Nursing Home Neglect & Abuse
How the Arbitration Process Can Be Unfair
For many personal injury victims, the idea of going in for third-party arbitration might be appealing since it means they don’t have to go to court or endure the stress of a long-drawn trial. However, Oklahoma personal injury attorneys are well aware that there are no guarantees whatsoever that an arbitration will be a fair process. It is important for injury victims to understand that once a decision is rendered in a binding arbitration, the parties are generally stuck with that decision. There is no appeal process, which means that the parties are at the mercy of the arbitrator.
Nursing homes often require residents or their families to sign arbitration agreements in lieu of going to court in the event the patient is injured or passes away due to alleged neglect or abuse. However, before signing such an agreement, it is important that families consider the disadvantages.
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Oklahoma Nursing Home Worker Charged in Patient’s Death
A nursing home worker has been charged in Beckham County in connection with the death of a 76-year-old nursing home patient. According to a news report in the Daily Elk Citian, the incident occurred in April 2012 at the Bell Avenue Nursing Center in Elk City. Investigators determined that the elderly patient was injured during the transfer from a bed to a wheelchair and suffered life threatening injuries.
The 28-year-old woman who was caring for the resident at the time was charged with one count each of second degree felony murder-neglect by a caretaker, abuse by a caretaker, neglect by a caretaker, concealing a crime and conspiracy to compound or conceal a crime. Another 33-year-old employee has also been charged with one count each of concealing a crime and conspiracy to compound or conceal a crime.
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Oklahoma Nursing Homes are Using Fewer Antipsychotic Drugs
New information released by the Centers for Medicare and Medicaid Services (CMS) shows that Oklahoma nursing homes are using less antipsychotic drugs. Studies also show that nursing homes are pursuing more patient-centered treatment for dementia and behavioral health care. Last year, CMS put out a call to nursing homes nationwide asking that they decrease the use of antipsychotic drugs prescribed to patients with dementia.
After a year of creating awareness in care facilities, CMS announced in late August that Oklahoma was among 11 states that reduced the use of antipsychotic drugs in nursing homes by 15 percent in 2013. Previously, Oklahoma had one of the highest rates of antipsychotic use in the nation. A year ago, about one-third of the state’s nursing homes had more than 30 percent of residents with dementia put on antipsychotic medication.
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Oklahoma Residents Demand Better Conditions in Nursing Homes
In a recent article published in Tulsa World, a member of the Oklahoma Silver Haired Legislature is calling on all Oklahoma residents to express their concerns about poor conditions in the state’s nursing homes. He specifically points out the recent “F” rating that Oklahoma received in a study conducted by the Families for Better Care. In that report, Oklahoma ranked 48th in the country for overall nursing home care.
Oklahoma received a low rating because of a number of factors including the ratio of qualified staff to the number of nursing home residents. Oklahoma currently has very low minimum staffing ratio requirements. Many Oklahoma facilities stop hiring staff members once they have met the minimum requirements and do not hire additional help to care for residents who need special attention. In the article, the writer calls for an increase in the statewide minimum staffing requirements.
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What Constitutes Neglect in Oklahoma Nursing Homes?
After carefully choosing an Oklahoma nursing home for your loved one, you expect that he or she will receive quality care at the facility. Unfortunately, there are a number of facilities that are understaffed or that have care workers who simply do not provide enough attention to each and every resident. Many nursing home residents require attention for important daily activities and may even need round-the-clock care.
Nursing home neglect can be as dangerous and harmful as abuse if it results in actual harm. Some residents, for example, require assistance to eat. If that patient is neglected, he or she may become malnourished or dehydrated. Many elderly residents are already in a fragile state. Not receiving enough nutrients to stay healthy can significantly affect them physically and emotionally.
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Oklahoma Lawmakers Call for Increased Nursing Home Oversight
House Speaker T.W. Shannon has rejected an interim legislative study to explore the improvement of Oklahoma nursing homes, and many legislators are not happy about his decision. According to a news report in The Associated Press, a number of lawmakers want more oversight of Oklahoma nursing homes because of the recent F grade that the state of Oklahoma received in a nursing home study conducted by a Florida-based advocacy group.
In that study, Oklahoma ranked last in the country with regard to the amount of daily professional nursing care the average resident receives. According to the report, the average Oklahoma nursing home resident only receives about 29 minutes of professional nursing care each day. Oklahoma ranked 48th in the country for overall nursing home care. It is not clear why the House Speaker rejected plans to study Oklahoma’s low ranking, but many lawmakers are clamoring for steps to be taken in order to protect Oklahoma’s elderly.
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Oklahoma Receives Failing Grade for Nursing Home Care
The Families for Better Care is a nonprofit elder advocacy group that recently reviewed and ranked nursing home care throughout the country. According to a CBS news report, the group used federal data regarding staffing, deficiencies, complaints and inspections in the nation’s nursing homes. In the study, 10 states received an A rating and 11 received an F. Oklahoma was one of the states that received a failing grade.
There are many determining factors that resulted in Oklahoma’s F rating. States that provided over an hour of professional nursing care to each resident received high ratings as did those that had a large number of experienced care workers on staff. States with nursing homes that had a high number of incident reports and complaints received low ratings. Many states received unfavorable grades, but unlike Oklahoma, managed to avoid an F rating. All Oklahoma residents should be concerned that our state is considered one of the worst in the country regarding how we treat the elderly in care facilities.
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Red Flags for Nursing Home Financial Abuse
When families think about abuse and neglect at Oklahoma nursing homes, they are most likely thinking of physical abuse and neglect. These are serious issues that often go underreported, but they are not the only threats to elderly patients. Many residents of Oklahoma nursing homes are at risk of being taken advantage of financially as well.
Financial abuse and exploitation is the illegal and unauthorized use of money or personal property. Examples of financial abuse that can occur at any Oklahoma nursing home include:
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