When families make the difficult decision to place a loved one in a nursing home, they trust that their relative will receive compassionate, professional care. Unfortunately, that trust is sometimes broken. Negligence in nursing homes can lead to severe injuries and, in the worst cases, wrongful death. Understanding your legal options under Oklahoma law can help you seek justice and prevent future harm to others.
At Koller Baker & Associates, we are committed to protecting the rights of families who have lost loved ones due to wrongful death in nursing homes. If you suspect negligence played a role in your loved one’s passing, our team is here to help you uncover the truth and hold the responsible parties accountable.
What Constitutes Nursing Home Negligence?
Nursing home negligence occurs when a facility or its staff fails to meet the standard of care expected in the medical or caregiving field. Common examples of negligence in Oklahoma nursing homes include:
- Failure to monitor patients properly
- Delayed medical attention
- Medication errors
- Unsanitary conditions
- Malnutrition or dehydration
- Inadequate staff training or supervision
Negligence can quickly turn dangerous in vulnerable populations like the elderly. A seemingly minor oversight, like failing to check on a patient after a fall, can have fatal consequences.
When Negligence Leads to Wrongful Death
A wrongful death occurs when someone dies due to the careless or intentional actions of another person or entity. In a nursing home setting, this could mean death from:
- Untreated infections
- Bedsores left to worsen
- Undiagnosed illnesses
- Falls due to lack of supervision or faulty equipment
- Physical or sexual abuse
Not all deaths in nursing homes are wrongful, but if the death was preventable with proper care, it may qualify as a wrongful death under Oklahoma law.
Who Can File a Wrongful Death Lawsuit?
In Oklahoma, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. The damages recovered benefit surviving family members, which may include:
- Spouse
- Children
- Parents
- Next of kin
If a representative hasn’t been appointed, the court can do so. A wrongful death lawsuit is separate from any criminal charges and focuses on financial and emotional losses suffered by the family.
Damages Available in a Nursing Home Wrongful Death Case
Families who lose a loved one due to nursing home negligence may be entitled to damages such as:
- Medical bills leading up to the death
- Funeral and burial costs
- Loss of companionship or guidance
- Pain and suffering of the deceased
- Mental anguish of surviving family members
Unlike some other forms of legal action, wrongful death claims allow for more comprehensive compensation for the total impact of the loss.
Signs That Negligence May Have Occurred
It’s not always easy to recognize nursing home negligence. In many cases, facilities may try to conceal or downplay what happened. Some red flags that may point to negligence include:
- Sudden or unexplained death
- Inconsistent or vague reports from staff
- Signs of malnutrition or dehydration
- Bedsores or untreated infections
- A history of previous complaints or violations
If something doesn’t feel right, trust your instincts and seek legal counsel immediately.
Statute of Limitations in Oklahoma
The statute of limitations for filing a wrongful death lawsuit in Oklahoma is two years from the date of the person’s death. If you wait too long, you may lose your legal right to file a claim. That’s why it’s important to speak with an attorney as soon as possible to preserve your rights and begin gathering evidence.
Contact Koller Baker & Associates Today
If you suspect your loved one’s death was caused by nursing home negligence, you don’t have to go through this alone. At Koller Baker & Associates, we understand how devastating these situations can be, and we’re here to help you pursue justice and closure.
Our legal team will investigate the circumstances, hold negligent parties accountable, and seek full compensation for your family’s loss. Contact us today for a confidential consultation with a trusted Oklahoma wrongful death attorney.
