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Nursing Home Litigation

Nursing Home Litigation 

Nursing home abuse occurs when the resident is physically abused, raped or sexually assaulted, over-sedated, or subjected to verbal and/or emotional abuse in a nursing home. Dependent individuals, often elderly adults, may reside in nursing homes and depend on the nursing home staff for their care and well-being. Abuse in nursing homes can be hard to detect since many nursing home residents have trouble communicating and may have sporadic family support.

man in wheelchair in a nursing home

When placing a loved one in a nursing home or assisted living facility it is important to ask and be aware of certain laws pertaining to the rights of one being cared for. One of an important question to ask is the placement of the individual, are they being placed in the appropriate residence or area of the facility. The owner of a facility is responsible for making this determination along with your understanding of why the decisions are being made in the way that they are. Determining placement should be based upon the needs of the resident. Ask questions about the services that are going to be provided, will they be adequate to the needs of the individual or is it more/less than what is required for the patient comfort and well being?

More care is not always the best way to make a decision on where to place your loved one. Maybe they will have too much care restricting the patient to do what they are capable of doing. Maybe little care is needed but you may want an emphasis on monitoring your loved one.

Also make note of who is doing the evaluation on your loved one. Are they qualified to make and suggest where and when the patient should be placed in a nursing home? Will they ever move the patient without your knowledge? In most cases a resident cannot be moved without the proper consultation beforehand.

You will want your loved one examined by a licensed physician 60 days before admission to any facility. This report can be a part of the permanent record for the patient at the facility and will assist the facility or administrator of the health of the patient prior to entering into the nursing home.

Remember that in most cases that any resident going into a facility and placed there by the department of Children and Family Services should be examined by a qualified medical professional within 30 days before going in.

Oklahoma Nursing Home and Assisted Living Act.

For more information on the Continuum of Care and Assisted Living Act, Title 63 of the Oklahoma Statutes Section 1-890 et seq. As Amended in 2008.

For information on Assisted Living Sate Regulatory Review March 2012.

Making the decision to place a loved one in a nursing home or assisted living facility isn’t one that should be taken likely. It is a big decision that can lead to long term consequences. There are many people that may be involved in the decision making process. Question like how far the nursing facility is located from family members and what treatments and care are provided, what the history and philosophy of the nursing home is are all things to consider.

If you have concerns about a loved one placed in an Oklahoma nursing home fill out the form on the right.

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