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Most people assume that as soon as a family member is moved into a nursing home, they will receive quality care, both safe and dignified. The shock of realizing that this has not happened, whether an injury occurs, a decline in health occurs, or your family member returns home differently than when he/she was admitted, can be overwhelming.Â
If you are considering filing a claim against a nursing home for negligence in Oklahoma, you have many others who are doing the same. You also have rights available to you. For over three decades at Edwards & Patterson, our attorneys have been aggressively advocating on behalf of those who are injured while living in long-term care facilities.Â
In this article, we will provide information regarding the most important items you should consider when determining if there may be a basis for filing a nursing home negligence claim. We will include the types of evidence that could indicate potential negligence by the facility. Finally, we will discuss possible settlement amounts that you may see based on the facts of your case.
539-295-4225Contact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.
Understanding Oklahoma Nursing Home Laws and Resident Rights
Federal and State Protections
At both the state and federal levels, nursing-home residents have legal protections. Federal Law, at least, is in place because of the Nursing Home Reform Act of 1987. This law creates minimum required care standards that Medicare and Medicaid-certified nursing homes must meet. In addition to establishing minimum required care standards, this law also establishes resident rights to include, but not be limited to, dignity, privacy, informed consent, and protection from abuse or neglect.
In addition to federal law, Oklahoma has additional protections in place for nursing home residents as defined by the Oklahoma Nursing Home Care Act (Title 63, O.S. § 1-1900 et seq.). The act includes staffing requirements, licensure standards, and identifies the rights of nursing home residents. The Adult Protective Services Act is another law that requires certain professionals to identify suspected abuse or neglect of vulnerable adults.
These laws provide actual enforceable rights. The problem is that many times nursing home facilities do not comply with these laws, and the residents’ rights may be violated, as they cannot advocate for themselves.
What Makes a Valid Negligence Claim
To successfully pursue an action for negligent care in a nursing home, four elements are commonly required to be proven:
- Duty of Care — The facility owes your family member a duty of providing quality, professional care. Typically, the Admission Agreement and the Law create this duty.
- Breach — The Facility failed to perform at the same level as a competent person. Perhaps due to understaffing, lack of training, or failure to respond to evidence that someone is experiencing difficulty.
- Causation — The breach resulted in damage. Cases become more difficult to prove when the facility claims that the damage was caused by some other condition prior to their actions. Medical documentation will have to support this claim.
- Damages — Your Family Member has suffered damages from the facility’s actions. Damages could include (but are not limited to) personal injury, emotional distress, medical expenses, or even wrongful death.
Mandatory Reporting and Who to Contact
If you suspect negligence or abuse, you don’t have to wait to hire a lawyer before reaching out to authorities. Here is information on where you can report this concern to the authorities.
- Oklahoma State Department of Health (OSDH): Licenses and monitors nursing homes. To file a complaint, call 405-426-8440 or go to OSDH’s Health Facility Complaint Portal.
- The Long Term Care Ombudsman Program: A program designed as an independent advocate for Nursing Home Residents. The contact number for the Oklahoma Ombudsman is 405-521-6734.
- Adult Protective Services (APS): APS deals with concerns regarding abuse, neglect, and/or exploitation of adults. Contact Adult Protective Services by calling 1-800-522-3511.
- Call 911 for emergency situations. If you feel your family member is in immediate danger, please don’t wait for the administrative process to complete before contacting authorities.
Related Article(s)
Suing for Negligence Without Injury: Your Legal Options Explained
Recognizing and Documenting Signs of Negligence or Abuse
Common Warning Signs
Some of the indicators of abuse and/or neglect may be quite evident; however, many of them can be easily explained by the facility. Therefore, some of the most common ways of identifying potential abuse/neglect include:
- The occurrence of injuries that cannot be explained: bruising/abrasions/fractures/wounds, etc.
- Bed sores (also known as pressure ulcers): especially Stage III & IV bed sores, indicating prolonged periods of time the facility has had the opportunity to take preventative measures to avoid such a condition.
- Malnutrition/dehydration: significant loss of body mass, skin dryness, sunken eyes, or verbal complaints from the individual regarding inadequate nutrition.
- Excessive use of medication causing excessive drowsiness/confusion/etc., or other behavioral changes occurring after a change in medication.
- Recurring falls, or falls resulting in serious injury while adequate safety/fall prevention procedures were in effect at the time of the incident.
- Individuals with dementia/cognitive impairments eloping (wandering) without supervision.
- Withdrawal/anxiety/fearful behaviors exhibited toward specific employees of the facility.
- Financial exploitation: undocumented/unusual changes to a resident’s estate, missing monies, etc.
How to Gather Evidence
Documentation is key in any negligence case. Documenting the care received by your loved one should begin as soon as possible.
