Oklahoma

• 2 years with Discovery Rule. (Okla. Stat. Ann. Title 12, §95)
• Medical malpractice – 2 years with Discovery Rule. An action brought more than 3 years from the date of injury is limited to past and future actual medical and surgical expenses regarding the injury. In the case of a minor under age twelve, the parent or guardian must bring suit on behalf of the minor within seven years after the malpractice. If the minor was injured at age twelve or older, plaintiff has until one year after turning eighteen to file suit. (Okla. Stat. Ann. Title 76, §18; Okla. Stat. Ann. Title 12, §96)

• Punitive damages are limited to $100,000; in the case of intentional and malicious acts, punitive damages are limited to the greater of $500,000 or two times compensatory damages. (Okla. Stat. Ann. Title 23, §9.1)

• 2 years from time of death. (Okla. Stat. Ann. Title 12, §1053)

• None.

• Oklahoma State Department of Health
• Aging Services Division
• Long Term Care Programs
• Family Support Services Division, Adult Protective Services

• Protective Services for Vulnerable Adults Act – (Okla. Stat. Title 43a, §§10-101 – 110)

• Nursing Home Staff Does Nothing To Stop Known Molester From Assaulting Disabled Woman

A female resident at the Grace Living Center in Edmond, OK  was recently assaulted by another resident with a known history of molesting other patients.  According to reports, the victim was admitted to the nursing home only 14 hours prior to the incident.  Making the matter worse is that the victim was disabled from a medical condition and it impossible for her to defend herself from the attacker.

The nursing home staff waited for orders from a supervisor before removing the disabled woman from the dangerous situation.  After the woman was removed from the area she received medical treatment for various injuries and bleeding. 

• Does Pulling Medicare Funding From Under-performing Nursing Homes Help Residents?

Its a fine line between ordering an under performing nursing home to close its doors versus giving the facility an opportunity to improve.  Many of the 'under-performing' facilities are responsible for caring for some of the most challenging residents--those that other facilities are incapable or simply refuse to care for.  In the end, resident safety needs to preempt all other factors when making a determination as to a facilities future.

Case in point, Whispering Pines Nursing Nursing Center-- which has lost its Medicare and Medicaid funding-- effectively forcing the facility to close its doors.  The decision to pull federal funding was due to serious deficiencies relating to patient safety discovered during inspections of the facility. 

• New Nursing Home To Be Built For Sex Offenders

Ever think where many of the violent criminals crowding our jail system will go when they are done serving their sentence? Unfortunately, many convicted felons will spend their senior years in a nursing home intermixed with the general population.  For many convicts, their mingling with other senior in a non-restrictive environment is their first exposure to freedom.  

• Nursing Home Crimes Go Unreported

In order for authorities to prosecute people charged with committing crimes they must have evidence.  In some cases authorities can rely on physical evidence to prove their case.  The most effective evidence comes in the form of testimony from crime victims- the people who can describe what happened to them and what the perpetrator looked or might have said.

What happens if the victim is unable to testify?  Unfortunately, the chances of the assailant walking free increase substantially.  Further, when a crime occurs within the confines of a nursing home or long-term care facility has little incentive to report the crime to authorities.

• Nursing Home Fined For Failing To Provide Condoms To HIV Residents

The Oklahoma Health Department has fined theWhispering Pines Nursing Center for multiple instances of nursing home abuse and neglect.  Among the allegations, the nursing home was cited for:

• Forcing a patient into a shower while fully clothed
• Failing to investigate complaints of physical abuse among residents
• Failing to provide adequate training to nursing home staff
• Failing to provide condoms to sexually active HIV positive nursing home residents