an agency or larger healthcare provider, can be held legally responsible if they engage in abusive or neglectful behavior while caring for others.

Understanding the Scope of Elder Abuse

Elder abuse encompasses a range of harmful behaviors. When caretakers abuse people of advanced age, the consequences can be devastating for them physically, emotionally, and financially.

In other cases, people of advanced age may be neglected by the workers who are supposed to be taking care of them, which can also put them at risk of serious health problems and psychological complications.

What Are the Specific Types of Abuse or Neglect by Home Health Aides?

Abuse or negligence from home health aides can manifest in many different forms, including:

• Physical Abuse: This includes hitting, slapping, pushing, or any other form of physical harm. Inappropriate use of restraints or medication—such as sedation—also falls under this category.
• Emotional or Psychological Abuse: This type of abuse involves actions that cause emotional pain or distress. It includes verbal assaults, threats, intimidation, humiliation, and isolation from friends or activities.
• Sexual Abuse: Any non-consensual sexual contact or interaction, including sexual assault and exploitation, is a severe form of abuse.
• Financial Exploitation: This occurs when a caregiver illegally or improperly uses an elderly person’s funds, properties, or assets. Examples include stealing money or possessions, forging checks, and identity theft.
• Neglect: Neglect is the failure to provide necessary care, assistance, or attention, leading to harm or risk of harm. It can include failing to provide food, water, medication, medical care, or assistance with personal hygiene.
• Abandonment: This is when a home health aide abandons an elderly person under their care for an extended period or indefinitely, leaving them without necessary support.

Family members and friends need to be vigilant and report any suspicions of abuse to home health aides’ employers immediately. Regular visits, open communication with the elder, and careful monitoring of their financial accounts and health status can help in identifying and preventing abuse and neglect from occurring or from worsening.

What Is the Legal Liability of Home Health Aides?

Home health aides are expected to adhere to a standard of care that ensures the safety and well-being of their charges. If they fail in this duty, either through direct actions (like physical abuse) or inactions (such as neglect), they can be held legally accountable.

In Oklahoma, victims of elder abuse or their families can file lawsuits against the individual aides and potentially their employers if abuse or neglect occur. Thankfully, Oklahoma law recognizes the vulnerability of aged individuals and provides legal avenues to seek justice and compensation for the harm caused by negligent caretakers.

How Can a Lawyer Help?

At Parrish DeVaughn Injury Lawyers, we are dedicated to helping victims of elder abuse and their families navigate the legal system. Our Oklahoma City nursing home abuse lawyers work hard to hold those responsible accountable, whether it’s the individual aide, their agency, or other parties that may have contributed to the neglect or abuse.

Our approach to helping victims and their families involves:

• Investigating the Abuse or Neglect: Gathering evidence is crucial in proving abuse or neglect occurred. This can include medical records, eyewitness testimonies, expert witness testimony, and documentation of any previous incidents.
• Determining Liability: We assess who is legally responsible for the abuse. While the aide might be the direct perpetrator, their employer can also be liable, especially if they failed to conduct proper background checks or provided inadequate training.
• Seeking Compensation: Victims of elder abuse may be entitled to compensation for medical bills, pain and suffering, and other related costs. In severe cases, punitive damages may also be awarded if a home health aide abuse or neglect case goes to trial.

Contact Our Oklahoma Nursing Home Abuse Attorneys If You Suspect Abuse or Neglect

At Parrish DeVaughn Injury Lawyers, we believe in justice for the most vulnerable among us. If you suspect that your loved one is a victim of elder abuse or neglect by a home health aide, it’s important to take immediate action.

Contact us for a free consultation, and let our experienced team help you protect your loved ones and hold the responsible parties accountable for their negligence and your loved one’s suffering.

When we think of nursing homes, we envision a haven where our loved ones are treated with respect, love, and care. Regrettably, not all nursing homes live up to these standards. Nursing home neglect is a distressing issue, one that is confronted more frequently than many Oklahomans realize.

If you are concerned about the well-being of your loved one in an Oklahoma nursing home, you are not alone. Nursing home neglect is more common than any of us would like to admit. In this blog post, our Oklahoma personal injury attorneys discuss how to recognize signs of neglect, what steps you can take to address it, and how Oklahoma nursing home complaints are handled.

Understanding Nursing Home Neglect

Nursing home neglect is essentially the failure to provide the necessary care, services, and supervision to maintain a resident’s health and safety. You might picture overt physical abuse when you think of nursing home complaints, but neglect can be just as harmful.

