Oklahoma Personal Injury Legal Blog
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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Woman Injured After Falling Asleep at the Wheel
A woman was injured in a Pawnee County car crash after allegedly falling asleep at the wheel. According to a News9 report, the accident occurred on US 64 south of Cleveland, Oklahoma. Officials say the 28-year-old driver fell asleep while driving her 1993 Honda. Her car ran off the roadway, struck the guardrail, rolled and flipped. She suffered multiple internal and external injuries including trauma to her head, trunk, arm and leg. The authorities stated that she was sleepy in their official report.
This Oklahoma auto accident is an important reminder about the dangers of fatigued driving. These types of accidents are tragically common, and they often result in serious or fatal injuries. According to the National Highway Traffic Safety Administration (NHTSA), there are about 100,000 police-reported accidents each year in the United States that are directly attributed to driver fatigue. These crashes result in about 1,550 deaths and 71,000 injuries annually.
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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 City Police Chase Causes Injuries
Four people were injured in an Oklahoma crash involving a drunk driver evading police in a stolen car. According to a News OK news report, the police chase and car accident occurred in southwest Oklahoma City. Officials say the driver of a stolen car crashed into a vehicle injuring three people. The driver continued on and crashed into another vehicle near SW 104 and Western Avenue. None of the injuries were life threatening. The driver has been charged with driving under the influence (DUI) and unauthorized use of a motor vehicle.
The consequences of drunk driving can be catastrophic or even fatal. According to Oklahoma Statute 47-67-761: “Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol, or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions,” is driving under the influence.
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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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Bicyclist Killed in Oklahoma City DUI Crash
A father of three children was killed in an Oklahoma City car accident when a suspected drunk driver struck his bicycle. According to a News 9 report, the fatal crash occurred on N.W. 10th Street in Oklahoma City. Officials say the bicyclist was riding in a lane of traffic with lights on his bicycle when the car struck him. The 37-year-old driver allegedly smelled of alcohol, failed a sobriety test, and was booked on charges of first-degree manslaughter and driving under the influence of alcohol.
Drivers who negligently cause a fatal collision in Oklahoma can face vehicular manslaughter charges. According to Oklahoma Statute 11-903: “When the death of any person ensues within one (1) year as a proximate result of injury received by the driving of any vehicle by any person in reckless disregard of the safety of others, the person so operating such vehicle shall be guilty of negligent homicide.” Individuals convicted of negligent homicide in Oklahoma can face up to a year of incarceration and a fine of $1,000.
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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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Driver Injured in Oklahoma City Hit-and-Run Accident
A driver was injured in an Oklahoma car accident involving a vehicle that failed to remain at the scene of the crash. According to a News9 report, the hit-and-run accident occurred near Britton Road and Shartel Avenue in northwest Oklahoma City. Officials say the hit-and-run driver crashed head-on into the victim’s vehicle. The victim was transported to a nearby hospital with unknown injuries after being freed by the Jaws of Life. Officials believe that alcohol was a contributing factor in the crash. The driver has not been found.
Drivers, who are involved in an accident that resulted in a physical injury or property damage, are required to remain at the crash site, offer assistance, and notify the authorities. Oklahoma Statute 47-10-102 specifically deals with accidents that resulted in a nonfatal injury. The law states: “The driver of any vehicle involved in an accident resulting in a nonfatal injury to any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident.”
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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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Ray Maples Receives Superior Martindale-Hubbell Rating
Oklahoma personal injury lawyer L. Ray Maples, II has received superior ratings both from his clients and peers on the most prestigious attorney rating service, Martindale- Hubbell. Maples was given a 4.9 out of 5 rating by his peers and a 5.0 out of 5.0 perfect rating by his clients in the areas of personal injury, products liability, and nursing home abuse and neglect.
Martindale-Hubbell’s Peer Review Ratings, according to its web site, are “an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and judiciary in the United States and Canada.” Peer reviewers are asked to evaluate a lawyer’s general ethical standards and legal ability in a specific area of practice. Peers award a rating based on a lawyer’s legal knowledge, analytical capabilities, judgment, communication ability, and legal experience.
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