Nursing homes should be safe spaces where residents receive the medical care and personal attention they need. Unfortunately, some Oklahoma nursing home residents are at risk because of abuse and neglect.
A 2021 U.S. study on elder abuse found that 29% of abuse complaints involved physical abuse by caregivers, such as slapping, hitting, or rough handling. 40% of complaints involved psychological abuse, which includes emotional manipulation, intimidation, or isolation and neglect.
Nursing home abuse and neglect are all too common in care facilities throughout the nation and in Oklahoma. It’s our goal as nursing home lawyers in Oklahoma City to give victims and their loved ones the legal representation they deserve.
What Are the Most Common Types of Nursing Home Abuse and Neglect?
The National Center on Elder Abuse says six types of abuse occur due to negligent care providers and nursing homes. They include:
- Physical Abuse: Forms of physical abuse can involve actions like striking, shaking, pushing, or inappropriately restraining residents.
- Sexual Abuse: Residents in nursing homes may face risks of sexual abuse, which can include unwanted touching, sexual harassment, and sexual assault.
- Emotional Abuse: Residents can experience verbal and emotional abuse from staff, which may include insults, threats, yelling, and humiliation.
- Neglect: Neglect is a type of abuse that occurs in nursing homes when residents don’t get the care and attention they deserve, including food, water, medication, and access to daily hygiene tasks.
- Abandonment: Abandonment can occur when staff members leave residents in their rooms, common areas, or in public for long periods or indefinitely.
- Financial Abuse: Some residents are victims of theft, fraud, and financial manipulation, including being convinced to write checks to staff members or institutions or to transfer money out of their bank accounts.
Warning Signs of Nursing Home Abuse and Neglect
Whenever you visit your loved one in their nursing home, stay vigilant for any signs of abuse or neglect. Abuse can happen at any moment, and your loved one might not share their experiences due to feelings of shame or fear of retaliation.
Common signs of mistreatment include:
| Type of Sign | What to Look For |
| Physical | ● Unexplained injuries like bruises, cuts, or burns ● Frequent infections ● Sudden weight loss ● Poor hygiene ● Untreated medical conditions like bedsores |
| Emotional | ● Unusual or sudden changes in behavior ● Withdrawal from normal activities ● Increased anxiety, fear, or depression ● Unexplained mood swings |
| Behavioral | ● Aggressive or violent behavior ● Expressions of fear or discomfort around certain staff members ● Unexplained changes in alertness or responsiveness |
Legal Rights of Nursing Home Residents
In Oklahoma, nursing home residents are entitled to legal rights and protections under federal and state laws. These regulations, including the federal Nursing Home Reform Act and the Nursing Home Care Act in Oklahoma, ensure that residents are treated with dignity and respect and receive the medical care they require.
Key resident rights include:
- Freedom from abuse, neglect, and exploitation
- Participate in care planning, including the right to be informed about their medical condition and treatment options
- Entitlement to privacy
- Ability to communicate freely with people outside the nursing home
- Receive adequate and appropriate medical care
- To voice grievances without fear of retaliation
If an owner, manager, healthcare worker, or staff member at an Oklahoma nursing home violated you or your loved one’s rights, you can pursue compensation for physical and emotional damages. Our compassionate and knowledgeable attorneys at Parrish DeVaughn Injury Lawyers can meet with you to discuss your case and advise you on your legal options.
Types of Damages and Compensation for Nursing Home Injuries
Victims of nursing home abuse and their families can seek various types of compensation for their suffering and losses. We can help you pursue the following damages from a negligent nursing home:
- Medical Costs: This includes emergency care, ongoing treatments, medications, and physical therapy needed due to injuries or illnesses resulting from the abuse.
- Pain and Suffering: This compensates for the physical discomfort and emotional anguish victims endure, such as the distress from being isolated or mishandled by caregivers.
- Loss of Quality of Life: Compensation for the decline in enjoyment of daily activities, like a resident who can no longer participate in social events due to the trauma of mistreatment.
- Punitive Damages: Awarded in extreme cases, like when a staff member intentionally harms a resident, these damages penalize the abuser and prevent similar conduct in the future.
- Wrongful Death Damages: If your loved one passes away due to abuse or neglect, your family can receive damages for funeral expenses, loss of companionship, and the emotional pain of losing a loved one.
Steps to Take if You Suspect Abuse or Neglect in an Oklahoma City Nursing Home
If you think there might be abuse or neglect happening in a nursing home, it’s essential to act fast to protect your loved one. Here’s what you can do to report mistreatment in an Oklahoma nursing home:
- Report to Management: Tell the nursing home’s management about your concerns. Provide a detailed account of your observations. It’s a good idea to use email or a written letter to document your complaint. If they create an internal report of your complaint, make sure you get a copy.
- Document Everything: Document every sign or instance of abuse, even those that might appear minor. Record the dates, times, and details. If feasible, take photos of any injuries or substandard living conditions to serve as proof.
- File an Official Complaint: Contact the Oklahoma State Department of Health to file an official complaint. You can do this in person, by phone (405) 426-8470, or by email. Fill out the Medical Facilities Complaint Form and submit it along with your documentation by email to medfaccomplaints@health.ok.gov or mail it to:
Oklahoma State Department of Health
Medical Facilities
123 Robert S. Kerr. Ave Suite 1702
Oklahoma City, OK 73102-6406
They will investigate the claim and provide you with a report of the findings. If they discover evidence of abuse, they may initiate terminations, penalties, or sanctions on the nursing home.
- Consult a Lawyer: Seek legal counsel. Our attorneys at Parrish DeVaughn Injury Lawyers can help you through the complaint procedure, protecting you and your loved one’s rights.
We can gather evidence for the complaint, help you submit documentation, and represent you in a civil lawsuit against the nursing home or its staff to win damages for your losses.
Suspect Your Loved One is Being Abused or Neglected? Get a Lawyer Today
Nursing homes are subject to strict rules, regulations, and laws. Accusing a nursing home or staff member of abuse or neglect is a serious allegation, and it may involve an investigation by law enforcement. That’s why it’s important to speak with a nursing home abuse lawyer first to protect the rights of you and your loved one.
At Parrish DeVaughn Injury Lawyers, our Oklahoma nursing home abuse attorneys know what to look for when investigating and building nursing home mistreatment claims. Let us put our experience to work for you and your loved one. Call today for a free consultation to find out how we can help your family.
