Are Oklahoma nursing homes regulated?
Yes. Nursing homes are regulated by state and federal authorities. In Oklahoma, the Oklahoma Department of Health, together with the United States Department of Health and Human Services Centers for Medicare and Medicaid Services, are responsible for regulating nursing homes.
How are Oklahoma nursing home regulated?
Agents from the Oklahoma Department of Health or the U.S. Department of Health and Human Services conduct annual inspections, called surveys, to ensure nursing homes are in compliance with state and federal guidelines. These inspections are usually unannounced. They are undertaken more often at nursing homes with a past record of violations, or when a number of complaints have been made against the facility. Following the survey, regulators complete a formal report about the nursing home’s adherence to state and federal guidelines.
What happens when a Oklahoma nursing home violates the rules?
In cases where the survey determines violations, but these violations do not pose an immediate threat to resident safety, the nursing home will be given the opportunity to provide investigators with a plan to make necessary changes, called a Plan of Correction. In situations where resident safety is threatened, regulators can impose fines, appoint new supervisors, suspend new admissions, suspend the nursing home’s license, and other punishments.
What types of damages can be obtained from Oklahoma nursing homes?
Oklahoma recognizes all of the following damages:
- Pain and suffering
- Medical expenses
- Lost income
- Disfigurement
- Loss of normal life
- Wrongful death
In cases involving wrongful death, the decedent’s heirs may be entitled to damages for the loss of their loved one. If the victim suffered an injury before passing away, the decedent’s heirs or estate may be entitled to what is known as survival damages. This allows for the recovery of damages for pain and suffering before the victim of abuse passed away.
What is the amount of damages typically awarded?
This is a difficult question to answer because compensation varies greatly due to a variety of factors. These factors include the level of injury or injuries suffered, the age of the victim, the degree of misconduct displayed by the nursing home, and many more. You should contact our experienced Oklahoma nursing home abuse lawyers to determine whether you have a valid claim against the nursing home and what your case might be worth.
How long do cases of abuse against Oklahoma nursing homes usually take?
Some cases are settled rather quickly, in a matter of weeks or months. Other cases can go on for years. It depends on the particular situation, the nature of the injuries and many other factors. You should know that if the injury or injuries suffered by the victim require ongoing medical treatment, it is not a good idea to accept a settlement before the injuries have been successfully treated. Only then will you have an accurate idea of the costs involved and the damages you may be entitled to receive.
What should I do if a risk manager or attorney representing the Oklahoma nursing home calls me about injuries suffered by my loved one?
It is very important that you do not discuss the situation with nursing home representatives such as these. They may seem like they are only trying to help and have your best interests, and those of your loved one, at heart. But remember: they represent the nursing home, not you. Their goal is to protect the nursing home’s interests and minimize any potential financial loss. You have the right to speak with an attorney first before answering any questions or discussing the situation, and you owe it to yourself and your loved one to do just that.