Oklahoma has its own Nursing Home Care Act under Title 63 of the Oklahoma Statutes (Section 1-1900 et seq.). This act includes a “Bill of Rights” for residents, covering things like the right to be treated with dignity, the right to privacy, and the right to proper medical treatment. The act also outlines standards of care and penalties for violations.

Additionally, Oklahoma nursing homes must comply with federal laws like the Federal Nursing Home Reform Act (FNHRA) from 1987, enacted as part of the Omnibus Budget Reconciliation Act (OBRA) and codified at 42 U.S.C. §1395i-3. This federal legislation establishes a baseline for the care and services that must be provided.

Any deviation from these statutes can be a sign of neglect. Furthermore, federal law allows for financial penalties against nursing homes that are found to be in violation of federal standards.

Recognizing Signs of Neglect

According to Oklahoma law, everyone—not just healthcare workers—has a duty to report suspected abuse or neglect. Recognizing nursing home neglect is the first step towards reporting it. Common signs of nursing home abuse that healthcare workers and family members should look out for are as follows:

• Physical Indicators: Unexplained bruises, cuts, bedsores, frequent infections, and noticeable weight loss.
• Emotional Signs: Sudden changes in behavior, such as increased agitation, withdrawal, or signs of anxiety and depression.
• Environmental Clues: Unsanitary conditions, lack of basic necessities like food and water, or residents left in soiled clothing for long periods.

Remember, prevention is better than a cure. Visiting your loved one regularly, asking questions, and participating in care planning meetings can help prevent neglect. The more present and involved you are, the less likely neglect will go unnoticed.

Oklahoma’s Nursing Home Complaint Process

If you believe your loved one is a victim of nursing home neglect, you do not have to stand by idly waiting for someone else to act. There are proactive steps you can take to protect your loved one and address the neglect:

1. Document Everything: Before you even think of legal action, start keeping a record of everything—photos, journals, medical reports. It’s not just about building a case; it’s about ensuring accountability.
2. Speak to the Management: Sometimes, a simple conversation can lead to corrective measures. Maybe they are unaware or need a nudge. Either way, let them know you are watching.
3. File a Complaint with the State: The Oklahoma State Department of Health has a mechanism for receiving complaints about nursing home facilities. They are responsible for licensing and inspecting nursing homes in the state. Whenever a complaint is filed, the OSDH carries out an investigation, takes corrective measures, and even levies fines if necessary.
4. Seek Legal Counsel: In extreme cases, you can also take legal action. Oklahoma’s law allows victims of nursing home neglect or their representatives to sue for damages. The law specifically states that any violation of a resident’s rights can be grounds for a lawsuit. In this case, you should consult an attorney who specializes in elder law or nursing home neglect. An experienced Oklahoma personal injury attorney can guide you through the process of filing a lawsuit and seeking damages. In some cases, neglect may rise to the level of a crime, which could involve the local District Attorney and criminal prosecution.

Final Thoughts on Recognizing and Addressing Nursing Home Neglect in Oklahoma

Nursing home neglect is heartbreaking. Oklahoma, like most states, tries its best to protect its elderly residents. But the system is only as strong as the people who enforce it.

By filing nursing home complaints, Oklahoma residents initiate administrative and legal proceedings that can deter other nursing homes from engaging in similar practices. If you suspect neglect, do not wait. Gather evidence, report it, and seek legal guidance—contact Parrish DeVaughn Injury Lawyers today! We offer a free consultation to explore how we can help your loved ones.

Because many nursing home residents are elderly and have health problems, nursing homes often have on-site medical facilities staffed with nurses and doctors.

While these healthcare professionals make a big difference in residents’ lives and overall well-being, they can also make mistakes that cause residents to suffer serious injuries and illnesses.

When residents are harmed by negligent medical staff in their nursing homes, they can sue for medical malpractice just like they can if they’re harmed in a clinic or hospital.

Common examples of nursing home medical malpractice include:

Bed Sores

Bed sores are painful ulcers that develop when an area of skin has its blood supply cut off for more than a few hours. Serious bed sores can extend past the skin into the tissue. Complications associated with bed sores include infection, sepsis (a life-threatening reaction to a serious infection), extreme pain, skin and tissue death, and more.