Document the medical records: You can legally obtain all medical records for yourself or your family member. These include, but are not limited to: nursing notes, doctor’s orders, medication administration records, incident reports, etc.
Photographs & video: Document your loved ones’ injuries; their living conditions, including any environment that appears unusual. The time/date stamp on each item will help build evidence.
Daily journal: Record every interaction with nursing home employees/staff; every visit made to the resident/family; and every observation made about the residence. Record names, date/time of the interactions/visits/observations, and exactly what was communicated verbally.
When to Contact Authorities
If your loved one is in serious jeopardy, contact emergency services (call 911) immediately. However, for those situations where there is no emergency situation, you should file with both APS and OSDH as outlined above. This will provide an audit trail of events which can aid in your lawsuit and/or lead to an administrative/OSDH inspection that could expose other violations the home/facility has not disclosed.
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The Lawsuit Process: How to Sue a Nursing Home for Negligence in Oklahoma
Initial Consultation and Case Evaluation
The first step in our process is a conversation. At Edwards & Patterson, your first consultation is free. We will go over what occurred, examine the documents you have collected, and provide an honest evaluation of what we are dealing with. We would like to know about the time frame, the extent of the injury, who was involved, and how the facility responded.
Once this occurs, we begin to investigate. This involves obtaining records from all parties, talking to medical professionals, looking into the facility’s past inspections, and figuring out each potentially liable entity.
Filing the Complaint
Depending on the facts of the case, certain procedural requirements may apply before or when a lawsuit is filed. However, a family does not generally have to wait for an administrative complaint or investigation to be completed before pursuing a civil claim under Oklahoma’s Nursing Home Care Act. An attorney can help determine what deadlines, notices, filings, or evidentiary requirements apply to the specific case. If these requirements are not complied with, it could damage or delay your case; this is just one of many reasons why it’s important to have an experienced attorney involved early in your case.
Discovery and Evidence Gathering
Discovery is the initial phase of litigation that involves the parties formally exchanging information. The discovery process includes:
- Written interrogatory responses submitted by each party under oath.
- Document requests, including but not limited to a resident’s medical records, staffing logs, incident reports, training records, and state agency inspection reports regarding the facility.
- Depositions, which include sworn testimony from all relevant individuals, including, but not limited to, witnesses, nurses (and other direct care staff), administrative personnel, and experts.
Settlement Negotiations and Mediation
Most nursing home negligence claims are settled prior to a trial. The parties will engage in settlement discussions once they have concluded the discovery process (the gathering of evidence) and understand their own evidence as well as that of the opposing side. Many cases also go to mediation, a formalized procedure where a neutral third party facilitates a settlement by helping the parties to agree upon terms for settlement.
The amount of money which can be offered for settlement of a claim is based on many different factors including: the extent of the damages suffered by the plaintiff, how clearly liability has been established for the defendant, if there was a history of previous violations from the defendant, and what type(s) of insurance coverage were available to the defendant.
Trial and Verdict
If a fair resolution is not reached during the negotiation process, we are prepared to go to trial with this matter. This involves selecting a jury; giving an opening statement; presenting all of our evidence; having all of our experts testify as to their opinions; questioning each of the facility’s witnesses who will testify against us (cross-examining them); and then making final arguments to the jury. In addition to the fact that Oklahoma juries are very good at handing down large verdicts in nursing home cases, the possibility of going to trial also often prompts the facilities to agree to a better settlement than they may otherwise have agreed to.
Statute of Limitations — Don’t Wait Too Long
In Oklahoma, you generally have two years from when the negligence occurred (or when it is determined or discovered that there has been negligence) to file a personal injury lawsuit. Likewise, wrongful death claims also have a two-year statute of limitations. The statute of limitations runs from the date of death.Â
These deadlines are strict, and missing them can prevent a family from filing a claim. However, the exact deadline may depend on the facts, including when the harm was discovered, whether the resident passed away, who has legal authority to file, and whether other tolling rules apply. If you fail to comply with these statutes of limitation, you will very likely lose your right to sue. Do not allow time to expire while you are attempting to determine how to proceed; contact us.
Understanding Nursing Home Negligence Lawsuit Settlements in Oklahoma
What a Settlement Covers
A nursing home negligence settlement can include compensation for:
- Medical expenses — past and future costs of treating injuries caused by the negligence
- Pain and suffering — physical pain and emotional distress experienced by the resident
- Loss of enjoyment of life — the ways the harm changed what your loved one could do and experience
- Wrongful death damages — funeral expenses, loss of companionship, grief, and sorrow for surviving family members
- Punitive damages — available in cases of particularly reckless or malicious conduct
- Attorney fees — in some cases, under the Oklahoma Nursing Home Care Act
One important point: unlike some medical malpractice claims in Oklahoma, nursing home negligence cases are not subject to a statutory cap on non-economic damages. That distinction can make a real difference in the value of your case.
