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The abuse of an elderly loved one is one of the most difficult and hard to understand crimes a family can go through. Elder abuse is doing something or failing to do something that results in harm to an elderly person or puts a helpless older person at risk of harm including, physical, sexual and emotional abuse. Neglecting or deserting an older person you are responsible for or taking or misusing an elderly person's money or property. Elder abuse can happen within the family. It can also happen in settings such as hospitals or nursing homes or in the community. Elder abuse is a serious problem in this country and all 50 states including Oklahoma have laws against elder abuse. The laws differ, but all states have systems for reporting suspected abuse. If you believe your loved one in Oklahoma has been the victim of abuse, seek the advise of a qualified Oklahoma attorney.
If you or a loved one has been harmed while a nursing home resident, contact an attorney for advice about protecting your legal rights and seeking recompense for injury.
A nursing home or its owner, or proprietor, can be held liable for negligence in failing to properly care for its residents. In such a case, the injured resident must prove:
- that the nursing home's owner or employees breached a duty of care owed to the resident;
- that the resident was injured by this breach; and,
- that the nursing home owner's or employee's conduct caused the injury.
In a case where a resident dies because of the nursing home's negligence, it is not necessary to prove that the resident would have survived if not for the negligence. If the defendant accelerated the resident's death at all, it may be liable for the death, and if the negligence caused the resident additional pain and suffering, the nursing home can be liable to the resident's estate.
A party who brings a claim against a nursing home will want to bring out all evidence of the losses or suffering that resulted from the nursing home's conduct, and should attempt to provide as much information as possible to a skilled Oklahoma attorney. Contact us at our Tulsa office via email or call 918-587-8700 for a free consultation regarding your case.
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Adams Law Office PLLC
525 S Main Ste 525
Tulsa, Oklahoma 74103