Nursing home staff are required to move bedridden patients frequently to prevent bed sores. When they fail to move patients who are bedridden due to disability, it may be considered neglect. But if they fail to move patients who are recovering from medical procedures, or if nursing home doctors fail to diagnose and promptly treat bed sores, it may be medical malpractice instead.

Physical Rehabilitation Injuries

Injuries related to slips, trips, and falls are common in nursing homes. In addition, many residents arrive at these facilities with limited or no mobility. For these reasons, many nursing homes are equipped with physical rehabilitation centers to help residents improve or regain their mobility.

However, residents can suffer serious injuries in physical rehabilitation centers if the nurses, physical therapists, and other caretakers who work in them are negligent. For example, residents can be seriously injured if they’re pushed beyond their physical limits, aren’t properly instructed in how to use equipment, or aren’t supervised during their rehab sessions.

Prescription Drug Errors

Most nursing home residents take at least one prescription medication. Many residents take several medications to treat conditions ranging from high blood pressure and high cholesterol to anxiety and depression. Because so many residents in nursing homes take prescription drugs, nursing homes often have on-site pharmacies and pharmacists to dispense medications.

Just as patients can sue doctors and pharmacists for prescription drug errors that hurt them, nursing home residents can also sue if they’re injured or become ill due to:

• Receiving the wrong medication
• Receiving a dosage that’s too strong or too weak
• Receiving medications that interact dangerously with each other
• Receiving a medication too often or not frequently enough
• Receiving a medication that they’re allergic to
• Receiving a medication with side effects that weren’t disclosed to them

Failure to Treat

Because many nursing home residents are of advanced age and have health problems, it’s common for residents’ health to decline over time and for them to experience health emergencies. Nursing homes are supposed to be active participants in residents’ care, and that means taking their concerns seriously and escalating care to local clinics or hospitals when necessary.

When residents’ health isn’t properly monitored, or when their conditions worsen and they aren’t treated promptly (whether on-site or at a clinic/hospital), residents may develop preventable complications. Failure to diagnose or treat is considered medical malpractice in standard clinics and hospitals, and it applies in nursing homes, too.

Negligent Post-Treatment Recovery Process

When nursing home residents are transported to clinics and hospitals to receive surgery, their nursing homes are responsible for their post-operative recoveries after they’re discharged. Many residents who are recovering from surgery need help with changing bandages and gauze, getting in and out of bed, using the bathroom, and more.

Residents who are neglected while recovering from surgery and other invasive treatments may develop serious infections, fail to heal properly, or even experience severe blood loss. These residents may be considered medical malpractice victims and can sue their nursing homes for any preventable complications they suffer.

Contact Our Oklahoma Nursing Home Abuse Lawyers for a Free Consultation

Unsure if your loved one is a victim of nursing home abuse/neglect or medical malpractice? The legal team at Parrish DeVaughn Injury Lawyers can help you determine if you have a claim.

Because so many nursing home residents need medical care, it’s common for injuries to overlap with medical treatments for other health problems. Our lawyers know how to investigate nursing home injuries and determine if they’re caused primarily by abuse, neglect, medical malpractice, or a combination of the three.

Contact us anytime to get our experienced Oklahoma nursing home abuse attorneys on your side. We have years of experience handling both nursing home abuse and medical malpractice claims, and we know what it takes to get our clients the money they deserve.

Nursing home residents are vulnerable to many types of abuse, including physical, sexual, financial, and emotional abuse.

All of these types of abuse make residents potentially eligible for compensation through nursing home abuse claims, but first, they and their loved ones must prove that the abuse occurred.

Physical and sexual abuse can often be proven with medical examinations, and financial abuse can be proven by tracking bank statements, money transfers, and changes in wills.

Emotional abuse can be more difficult to prove, but certain types of evidence can make it easier for victims and their loved ones to succeed when filing claims against negligent nursing home facilities.

It is also important to note that there can often be more than one type of abuse occurring. When nursing home residents are emotionally abused, they may also be neglected or physically abused. Our nursing home abuse and neglect lawyers can help you investigate.

A Depression or Anxiety Diagnosis by a Mental Health Professional

Simply noticing that your loved one seems more depressed or anxious than usual isn’t likely to help you win an abuse claim against their nursing home. However, an official diagnosis from a psychologist, therapist, or psychiatrist can serve as valuable evidence for your claim.

Never ignore mental health struggles in your loved one while they’re living in a nursing home, regardless of age or health. Arranging for your loved one to visit a mental health professional can not only help them begin to recover from their depression or anxiety, but it can also put into motion an emotional abuse claim against their nursing home.

