Elderly Abuse in Nursing Homes
Unfortunately, abuse and neglect in nursing facilities is a common but frequently disregarded issue among the elderly. The 2010 census revealed that the number of Americans over 65 was at an all-time high. 40.3 million of them, or almost 13% of the total population. These folks were mostly made up of women.
Sadly, not enough reports of elder abuse and neglect in nursing homes are filed. Roughly 95 percent of residents in nursing homes have either experienced or witnessed neglect, according to the National Center on Elder Abuse (NCEA). When you are looking at tough decision of placing a parent or grandparent in a nursing, you expect your family member to get the care they require—which they are unable to provide for themselves. Unfortunately, this isn’t always the case.
Elder Abuse Laws in Oklahoma
According to Oklahoma law, abuse occurs when a caregiver or another individual offering services to a vulnerable adult inflicts or permits bodily pain, injury, sexual abuse, sexual exploitation, unjustified detention or imprisonment, mental distress, or personal degrading treatment. A vulnerable adult is also likely to suffer a major physical or mental injury if they are denied access to food, clothes, shelter, medical attention, or other care or services (Okla. Stat. tit. 43A § 10-103).
According to Oklahoma law, neglect is the act of failing to give a vulnerable adult who is unable to defend their own interests proper protection, housing, food, medical attention, or clothes. According to Okla. Stat. tit. 43A § 10-103, caretakers who provide direct services to vulnerable adults may also be negligent if their actions or inactions cause injury or an unreasonable risk of harm to the adult.
An aggressive defender of your rights might be a personal injury lawyer from Wirth Law Office – Oklahoma City if you or someone you love is a victim of abuse or neglect in a nursing facility.
Warning Signs of Abuse of the Elderly
Regular visits are the greatest way to find out whether a loved one is being abused in their care home. Knowing their current state of mind and body will help you recognize abnormalities sooner. Typical indicators of physical abuse or neglect include:
- dehydration
- weight loss
- reclusiveness or refusal to talk
- bed sores
- poor appearance or uncleanliness
- frequent infections
- bruising
- cuts
- welts
- broken bones
- fractures
It could involve financial, emotional, or sexual abuse in addition to physical torture. It may even manifest as disregard for others. Speak with a knowledgeable Oklahoma City personal injury attorney if you think a loved one is being abused at a nursing facility. They can ensure that justice is done and offer them the assistance they require.
Nursing Home Neglect and Negligence
Carelessness and neglect are closely related. Actually, the concept of neglect includes negligence. Neglect is defined as “negligent acts or omissions that result in harm or the unreasonable risk of harm to a vulnerable adult.” According to Oklahoma law, an individual is deemed negligent if their actions were more reckless than what a reasonable person would have done in the same circumstance. A person can only be considered negligent if they violated someone else’s duty of care and the result was injury.
Employees at some nursing facilities may not receive the necessary training, which increases the likelihood of carelessness. Additionally, nursing homes frequently have a low staffing level, which makes it difficult to properly care for the patients and frequently leads to neglect. Ignorance of patient needs is a prevalent kind of neglect. This might result in more falls that cause injuries, food choking incidents, or other mishaps. Overmedicating is something that might be the result of abuse or neglect. Overdosing on one or more drugs can have very negative side effects for the patient.
Requirements for Nursing Homes
Oklahoma nursing facilities are mandated by law to take a variety of steps to ensure the health and welfare of their residents. Several of those items include:
- Patients should be encouraged to get out of bed and move around.
- To lessen the chance of bed sores, rotate patients in their beds every two hours
- Make strategies and timetables for using the toilet to enhance continence
- To reflect changes in physical, mental, or psychosocial function, revise care plans and assessments.
- Give three balanced meals a day and keep food on hand in between meals for snacks.
In a perfect world, every assisted living facility would surpass these specifications. Unfortunately, that isn’t the case. It’s critical that you hold the nursing home responsible or find a new one for your loved one if they aren’t getting the care they need there. If that’s the case, abuse or neglect can also be taking place. They are entitled to what they deserve, and the Wirth Law Office -Oklahoma City has skilled and sympathetic attorneys that can help.
Restraints on Elderly in Nursing Homes
Only in an emergency or when treating a medical condition is required is it appropriate to employ restraints on a patient in a nursing home. If they are restricted for more than two hours, they still need to be given a 10-minute respite from their restraints every two hours.
A few instances of the mistreatment of patients in nursing homes include the use of excessive and needless restraint. It’s possible that an individual you care about in a nursing home was improperly restrained if they have bruises on their wrists or neck. You can discover the facts and bring your loved one to safety with the assistance of an Oklahoma City personal injury lawyer.
Electronic Monitoring
Oklahoma approved Senate Bill 587 in 2013. It made changes to the prior legislation governing nursing homes so that residents and their families could install electronic monitoring equipment in their rooms. In order to make sure patients aren’t being abused, this safety precaution was taken. Disabling or tampering with the cameras is forbidden. A sign advising guests that the room is being watched over by audio and/or video must be shown by the patient.
Although this is a positive move, it doesn’t take into consideration what happens outside of the patient’s room. particularly since some neglect and abuse are covert and may not always be captured on video. Fortunately, the video recorded by these devices can serve as proof of any abuse, neglect, or carelessness in civil or criminal cases. There are Oklahoma City attorneys who are willing and able to assist if you or someone you care about is residing in a nursing facility where you do not believe they are safe or receiving proper care.
Get Legal Advice from an Oklahoma City Personal Injury Lawyer
The prevalence of abuse and neglect in nursing homes is shockingly high. Patients are defenseless. Every day they endure suffering. One of them might be someone you love and know. Speak with a capable and understanding lawyer at Wirth Law Office – Oklahoma City if you think someone you know may be a victim. Call 405-888-5400 for a consultation. Additionally, you can complete the form at the top of the website.
