Oklahoma law protects a nursing home resident’s rights to health and safety; however, our Oklahoma nursing home abuse lawyers at Colbert Cooper Hill Attorneys explain that many potential residents are being forced to waive those rights as part of the admission process.
An arbitration agreement is a legally binding document between two parties that is often used to prevent one party from suing the other in court. Despite state laws prohibiting nursing homes from requiring arbitration agreements to be signed by patients prior to admission, some studies have shown as many as 312 facilities in the state are using these documents.
An article from KGOU News highlighted the risks these agreements can have by telling the stories of several families whose lives were affected by arbitration agreements that were signed to get loved ones into nursing homes. Several of the families remain entangled in their legal battle.
It seems as though the law regarding arbitration agreements for Oklahoma’s nursing home patients will remain in limbo for some time as well. Lawmakers are currently considering a bill that would make arbitration agreements at nursing homes binding.
At Colbert Cooper Hill Attorneys, we know you only want what is best for your loved ones, but our Oklahoma personal injury lawyers strongly suggest you refrain from signing any sort of arbitration agreement before you have it examined by a qualified legal representative. Doing so will help to ensure you and your loved one’s rights are protected at all times.
Getting quality care for your loved one in Oklahoma can be difficult. In fact, one study just ranked Oklahoma 49th in the nation when it comes to nursing home care. Furthermore, it’s estimated that 1 in 3 patients of long-term care facilities in the state will become victims of Oklahoma nursing home abuse this year.
These disturbing numbers are said to be the result of a failed elderly care system in our state. This position was supported by a case of elder abuse that came before the state’s courts recently.
According to KOCO News, an 80-year-old patient at an Oklahoma nursing facility alleged that on May 9, 2010, a caretaker grabbed her by the arm with such force that the patient’s wrist was broken. A complaint was filed against the nursing home and staff member, which led to the court handing down a $15 million judgment on behalf of the victim. Despite the ruling, the perpetrator never faced criminal prosecution.
Instances like this leave many wondering what they can do to protect themselves and their loved ones from harm inflicted by caretakers at nursing facilities. The state is working to find ways to prevent such acts from occurring, but in the meantime, speaking with an Oklahoma personal injury lawyer may be your best bet if you or a loved one are the victims of abuse.
At Colbert Cooper Hill Attorneys, we have decades of experience assisting victims of abuse or neglect and helping them get the compensation they deserve. We want to do the same for you. Just call us at (877) 579-6800 to learn more.
Nursing home abuse is a major problem in Oklahoma today. The state recently ranked 48th in the nation when it comes to the quality of care nursing home residents receive. The Oklahoma Nursing Home Abuse Lawyers with J. Colbert Personal Injury Lawyers point out that despite these findings, lawmakers are doing little to protect the elderly’s rights to quality care, and are instead passing laws that make holding those responsible for elder abuse accountable more difficult.
An article released by Take Part explains that a lack of proper staffing and failure to conduct proper background checks on staff are two of the problems leading to the state’s failing rating. Rather than creating laws that stiffen regulations and penalties in these areas though, legislators are continuing to work towards passing bills that limit the amount of damages victims of nursing home abuse or neglect can receive through civil litigation. The state passed a law in 2009 that established such limits, but it was removed from the books after the state’s Supreme Court ruled the law was unconstitutional.
This leaves many wondering what action they can take if they suspect their loved one is not receiving proper care at a nursing home. J. Colbert’s team of Oklahoma Personal Injury Lawyers explains that proving negligence in healthcare can be a complex process. They urge anyone who has suffered due to abuse or negligence from a caregiver to discuss their legal rights with an attorney.