Depression, anxiety, and other sudden changes in personality could also indicate other types of abuse are occurring, including physical abuse.

Physical Symptoms Caused by Emotional Abuse

When residents are emotionally abused by caretakers, staff members, or even other residents, they often experience physical symptoms in addition to their psychological symptoms. For example, they may begin to eat less, have poorer quality sleep, and their existing health problems may worsen. They also may show signs of fear when certain caretakers, staff members, and other residents are near them.

If you notice your loved one has lost weight, appears dehydrated, or acts strangely when certain people enter their room or walk near them, it could be a sign they’re being emotionally abused. These are also symptoms of neglect, for which nursing home employees can be held liable.

Previous Complaints About Emotional Abuse

Although not all residents are capable of complaining about emotional abuse, whether due to fear of reprisal or cognitive problems, many do. Unfortunately, complaints about emotional abuse don’t always get the same level of attention and action as complaints about physical and sexual abuse.

However, if your loved one has complained many times in the past about emotional abuse, the log of complaints can help strengthen their claim if you or they decide to seek compensation for nursing home abuse. Your loved one’s claim may also be strengthened if their nursing home or a particular caretaker was accused of emotional abuse by other residents in the past.

Video and/or Audio Recordings of Emotional Abuse

When emotional abuse occurs in nursing homes, it often occurs in residents’ private or shared rooms. Because of that, residents may have few, if any, witnesses to the abuse they suffer from staff members, caretakers, and other residents.

Thankfully, Oklahoma law allows nursing home residents to place cameras and other electronic monitoring devices in their rooms. If your loved one’s room is equipped with a camera and/or microphone, it can help you prove that emotional abuse is occurring.

It also may be possible to retrieve surveillance footage and audio from cameras and/or recording devices placed in common areas in the nursing home where emotional abuse may occur, such as dining rooms, lounges, physical therapy rooms, and more.

Witness Statements of Emotional Abuse

Although abuse isn’t always reported in nursing homes, even when it’s witnessed by others, some staff members, caretakers, and residents go out of their way to let others know when they witness it. Some nursing homes work quickly to protect residents, but not all do. Some allow abuse to continue indefinitely, putting residents at risk of physical and psychological harm.

If someone tells you that your loved one is being emotionally abused, or if you see or hear the abuse yourself, you should report it to the nursing home administrators right away. You can also use this witness account, whether it’s your own or someone else’s, if you or your loved one decide to file a claim for nursing home abuse.

Our Oklahoma Nursing Home Abuse Lawyers Know How to Prove Abuse

Unfortunately, nursing homes don’t always take abuse claims seriously, even when victims and their loved ones have plenty of evidence to show it happened or is still occurring. It takes years of experience building and winning these types of claims to succeed, and that’s exactly what we have at Parrish DeVaughn Injury Lawyers.

When you contact us about your loved one’s nursing home abuse claim, we’ll use our experience to determine exactly what’s happening at their care facility and how much compensation you may be owed. Then, we’ll demand fair payment from the facility for your loved one’s physical and emotional abuse or neglect. If they refuse to pay, we won’t hesitate to take them to court.

Contact us anytime for a free consultation.

Discovering that a loved one has been abused or neglected in their nursing home is devastating. The family members of abused residents often have many quick decisions to make, including what type of medical care their loved ones need and whether to seek legal help for potential compensation claims.

But even if the at-fault staff members are identified and punished, both victims and their family members may feel uneasy about the nursing homes themselves. Can they trust that future caregivers and staff members will display kindness and care, or will they too act in an abusive or neglectful manner?

Some families move their loved ones into different nursing homes after abuse or neglect, while others don’t. If your loved one was abused or neglected in their nursing home, it can be a difficult decision to move them. Getting into nursing homes isn’t always easy, and many have no vacant rooms for months or years. But moving your loved one can protect their health and even save their life.

Here’s what to know about this painful, traumatic, and all too common situation.

When Nursing Homes Are Mismanaged, Moving Is Often a Good Idea.

If you already noticed other red flags about your loved one’s nursing home or simply never felt comfortable there, it may be a good idea to move them after even a single instance of neglect or abuse. These cases are often related to nursing homes understaffing or undertraining their caregivers, which is a major risk factor for abuse.

