Oklahoma Nursing Home Abuse: Frequently Asked Questions

In Oklahoma, most nursing home negligence claims must be filed within two years. For an injury claim, that period generally runs from the date of injury, for example the date of a fall that causes a fracture. For a wrongful death claim, that period generally runs from the date of death.

But there are exceptions, and the deadline can run differently depending on the facts, including whether a government-run facility is involved. Do not assume you are out of time, and do not assume you have plenty of it. Call and let us check the dates.

Several factors determine who can, or should, bring a claim in Oklahoma.

An injury claim may be brought by the resident, or if they are incapacitated, by their guardian or power of attorney.

A wrongful death claim can be brought by the personal representative of the deceased person's estate, or by the next of kin as determined by statute, on behalf of the surviving family. That is often a spouse or an adult child, but it is a formal legal role.

We do not handle probate issues ourselves, but we can help determine whether your situation is better served with a personal representative and help you get that started.

Many Oklahoma facilities include an arbitration agreement in the stack of paperwork families sign at admission. First, and most importantly, an arbitration agreement does not take away your right to bring a claim. It just means your claim, or some of your claims, will be brought before an arbitrator instead of a judge.

Second, the arbitration agreement generally applies only to claims the resident themselves would have, not to separate claims immediate family members may have if a loved one dies because of the facility's negligence.

Bring the admission paperwork to your consultation. We will read it and tell you honestly where you stand.

Oklahoma nursing homes are not required to carry liability insurance. That surprises most families, and it is worth knowing early.

Insurance does not determine whether you have a case, and it does not determine what a case is worth. What it affects is collectability, meaning how much you could actually expect to recover even after winning a large verdict.

In our experience, facilities that look poor on paper often belong to well-funded corporate groups, where the profits are held by related companies. We've studied the industry and know the common structures. If the money is there, we can help trace it between related entities.

A facility telling you it has no insurance is a reason to investigate, not a reason to let a claim go.

Medicare has a website that rates certified nursing homes from one to five stars. No system is perfect, and it helps to know what goes into that number.

If you look at health inspection ratings for Oklahoma facilities, you should know you are seeing how they rate against other Oklahoma homes, not against facilities nationally.

Staffing is what determines whether someone answers a call light, turns a bed-bound resident, or notices a change overnight. These numbers come from the facilities' own payroll data, submitted to CMS every quarter. Care Compare uses them to calculate how much nursing time each resident receives per day. In Oklahoma, that averages about 3 hours and 47 minutes per resident, over a full 24 hours. Think about what that means in practice: 3 hours and 47 minutes to feed a resident, clean them up, dress them, shower them, give medications, transfer them to and from a bed or chair, turn and reposition them to prevent bed sores, and chart all of it.

A rating is a place to start asking questions, not a verdict on the care your loved one received.

More of this is public than most families expect. The Oklahoma State Department of Health publishes a detailed ownership list for licensed facilities every quarter. Medicare's Care Compare site publishes basic ownership information for every certified nursing home. Oklahoma Secretary of State filings show which entities are registered here and who stands behind them. We start at the top of the ownership chain and work our way down.