When a loved one enters a senior living or memory care facility, families hope they’re doing the right thing, keeping them safe, supervised, and supported. But when something feels off, or worse, someone is hurt or passes away, families are often left asking:
What are my rights?
Is this normal… or is this neglect?
Can I sue? Do I qualify?
This guide breaks it all down — what to watch for, when to take action, and how wrongful death and negligence cases work.
Part 1: Warning Signs of Neglect in Senior Living or Memory Care
Whether you’re touring a facility or visiting a loved one, the following signs may indicate inadequate care, neglect, or mismanagement:
1. Unexplained Injuries
- Bruises, cuts, or broken bones without a clear explanation
- Injuries blamed on “falling” but no record or witness
- Repeated incidents within short time spans
2. Sudden Health Decline
- Dehydration, weight loss, bedsores, or poor hygiene
- Missed medications or wrong dosages
- Undiagnosed infections or worsening of chronic conditions
3. Wandering or Elopement
- Residents found outside or in unsafe areas
- Alarms on doors not functioning
- “Locked” memory care units with easy exit points
4. Lack of Communication
- Staff avoid questions or give vague answers
- Medical emergencies are not reported promptly
- You feel “in the dark” about daily care or incidents
5. Staffing Problems
- High turnover or visibly stressed staff
- Care plans not followed because “we’re short today”
- Basic needs like meals or toileting are delayed
6. Emotional or Behavioral Changes
- Loved one seems withdrawn, fearful, or confused
- Sudden personality shifts not explained by their condition
- Unwillingness to speak in front of staff
Part 2: What Can You Sue For in a Senior Care Negligence Case?
You may have a legal claim if any of the following occurred due to facility action or inaction:
- Injury due to lack of supervision or assistance
- Preventable fall or elopement
- Incorrect medication administration
- Medical neglect or failure to treat a condition
- Negligent hiring or training of staff
- Failure to follow a resident’s care plan
- Injury or death due to environmental hazards (like unlocked doors or broken equipment)
- Failure to respond to distress or medical emergencies
- Wrongful death due to cumulative negligence or one critical failure
Can I Sue for Neglect or Injury Before a Death Happens?
Yes. You can sue for elder neglect, abuse, or injury even if the resident is still alive.
Common pre-death lawsuits include:
- Personal injury due to neglect
- Emotional or physical abuse
- Medical malpractice
- Breach of contract (when the facility fails to provide promised services)
How Long Do You Have to File a Claim?
In most states, including Oklahoma:
- Wrongful death claims must be filed within 2 years from the date of death.
- Personal injury or elder abuse claims (before death) typically follow a 2-year statute as well but the clock starts when the incident is discovered, not necessarily when it occurred.
Important: Always check with an attorney right away, because deadlines can vary based on the type of facility (private, public, hospital-affiliated) and whether a state agency is involved.
Who Can File a Lawsuit?
In wrongful death or elder neglect cases, the following people may have legal standing:
- Spouse or legal partner
- Adult children or other heirs
- Legal guardian or power of attorney
- Executor of the estate
An attorney can help confirm eligibility.
What If the Problem Started Before They Moved In?
Yes, you can also take legal action based on negligent intake or misrepresentation before admission, including:
- Lying about staffing levels or services provided
- Accepting residents they are not equipped to care for
- Failing to perform a proper health assessment
- Ignoring known medical or cognitive needs during placement
If a facility misleads you to get someone through the door and that leads to injury, decline, or death then you may have a valid claim.
What To Do If You Suspect Negligence
If something feels wrong, act quickly:
- Document everything. Dates, names, photos, medical notes, and staff interactions.
- Request records. Ask for care logs, incident reports, med lists, and internal notes.
- Talk to other families. They may be noticing similar issues.
- Report the facility. You can contact your state’s Long-Term Care Ombudsman or Health Department.
- Call a lawyer. They’ll tell you right away if you have a case — and how to protect your rights.
Need Help? Let’s Talk.
At Smolen Law, we represent families who placed their trust in senior living facilities — and were failed by the very system meant to protect them. If you believe your loved one was harmed due to negligence, abuse, or lack of care, we’re here to help you get answers and accountability.
Contact:
📞 (918) 777-4529
📧 don@smolen.law
🌐 www.smolen.law