Even if the perpetrator is fired, the nursing home itself may have a culture of abuse and neglect that could go back many years, if not decades. In cases like this, it’s worth the potential difficulties of finding a new nursing home for your loved one, as keeping them in their current nursing home may result in more abuse or neglect in the future.

When Nursing Homes Otherwise Have Good Reputations, Staying May Be Safe.

Nursing home abuse and neglect can occur anywhere. Even the most well-reviewed, expensive, and exclusive nursing homes can have incidents of abuse and neglect. Because mistreatment of elders and residents is so common, it doesn’t and shouldn’t always reflect poorly on the facilities themselves.

The official U.S. Medicare website includes a database that you can search to find reviews for your loved one’s nursing home in categories such as health inspections, staffing, and quality measures. You can also find penalties for things like federal fines and payment denials. Poor reviews and a history of fines and penalties may indicate a poorly run nursing home.

On the other hand, a well-run nursing home with good reviews is more likely to be proactive in preventing abuse and neglect from occurring. If your loved one is otherwise happy in their nursing home and receives good care from other staff members, they may be happier staying in place, provided the at-fault staff member is either fired or no longer allowed to care for them.

Our Lawyers Can Help You Make the Right Decision

At Parrish DeVaughn Injury Lawyers, we understand the heartbreak, frustration, and stress that comes along with nursing home abuse allegations and claims. It can be deeply troubling to imagine your vulnerable loved one being mistreated by the people you’re paying to take care of them.

But the prospect of moving them to another nursing home, especially when you don’t have the space or capabilities to care for them in the interim, can put even more stress on your shoulders.

Our Oklahoma nursing home abuse lawyers are here to help you during this difficult situation. In addition to building your loved one’s nursing home abuse claim, we can also advise you on the best steps towards protecting your loved one’s health and happiness. Contact us today for a free consultation. We want to ensure your loved one gets the best care possible.

As people enter their retirement years and beyond, their needs change. They may want to downsize to a smaller and more manageable home. They may also desire more convenience, safety, and easier access to medical care. To meet those needs, there are three levels of care for seniors: senior living communities, assisted living facilities, and nursing homes.

The Major Differences in Senior Living Arrangements

Senior living communities are designed to meet the needs of older individuals, but the needs they meet depend on their age, health, and overall level of independence:

• In senior living communities, residents typically live alone or with their spouses. They may receive minor medical assistance and in-home visits, or none at all, depending on their health.
• In assisted living facilities, residents live mostly independently, but they may receive daily assistance from staff members for things like getting in and out of bed, going to the bathroom, and dressing themselves.
• In nursing homes, residents typically require frequent or constant supervision, and they may need help with most daily tasks, especially managing their medical needs.

When people think about seniors being abused and neglected, they often think of nursing homes. But people in assisted living facilities and even some senior living communities also have frequent contact with staff members who are supposed to help, but may instead harm them.

Abuse and Neglect in Assisted Living Facilities is Similar to Nursing Homes

Because assisted living residents typically still need frequent, hands-on care from staff members, their risk of being abused and neglected is comparable to nursing home residents. The types of abuse and neglect that assisted living residents may suffer includes:

• Physical abuse—Assisted living residents may be physically struck, pushed, pulled, or even forcibly restrained by caregivers. Forced feeding can also constitute physical abuse.
• Sexual abuse—Residents are at risk of sexual abuse, which can occur while they receive help bathing, using the bathroom, changing clothes, or getting in and out of bed.
• Psychological abuse—Residents may be humiliated, degraded, bullied, or yelled at by caregivers. However, sometimes not speaking can count as psychological abuse, especially when it involves prolonged periods of silence or ignoring residents’ questions and needs.
• Financial abuse—Even the healthiest and most independent assisted living residents can fall victim to financial abuse, as it often involves caregivers manipulating them into giving them money or even changing residents’ wills to benefit themselves.
• Lack of assistance—Residents are neglected when they don’t receive the care they need. Although assisted living residents may need less care overall than nursing home residents, they still need help with many everyday tasks. Not receiving the assistance they need can be considered neglect.

Assisted Living Residents May Be Less Likely to Speak Out

Because many assisted living residents can still go about their days with some degree of autonomy and independence, they may be less likely to tell loved ones and other caregivers about what’s happening to them. They may fear that they will be moved into full-fledged nursing homes or that they will be moved to lower-quality facilities.

If you have a loved one living in an assisted living facility, it’s important to always be on the lookout for signs of abuse and neglect. No matter how healthy and independent they are or seem, they may be victims of mistreatment that can put their health, wellbeing, and even their lives at risk.