A nursing home negligence lawsuit may have many different types of monetary recovery as well. For example:
- Past and Future Medical Expenses – The cost of providing medical care to treat your loved one’s injuries that were caused by the neglect.
- Pain and Suffering – The actual physical pain and mental anguish experienced by the resident due to the neglect.
- Loss of Enjoyment of Life – Injuries caused by the abuse/ neglect will impact your loved one’s ability to perform daily activities and enjoy life experiences.
- Damages from Wrongful Death (Surviving Family Members) – Funeral expenses, Loss of Companionship, Grief and Sorrow.
- Punitive Damages – May be available in Oklahoma in limited cases where the evidence supports the standards in 23 O.S. § 9.1, including reckless disregard for the rights of others or intentional and malicious conduct. These damages require a higher burden of proof and are not available in every negligence case.
- Fees Paid to Attorney – In cases brought pursuant to the Oklahoma Nursing Home Care Act.
It is also worth noting that, unlike some medical malpractice lawsuits in Oklahoma, there is no statutory limit to “non-economic” damages awarded for nursing home abuse/neglect.
What Oklahoma Settlements Can Look Like
Settlements from Oklahoma Nursing Home cases can be very large, depending upon the facts; however, the settlement amounts below are a general idea as to what may be expected.
Injuries such as bad bed sores, bad infections, and traumatic falls have produced settlements ranging from $500,000 to $1.5 million. Catastrophic injuries (such as failing to timely diagnose and treat a brain hemorrhage) and/or deaths resulting from the nursing home’s neglect have produced settlements ranging from $2,000,000 to $3,000,000 or more. In those instances where there has been an abuse of regulatory requirements, corporate negligence, etc., the potential for recovery is significantly increased since these types of situations provide the possibility of punitive damages.
Again, no guarantee exists with regard to settlement possibilities. Each situation is unique; however, these examples demonstrate that substantial money may result when grossly negligent conduct results in severe injury.
Settlement values vary widely based on the severity of harm, strength of liability evidence, medical proof, prior facility violations, insurance coverage, and whether punitive damages may be supported. Severe injury and wrongful death cases may have substantial value, but no specific outcome can be predicted.
Settlements vs. Verdicts: Understanding the Difference
Settling a lawsuit provides finality. You will either receive the money that you were offered or be told why your claim was denied. By settling, you are generally able to resolve your lawsuit much faster than if you go to trial. If you choose to go to trial, there may be a higher potential for recovery (i.e., damages); however, you also run the risk of receiving no award at all.Â
Oklahoma has historically demonstrated a strong tendency to make nursing home corporations liable. For example, one federal jury returned a $1.2 million+ verdict against a nursing home corporation for an employee physically abusing one of its residents. In addition, in numerous instances, the total amount of the jury’s verdict has been significantly greater than the proposed settlement offer based upon the strength of the liability evidence.
How Attorneys Help Maximize Compensation
Experienced defense counsel for long-term care facilities (and their insurance carriers) continually attempt to minimize claims. Defense counsel spend their time attempting to minimize payment. The way this affects you is that when you hire an attorney who has experience defending long-term care facilities and/or insurance carriers.
- The attorney will be able to determine every potential defendant (facility operator, manager, property owner, etc.)
- Will understand how to use arbitration clauses (see our FAQs for more information about arbitration clauses)
- The attorney will retain appropriate expert witnesses to support your claim of liability and damages.
- The attorney will not settle your claim for less than what it is worth.
It should also be noted that some long-term care facilities do not have adequate liability coverage. Your attorney will seek to recover from every available source of recovery, including the corporation/parent entity.
Contact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.
Real Case Examples and Lessons Learned
ADD CONTENT FROM INTERVIEW
Preventing Nursing Home Negligence: Guidance for Families
Choosing the Right Facility
Before putting a loved one into a nursing home, research the facility:
- Use the CMS Care Compare tool available at medicare.gov/care-compare to view past inspection reports of the care facility. These reports will show you the rating of the facility based upon all inspections, the results of health inspections conducted by state or federal officials, the level of staffing at the facility, and various quality metrics.
- Find out what the nurse-to-resident staffing ratio for the facility is, but most importantly, ask about staffing during those times that are least staffed (i.e., nights and weekends).
- If possible, speak with family members of current residents. Speaking directly with families that have gone through this process can be very helpful.
- Inquire as to how the facility addresses complaints. If the facility becomes overly defensive concerning complaints, it may be an indication of some issues with their treatment of patients.
