Nursing Home Neglect in Wagoner County harms some of our most vulnerable family members. Nursing Home neglect is similar to abuse in certain respects, but there are important differences between the two. “Abuse” means causing or permitting the infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, or mental anguish, or the deprivation of nutrition, clothing, shelter, health care, or other care or services without which serious physical or mental injury is likely to occur to a vulnerable adult by a caretaker or other person providing services to a vulnerable adult. “Neglect”, on the other hand, can be:

• a failure to provide protection for a vulnerable adult who is unable to protect his or her own interest,
• a failure to provide a vulnerable adult with adequate shelter, nutrition, medical care, or clothing, or
• a negligent act or omission that results in harm or the unreasonable risk of harm to a vulnerable adult through the action, inaction, or lack of supervision by a caretaker;

Thus, nursing home negligence is a form of substandard care that causes harm to a resident. The standards of care that a facility have requirements to adhere by are in Section 1-1918 of the Nursing Home Care Act. This Section also refers to the nursing home residents’ “Bill of Rights”, as it bestows the basic religious, financial, and medical rights of the residents in such facilities. Essentially all nursing home negligence cases in Oklahoma arise from a violation of Section 1-1918’s provisions.

Proving Nursing Home Neglect

Nursing Home Neglect in Wagoner County is treated as a negligence case. In all negligence cases, one needs to show that there was a breach of duty, and that breach caused the harm that resulted. A nursing home clearly has a duty to its residents to provide certain standards of care pursuant to the Nursing Home Care Act, and a breach of this duty would constitute a violation of Section 1-1918. Any person convicted of violating any provisions of that section shall be guilty of a misdemeanor, punishable by a fine of not less than $100.00, nor more than $300.00, or imprisonment in the county jail for not more than thirty (30) days, or both such fine and imprisonment.

Complications Proving Liability

Often, the nursing home or residential facilities will try to argue that if you or your family member receives injury by one of these violations, your remedy should have limits that are in Section 1-1918. This is simply not true! Additionally, you can bring other causes of action along with your claim of such violation. Hiring an attorney has knowledge in this area of law is mandatory if you want to full recovery for you or your loved one’s injuries.

What a Wagoner Nursing Home Attorney Can Do

Nursing home negligence is a complex legal matter that requires the knowledge and skill of an attorney who can help. Some people are shocked when the facility seems to evade liability for their resident’s injuries, and these vulnerable adults can’t seem to hold anyone accountable. Often, these types of facilities have corporations backing them who can pull in financial and legal resources that can overwhelm and prevent a complainant from bringing forth a cause of action. However, don’t be discouraged! Getting legal representation will protect you from such traps. Here’s what an attorney can do:

• Attempt to reconcile the complaint between the parties: A skillful attorney may initially see if the facility can correctly remedy the situation promptly before the requirement of any further legal action. If this fails, then they will take the next steps to initiate the lawsuit.
• Gather all the relevant information regarding your case: Medical records, witness statements, and any other pertinent evidence
• Starting the Action: Filing your claim with the court and serving the defendants with notice of the action.
• Negotiation: Civil cases rarely go to trial, with over 90% ending in a settlement agreement.
• Preparing for Trial: If parties cannot agree on a settlement, trial will then commence and a judge or jury will decide the outcome based on the facts and circumstances of your case. Further, a skillful attorney will make sure your side of the story is clear in order for you to receive the most recovery for your damages.

We Do Nursing Home Negligence & Abuse Claims

Residents of nursing homes are often vulnerable adults who need representation. Our firm has successfully assisted residents and their family members with their claims against these facilities for years now. If you or a loved one has been a victim of negligence or abuse by a residential facility such as a nursing home, please call us today for a free consultation.