We Build Successful Assisted Living Abuse and Neglect Claims

Many families feel less anxiety about their loved ones when they live in assisted living facilities versus nursing home facilities. It’s comforting to know that your family member only needs some degree of assistance with daily tasks rather than constant supervision and care. Unfortunately, assisted living residents aren’t immune to abuse and neglect, especially when their facilities are understaffed or hire inexperienced caregivers.

At Parrish DeVaughn Injury Lawyers, we work hard to help all types of elder residents get compensation after abuse and neglect, whether they live in senior communities, assisted living facilities, or nursing homes. Contact our Oklahoma nursing home abuse lawyers today for a free consultation. We’ll do everything in our power to get your family the maximum settlement for your loved one’s mistreatment.

No matter how pleasant and welcoming a nursing home may seem to residents and their loved ones, it’s common for families to feel a little apprehensive about this big change. They often worry about how their loved ones will be treated and whether they’ll be safe, happy, and have all of their needs met.

It’s important for families and residents to have reassurance that their nursing home values its residents and goes above and beyond when caring for them. But in Oklahoma, families and residents don’t have to simply take nursing home administrators’ word for it. They can also rest easy knowing that residents are guaranteed certain rights.

These Rights Are Granted to ALL Nursing Home Residents

Oklahoma nursing home residents not only are granted the following rights but also must be informed of them and provided a copy of them. They include:

The right to civil and religious liberties.

Nursing home residents have the right to participate in social, religious, and community activities, provided they don’t interfere with the rights of other residents. They also have the right to make their own personal decisions and be informed of available choices when presented with them in their nursing homes.

The right to respectful treatment.

Personal dignity is extremely important in nursing homes, and residents have the right to be respected by staff members. They must be reasonably accommodated and treated with courtesy based on their particular needs and preferences.

The right to be free from abuse and restraints.

Residents must never be abused by staff members, whether it’s physical or mental. They also must never be physically or chemically restrained by staff members unless authorized in writing by a physician, and even then, it must only be for a short time.

The right to private communication.

Residents have the right to communicate with family members, friends, attorneys, physicians, and others in a private setting. Whether it’s by telephone, mail, email, teleconference, or in-person visit, these communications should be free from surveillance or monitoring.

The right to receive visitors.

Residents have the right to welcome visitors of their choosing at any time. However, visitors must first identify themselves and get permission to enter. The resident also has the right to terminate a visit at any time.

The right to medical care.

In addition to being granted the right to access medical care, nursing home residents also have the right to be fully informed about their medical conditions and treatment plans by their physicians. They can also choose to participate in the planning and changing of care and treatments, including the right to refuse medications and treatments.

The right to personal belongings.

Residents must be allowed to own and keep personal belongings, including clothing, jewelry, money, electronic devices, and more.

The right to complain.

Unfortunately, not all nursing home residents have pleasant experiences all the time in their nursing homes. When residents are unhappy, they have the right to complain about their treatment or living conditions without fear of reprisal or discrimination.

The right to be free from involuntary work.

Residents must never be required to work while living in a nursing home unless they agree to do so, except for normal, shared household tasks. In addition, residents should be entitled to payment or wages for many types of voluntary work that they undertake.

The right to manage their personal financial affairs.

Unless they’ve given their power of attorney to family members or their nursing home facilities, residents have the right to manage their financial affairs. This includes being provided copies of nursing home bills and charges and information for applying for Medicare and Medicaid benefits.

The right to a quarterly accounting of financial transactions.

If the resident delegates the responsibility of managing their financial affairs to the nursing home, they have the right to receive at least a quarterly accounting of any financial transactions conducted on their behalf.

The right to a statement of guidelines and responsibilities.

Residents must receive a statement of the nursing home’s guidelines, including an explanation of the responsibility to comply with all reasonable regulations and to respect other residents’ personal rights and private property.

The right to a statement if adjudicated incapacitated.

When a resident is adjudicated incapacitated, their court-appointed guardian must receive a statement explaining the resident’s rights and responsibilities, which the guardian must exercise.

Steps to Take if These Rights Are Violated

Nursing homes in Oklahoma are supposed to uphold these rights to ensure dignity, respect, and quality of life for vulnerable adults. But what should you do if they violate these rights?

