Nursing Home Abuse And Neglect Are Illegal

It is illegal for nursing homes or long-term care facilities to neglect or abuse its patients or residents. Laws in Oklahoma protect nursing home residents and guarantee them certain rights. Unfortunately, many still suffer harm due to understaffing, inadequate training, underpaid workers and many other reasons.

Do you suspect someone you love is a victim of nursing home negligence or abuse? Martin + Fielding can help you spot the warning signs of abuse or neglect, stop it and obtain the justice your loved one deserves.

Did you know that in Oklahoma you now have a right to install cameras or "granny cams" in your loved one's room at a nursing facility?

What Falls Under The Definition Of Nursing Home Abuse Or Neglect?

The laws provide legal recourse when patients or residents suffer such harm as:

  • Physical abuse: This includes any type of physical pain or injury, whether intended or unintended. It can also include situations in which a patient is improperly or unnecessarily confined or restrained.
  • Emotional abuse: This type of abuse does not leave physical scars, but is equally serious. It can include verbal abuse, such as threatening, degrading or intimidating. It can also include non-verbal abuse, like when an orderly chooses to ignore particular residents or isolate them from participation in group activities.
  • Sexual abuse: This type of abuse involves sexual touching without consent. When capacity is at issue, a resident is unable to give legal consent even if they verbally agree to participate. It can also include sexual harassment, like showing a resident pornographic videos.
  • Financial abuse or exploitation: This involves taking financial advantage of an elderly resident. This might include stealing money or belongings, overcharging residents or coercing them into changing a will or other estate document (known as undue influence).
  • Elder neglect or abandonment: This involves providers who fail to fulfill their duties as caretakers. This might include, but is certainly not limited to, failing to provide basic care, hygiene or supervision. It can be intentional or unintentional such as a facility that is understaffed or unequipped to handle a certain type of patient. It can also include situations in which a facility disagrees with the definition of "reasonable" when determining their minimum standard of care.

Build A Strong Case With Our Help | Free Initial Consultations

Although the types of harm can be classified into five basic groups, these cases are extremely complicated. They require a deep understanding of extensive laws and regulations. Our attorneys have significant experience defending nursing homes, and thus know how to build a strong case against your opponent.

Call our office at 800-594-9269 or complete our online form to schedule your free consultation with a lawyer.