Staying Involved After Admission
Your involvement matters. Families who visit regularly, ask questions, and stay connected are harder to ignore. Some practical steps:
- Visit at different times of day, including evenings and weekends
- Build a relationship with the charge nurse on your loved one’s unit
- Ask to be included in care plan meetings
- Document any concerns in writing so there’s a record
- Consider an in-room camera if you have concerns about a specific situation, but do not install a camera without first confirming Oklahoma’s consent, roommate notice, signage, and facility-form requirements.
Your presence is important. Family members who frequently visit, ask questions, and remain connected become difficult for staff to ignore. A few practical suggestions include:
- Visiting at different hours (day and evening)
- Building a relationship with the charge nurse on your loved one’s unit
- Request to be included in the care plan meeting
- Write down any concerns so there is documentation.
- Consider purchasing an in-room camera if you want to monitor a specific situation or concern.
Advocacy Resources
- Oklahoma Long-Term Care Ombudsman: 405-521-6734
- Adult Protective Services: 1-800-522-3511
- Oklahoma State Department of Health Complaints: 405-426-8440
- CMS Care Compare (Nursing Home Ratings): medicare.gov/care-compare
Contact us today for your free & confidential case review. Our team will help you get the compensation that you deserve.
Frequently Asked Questions
Can you sue a nursing home for emotional abuse or financial exploitation?
Potentially, yes. Oklahoma law recognizes abuse, neglect, and exploitation, but whether a civil claim can be brought depends on the facts and available evidence. A civil case may be filed against a nursing home if there is evidence that emotional abuse was used (i.e., intimidation, humiliation, or isolation) against a resident. Additionally, a civil case with possible criminal prosecution may also be filed for financial exploitation by a staff member who manipulated a resident to change their will or stole from them. The case would have to include an expert forensic financial analyst and witnesses.
How is pain and suffering calculated in a nursing home negligence case?
While there is no set method or formula, attorneys and juries will typically evaluate the extent and duration of suffering, as well as the effect that the suffering had on the individual’s quality of life over the remainder of their lifetime. All relevant documentation, such as medical records, written or oral testimony from family/friends, and sometimes direct testimony from the injured party, can be used to establish the value of these damages.
What happens if the nursing home claims my loved one signed an arbitration agreement?
Arbitration agreements are found in the contracts for admission into a nursing home. The dispute is settled by a private arbitrator (not in court). Arbitration agreements have been extremely contentious, and judges have become increasingly critical of arbitration agreements, especially those signed by a confused new resident or by a family member who did not have legal authority to waive their rights as a resident.Â
Whether the agreement can be enforced depends upon how it was signed, whether the signer had the authority to agree to arbitrate, and the wording of the agreement. We’ve successfully argued against the enforcement of arbitration agreements and taken action in court. Do not assume this is an end to your options — speak with an attorney before you do anything.
Can punitive damages be awarded in nursing home negligence cases?
The State of Oklahoma awards punitive damages if the defendant was reckless as to the rights of others or acted with intentional malice. Punitive damages are usually most often sought by plaintiffs in nursing home cases when there is proof that the defendant has shown a violation of patient care in a repetitive manner, the corporation decided to lower costs while putting patients at risk, or intentionally concealed from those who would report the harm to the authorities. Evidence required is higher than compensatory damages; however, it may increase the amount recovered by the plaintiff in the right case.
Why Choose Edwards & Patterson Law?
In addition to being the place where we work as lawyers, Oklahoma is home to Edwards & Patterson. Founded by Tony Edwards and Matt Patterson in 2015, Edwards & Patterson was created to be an Oklahoma law firm providing aggressive, thorough representation for injured Oklahoman residents and to treat each client like part of their community.Â
With over 50 years of combined experience among its team of attorneys, Edwards & Patterson has represented seriously injured individuals and families who have lost loved ones (wrongful deaths) across the state of Oklahoma in various types of personal injury lawsuits, including nursing home abuse/elderly exploitation and elder neglect cases.Â
Edwards & Patterson attorneys include Super Lawyer selections, American Association for Justice (AAJ) membership, America’s Top 100 Attorneys designations, and 40 Under 40 awards.Â
Because we have three office locations in Tulsa, McAlester, and Oklahoma City, you will not need to drive a long distance to speak with one of our experienced attorneys. Here is what you should expect when working with Edwards & Patterson:
- A complimentary, private consultation to evaluate your potential claim with NO obligations on your part
- Ongoing truthful communication regarding the merits of your case, as well as reasonable expectations
- Payment of fees and expenses ONLY if we succeed in recovering compensation on your behalf; our fee structure does NOT require payment from your wallet/pocket
- A team committed to conducting an exhaustive investigation of your case, refusing to back down when dealing with insurance company intimidation
- Availability and access to your attorney at all times (not simply through a ‘case number’)
Every case is different, and past results do not guarantee a similar outcome.
Last updated Wednesday, July 1st, 2026