1. Document everything.

If you suspect a violation, meticulous documentation is essential. Keep a detailed record of:

• Dates and times of incidents
• Names of individuals involved
• Witness accounts, if any
• Photographs of injuries or concerning conditions

2. Report the violation.

Oklahoma offers several avenues for reporting nursing home abuse and neglect:

Long Term Care (LTC) Service: File a complaint with the Long Term Care Service, which can be reached at [email protected]. They are responsible for investigating and ensuring compliance with state and federal regulations.

Long-Term Care Ombudsman: Contact a long-term care Ombudsman at [email protected]. Ombudsmen are advocates for residents and can help resolve complaints and investigate concerns.

3.  Seek legal counsel.

If you believe a resident’s rights have been seriously violated, contact an attorney with experience handling nursing home abuse or negligence cases. They can advise you on legal options and help you protect your loved one’s rights and well-being.

We Help Residents Whose Rights Were Infringed or Violated

It can feel like a betrayal when a nursing home resident’s rights are violated by the very people who were supposed to care for and protect them. Unfortunately, abuse and neglect are all too common in nursing homes in Oklahoma. In addition, residents aren’t always aware that their rights have been violated, and some are even afraid to report what’s happening to them.

If you suspect that your loved one’s rights have been violated, the Oklahoma City nursing home lawyers at Parrish DeVaughn Injury Lawyers want to help. We’ve assisted many families whose trust has been betrayed by nursing home administrators who value profits over resident well-being. Contact us today for a free consultation.

Originally published February 21, 2022.

When people move their loved ones into nursing homes, they’re often most concerned about them being physically, emotionally, or sexually abused. Stories of nursing home abuse are common in the media, and they can make an already difficult decision even harder for family members needing to move their loved ones into a facility for care.

However, there’s another type of mistreatment that’s less talked about and more difficult to detect: neglect. Unlike abuse, which can leave noticeable wounds and result in immediate changes in behavior, neglect can be subtle and cause a slower form of physical and emotional damage that may take months or years to be visible to visitors.

Unfortunately, neglect is underreported because many family members and even residents don’t know what constitutes it or whether it’s actually occurring.

Neglect Occurs When Residents’ Needs Aren’t Met

According to the Centers for Disease Control and Prevention, neglect in the context of a nursing home is the failure to meet an adult’s basic needs, including food, water, shelter, clothing, hygiene, and medical care, and when victims suffer physically or mentally as a result of these failures. Neglect can be short-term or long-term, and both can have serious consequences for residents.

When nursing home residents are neglected, their rights are almost always violated. Oklahoma law requires that nursing home residents and their loved ones be informed of their rights, which includes posting a list of rights and providing a copy of them to residents and their representatives. These rights are also available on the official state of Oklahoma website.

Neglect Can Take Many Forms

Common types of nursing home neglect include:

Medical neglect

Many nursing home residents are in poor health or need frequent medical treatments and daily medications. When they don’t get access to the healthcare they need, they may be victims of neglect.

Basic needs neglect

Nursing home residents should have plenty of food to eat and liquids to drink, and some may even need help getting in and out of bed, into baths, and getting around their facilities. When residents are deprived of food and water, are left in bed, or aren’t moved frequently enough by caregivers, their health and strength can quickly go downhill.

Hygiene neglect

Nursing home residents deserve to have access to good hygiene, whether they’re capable of bathing and grooming themselves or they rely on staff members to assist. When this basic right is denied, their physical and mental health can suffer.

Social neglect

When they’re healthy enough to do so, nursing home residents need opportunities to interact with other residents and staff members. But some neglected residents may be left in their rooms and not invited or brought to social activities.

How Can You Tell if Your Loved One is Being Neglected?

Neglect isn’t always easy to spot, especially if you’ve just moved your loved one into a nursing home or they’ve just started being neglected by staff members. But being on the lookout for these signs and symptoms can help you catch it early:

• Bedsores or pressure sores due to lack of movement
• Weight loss
• Dehydration
• Worsening of health (due to lack of medical care)
• Poor personal hygiene
• Unkempt or unhygienic personal living quarters
• Depression

Residents aren’t always even aware that they are being neglected, especially if poor treatment is common in their facility. They and other residents may believe that it’s just “the way it is” and thus are unlikely to alert other staff members or tell their loved ones.

It can be even more difficult to detect neglect in residents who have dementia, Alzheimer’s disease, and other conditions that can affect their cognition and memory. Because of that, it’s important for family members to be on high alert during every visit—especially when residents have recently moved into nursing homes or their caregivers have changed.

