Nursing Home Negligence or Abuse
Statute of Limitations Okla. Stat. Ann. tit. 12 §95
- Two years from when the injury was discovered, or reasonably should have been discovered.
Damages Cap Okla. Stat. Ann. tit. 23 §9.1
- Non-economic damages are capped at $350,000 with certain exceptions. Such exceptions apply to the defendants’ conduct: where the defendant is guilty of fraud, oppression, malice, or conduct demonstrating wanton or reckless disregard for the rights of another.
- There is no limit on the amount of economic damages which may be awarded by the jury.
- In cases of intentional and malicious acts, punitive damages are not capped.
Medical Malpractice
Statute of Limitations Okla. Stat. Ann. tit. 76 §18; Okla. Stat. Ann. tit. 12 §96
- Two years from when the injury was discovered, or reasonably should have been discovered.
- For children under 12 years, the case must be filed within seven years of the date of injury.
- If the child was injured at 12 years or older, they have until one year after turning 18 to file a claim.
- Mentally disabled individuals must file case within seven years of the date of injury.
Damages Cap Okla. Stat. Ann. tit. 23 §9.1
- Non-economic damages are capped at $350,000 with certain exceptions. Such exceptions apply to the defendants’ conduct: where the defendant is guilty of fraud, oppression, malice, or conduct demonstrating wanton or reckless disregard for the rights of another.
- There is no limit on the amount of economic damages which may be awarded by the jury.
- In no event shall the non-economic damages exceed the economic damages.
- The cap does not apply if the judge finds the act causing injury was intentional and malicious and threatened human life.
Wrongful Death
Statute of Limitations Okla. Stat. Ann. tit. 12 §1053
- Two years from date of death.
- Damages for personal injury resulting in wrongful death may be brought in one action, for the benefit of the estate and the next of kin.
- The statute provides for recovery for the pain and suffering of the decedent, as well as recovery for losses to the surviving spouse and dependents, medical and funeral expenses, and grief and loss of companionship.
- The personal representative or next of kin must bring the cause of action for wrongful death.
Damages Cap
- None.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
Nursing homes in Oklahoma are supposed to provide a compassionate standard of care to patients. You may rely on a nursing home to care for an elderly family member or a loved one dealing with a disability. Unfortunately, these facilities do not always provide the responsible care your family member needs.
In this situation, your family member could end up suffering a nursing home injury. You might benefit from consulting an Oklahoma nursing home injury lawyer in this situation. Start getting help today to talk to the Pintas & Mullins Law Firm. We may be able to help you protect your loved one’s legal rights and secure them awards for their losses.
Ways You Can Identify Nursing Home Injuries in Oklahoma
Identifying nursing home injuries in Oklahoma may be difficult. However, you can start getting help for your loved one when you realize there is a problem. For this reason, you must monitor the health and well-being of any family members in a nursing home in Oklahoma. These signs in your loved one might indicate nursing home abuse and neglect:
- Has pressures ulcers or bedsores
- Keeps getting ill or developing infections
- Lost a lot of weight or appears dehydrated
- Has strange burns, bruises, or injuries
- Has become withdrawn, depressed, or fearful
Any strange changes to your loved one’s emotional state may indicate that they are experiencing injuries from abuse or neglect. Anxious behaviors like nail-biting or thumb-sucking can also be warning signs of nursing home injuries or abuse.
You may also need to be aware of the risk of financial abuse in a nursing home environment. Warning signs for financial abuse can include requests to make adjustments to bank accounts or strange transactions on your loved one’s financial records.
Types of Oklahoma Nursing Home Abuse
Your loved one could face multiple types of injuries while in a nursing home in Oklahoma. According to the National Consumer Voice for Quality Long-Term Care, many of these injuries occur in nursing homes, and they may have resulted from:
Physical Abuse
Physical abuse often involves acts of violence. Pushing, squeezing, or hitting someone could constitute physical abuse. If a staff member puts your loved one in restraints, this may also be considered physical abuse if it is unwarranted.
Sexual Abuse
Non-consensual sexual activity is considered sexual abuse. Sexual abuse in a nursing home may also occur if someone takes pictures or videos of a patient without their consent.
Psychological and Emotional Abuse
Nursing home abuse may be emotional or psychological in some cases. This form of abuse may occur if someone yells, threatens, or insults your family member. Some acts of emotional or psychological abuse are nonverbal in nature.
Financial Abuse
Your loved one may experience financial abuse while in a nursing home in Oklahoma. Financial abuse occurs if someone tries to use your family member’s property or assets without their permission. You can contact Pintas & Mullins Law Firm for help handling a nursing home abuse lawsuit.
For a free legal consultation, call (800) 794-0444
Neglect in Nursing Homes in Oklahoma
Sometimes, individuals in a nursing home may experience harm and injuries if they are not cared for properly. Neglect can be incredibly serious, and it may even lead to life-threatening situations if your loved one is:
- Not given enough to eat.
- Not given enough to drink.
- Not provided with proper medication and medical care.
- Not turned frequently to avoid bedsores.
You may also notice signs of neglect with the upkeep of the nursing home facility. It may be concerning if the rooms, floors, and bedding are not kept clean. Additionally, evidence of vermin and insects around your loved one may be very concerning in a nursing home environment.
Factors That Lead to Oklahoma Nursing Home Injuries
It may be important to consider the causes of nursing home injuries in Oklahoma. Understanding the reason that nursing home injuries occurred may help your lawyer build a claim for you and your family. An Oklahoma nursing home injury lawyer may investigate the nursing home facility, interview employees and other patients, and dig into other records to find out if the abuse was a result of staff members:
- Being overworked because of understaffing
- Providing poor care due to inadequate training
- Acting in an intentional cruel or hurtful way
- Engaging in abuse due to mental illness
If any of the above factors played a part in your loved one’s abuse or neglect, you might be able to hold both the employee and the nursing home itself accountable.
In some cases, other residents cause nursing home injuries. Other patients may engage in physical, sexual, or emotional abuse. Your family member may need help handling these forms of abuse.
Click to contact our lawyers today
Take Charge with an Oklahoma Nursing Home Injury Lawyer
You don’t have to try to help your loved one on your own after they suffered a nursing home injury. You may be able to get legal help right now by consulting an Oklahoma nursing home injury lawyer. They may be able to investigate the nursing home to build a case for your family. Depending upon your situation, your loved one could receive awards for:
- Their medical expenses
- Their pain and suffering
- Their costs for therapy
Your family may be able to reach a settlement with the nursing home where the injury occurred. A nursing home injury lawyer in Oklahoma may be able to negotiate with insurance agents and nursing home representatives for you. In other cases, you might have to take your claim to trial if you are unsatisfied with the settlement.
Get legal help on your side if you need help handling a nursing home injury in Oklahoma. Contact Pintas & Mullins Law Firm today to get assistance quickly. We do not shy away from tough cases. Find out more about how we may be able to assist you and your family right now.
Call or text (800) 794-0444 or complete a Free Case Evaluation form