When a loved one is residing in a nursing home, you would expect that they are receiving the care and attention they deserve. However, nursing home abuse and neglect cases are becoming more prevalent, and Oklahoma law has provisions in place to address these violations.
Table of Contents
Legal Definition of Nursing Home Abuse and Neglect
In Oklahoma, nursing home abuse refers to intentional actions that cause harm to a resident. This includes physical abuse, sexual abuse, emotional abuse, and financial exploitation. On the other hand, nursing home neglect refers to a lack of care or attention that causes harm to a resident, such as failure to provide medication, adequate nutrition and hydration, or personal hygiene.
Civil Liability
Under Oklahoma law, nursing homes and their employees may be held liable for injuries resulting from abuse and neglect. Nursing home residents and their families have the right to file personal injury lawsuits against the facility or individual caregivers responsible for their loved ones’ mistreatment.
However, it’s worth noting that a nursing home resident may not always be able to file a lawsuit themselves due to physical or mental limitations. In such cases, a family member or legal representative may bring the lawsuit on their behalf.
Statute of Limitations
While nursing home abuse and neglect cases are serious, there are specific timelines for filing a lawsuit. In Oklahoma, the statute of limitations for personal injury cases is two years from the date of injury or discovery of harm. This means that it’s crucial to take legal action as soon as possible to secure the necessary evidence and protect the rights of the resident.
Damages Available
In nursing home abuse and neglect cases, damages may be awarded to compensate the victim for their injuries. The damages may include:
- Medical expenses: This includes past, current, and future medical expenses related to the abuse or neglect.
- Pain and suffering: This is the compensation for the physical and emotional distress caused by the abuse or neglect.
- Lost wages: If the resident is unable to work due to their injuries, they may be entitled to compensation for lost wages.
- Punitive damages: In some cases, the court may award punitive damages to punish the nursing home for their egregious actions and prevent future occurrences.
Investigation and Prosecution
In Oklahoma, nursing homes are required to report suspected abuse or neglect to the Department of Health. The Department of Health is responsible for investigating complaints and enforcing state and federal standards for nursing home care. Based on the results of the investigation, the department may impose fines, citations, or even revoke a nursing home’s license.
Additionally, if the abuse or neglect involves criminal actions, such as physical assault or financial exploitation, law enforcement may conduct their own investigation and pursue criminal charges against the responsible parties.
Conclusion
Nursing home abuse and neglect cases are a complicated and distressing issue. Oklahoma law has provisions in place to protect the rights of nursing home residents and their families. If you suspect that your loved one has been a victim of nursing home abuse or neglect, it’s crucial to contact an experienced personal injury attorney to discuss your legal options.