We Help Neglected Residents and Their Families Get Maximum Compensation

Nursing home residents need high-quality care, attention, and compassion starting on the day they move in. But that doesn’t always happen—especially when nursing home owners and administrators value profits over resident happiness and health. When staff members are undertrained or stretched too thin, neglect is more likely to occur.

At Parrish DeVaughn Injury Lawyers, our Oklahoma nursing home abuse attorneys hold negligent owners and administrators accountable when residents are mistreated. We know how devastating it can be for residents and their loved ones when neglect occurs, and we work hard to help them get full compensation. Contact us today for a free consultation.

It’s never easy to move a loved one into a nursing home, even when doing so is in their best interests. Taking care of an elderly parent, grandparent, aunt, uncle, or another relative is often too much for families to handle, especially when those loved ones have special care needs, and that’s why they turn to local nursing homes and care facilities.

But stories about nursing home residents being abused or neglected are often reported in the media, and that can make families wary. It justifiably raises many questions about the type of care their loved ones will receive. Unfortunately, elder abuse is common, with around 1 in 10 Americans ages 60 and up experiencing it, and that extends to nursing homes.

Our Lawyers Can Answer Your Questions

At Parrish DeVaughn Injury Lawyers, it’s our goal to help both nursing home residents and their loved ones thrive when living in care facilities and recover compensation if they’ve been mistreated. But above all, we want to prevent abuse and neglect, and that starts by giving families the information and answers they need to make informed decisions.

Here are five of the most common questions we’re asked about nursing home abuse and neglect:

Do abuse and neglect only happen in low-income or lower-tier facilities?

No, abuse and neglect can happen at any nursing home, whether it’s needs- and Medicaid-based, or it’s for high-income residents and families only. Ultimately, nursing homes want to make money, and because of that, all types of nursing homes may stretch caregivers too thin to provide adequate care, or they may hire inexperienced workers to care for residents.

What are the types of abuse?

There are four primary types of nursing home abuse:

• Physical abuse, such as hitting, striking, cutting, pushing, burning, or other forms of violence. This can be caretakers abusing residents, or residents abusing other residents without caretakers preventing it.
• Sexual abuse, such as groping, inappropriate touching, or rape.
• Emotional abuse, such as humiliating, threatening, belittling, ignoring, or shunning.
• Financial abuse, such as coercion, theft, and making changes to wills, estates, and other financial assets.

Are abuse and neglect obvious?

Although some forms of abuse and neglect are obvious, such as unexplained bruises, weight loss, dehydration, sexually transmitted diseases, and poor hygiene, many aren’t. For example, residents may suffer from emotional abuse that lasts for years and in turn affects their mental and physical health, but they may be unable or unwilling to discuss or report it. In addition, residents may be left alone in their rooms for hours or days at a time, but staff may appear engaging and interested in their care when visitors arrive.

What do I do if I suspect nursing home abuse or neglect?

First, speak to your loved one, if you’re able to do so. Be frank with them about your concerns, and ensure them that nothing bad will happen if they tell you the truth. If you believe your loved one’s health or wellbeing is at imminent risk, call 911. In other cases, bring up the issue to nursing home managers or administrators. You should also contact the Long-Term Care Service of the Oklahoma State Department of Health to report the issue. Finally, contact an experienced Oklahoma City nursing home abuse lawyer that can begin protecting your loved one’s rights.

How can a lawyer help?

Having an experienced Oklahoma nursing home abuse lawyer on your side can be the turning point for your family’s experience with this tragic situation. First, a lawyer can work towards moving your loved one out of harm’s way, including helping them find a new, safe facility. Second, a lawyer will begin collecting evidence that proves your loved one was abused or neglected. And third, a lawyer will build a compensation claim for your family that will maximize your chances of getting the money you’re owed.

Contact Us Today for a Free Consultation

Nursing home abuse and neglect are incredibly sensitive and private matters for families, and they can lead to intense feelings of guilt, anger, frustration, and shame. Our law firm understands how difficult these situations are, and we’ll do everything in our power to help your family move forward while getting the compensation you need for what your loved one suffered physically and emotionally. But most of all, our priority is ensuring your loved one is never again mistreated in a facility that’s supposed to care for them.

Contact us for a free consultation. There are no upfront fees to speak with us about what’s happening in your family’s lives, and there’s no charge unless we win your claim. Get the help you need—call today.