How Nursing Homes Can Be Held Liable for Assault by Caregivers 

There are several ways nursing homes can be liable for assault by caregivers. Families place their loved ones in nursing homes with the expectation that they will be safe, respected, and cared for. Unfortunately, cases of abuse do occur, and when a caregiver assaults a resident, the nursing home itself may be held legally responsible. Understanding when and how liability applies in Oklahoma can help families protect their loved ones and seek justice if abuse happens.

Nursing Home’s Duty of Care

Under Oklahoma law, nursing homes owe a duty of care to their residents. This means they must:

• Provide a safe and secure environment.
• Hire qualified and properly trained staff.
• Supervise employees to prevent misconduct.
• Take reasonable steps to protect residents from harm.

When a caregiver assaults a resident, the nursing home may be liable if it failed in one or more of these duties.

Ways a Nursing Home May Be Liable

1. Negligent Hiring or Retention
   • If the nursing home hired a caregiver with a history of violence, abuse, or criminal behavior, it may be liable for failing to screen properly.
   • Similarly, if a caregiver showed warning signs of misconduct but the facility kept them employed, liability may arise.
2. Negligent Training or Supervision
   • Nursing homes must train staff in patient care, communication, and abuse prevention.
   • Failure to supervise employees or enforce policies can make the facility responsible when abuse occurs.
3. Failure to Provide Adequate Security
   • Facilities must have policies and safeguards to protect residents, including monitoring systems and reporting procedures.
   • Ignoring complaints or failing to investigate suspicions of abuse can create liability.
4. Vicarious Liability (Employer Responsibility)
   • Under the legal doctrine of respondeat superior, an employer may be responsible for wrongful acts committed by its employees during the scope of their employment.

Signs of Abuse in Nursing Homes

Families should remain alert to potential signs of caregiver assault, which may include:

• Unexplained bruises, cuts, or injuries.
• Sudden changes in mood or withdrawal from social interaction.
• Fearfulness around certain staff members.
• Poor hygiene or neglect of medical needs.

Legal Remedies for Victims

If a caregiver assaults a nursing home resident, the victim and their family may pursue:

• Civil lawsuits for damages, including medical expenses, pain and suffering, and emotional distress.
• Punitive damages if the nursing home’s conduct was reckless or grossly negligent.
• Criminal charges against the caregiver, which may proceed alongside civil action.

Why Legal Representation Matters

These cases are complex and often involve corporate defense teams representing nursing homes. An experienced attorney can:

• Investigate the abuse and gather evidence.
• Hold both the caregiver and the facility accountable.
• Protect the victim’s rights and pursue fair compensation.

Because of the severity of their actions, it’s important to hold nursing homes liable for assault, and we can help.

Tulsa Nursing Home Abuse Lawyers

If you suspect that a loved one has been assaulted by a caregiver in a nursing home, do not wait to act. Protecting vulnerable residents requires immediate attention. To discuss your options, contact the Tulsa nursing home abuse lawyers at Kania Law Office by calling us at (918)–743-2233 or online.