Yes. Under Oklahoma law, you can sue a nursing home when a resident develops bedsores (pressure ulcers) because of neglect. The Oklahoma Nursing Home Care Act makes a facility's owner and licensee liable for negligent acts or omissions that injure a resident, and it allows recovery of damages plus attorney fees. In most cases, you have two years from the date of injury to file. Serious bedsores, including Stage 3, Stage 4, and ulcers that become infected, are rarely unavoidable. They are one of the most well-documented signs of nursing home neglect, and they are almost always preventable when staff follow proper protocols.
Not always, but they usually warrant investigation. Bedsores (also called pressure ulcers, pressure injuries, or decubitus ulcers) form when a resident is left in one position so long that blood flow to the skin is cut off. Federal regulations require every certified nursing facility to ensure that residents do not develop pressure ulcers unless they were clinically unavoidable, and that any existing ulcer receives treatment to promote healing and prevent infection (42 C.F.R. § 483.25(b)).
Basic prevention is not complicated: repositioning immobile residents on a regular schedule, keeping skin clean and dry, providing adequate nutrition and hydration, and using pressure-relieving mattresses and cushions for high-risk residents. When a facility is properly staffed and follows its own care plan, most serious bedsores never develop. A Stage 3 or Stage 4 ulcer where the wound extends into fat, muscle, or bone is strong evidence that routine care was not delivered.
Two layers of law protect Oklahoma residents:
Ordinary negligence and, in fatal cases, Oklahoma's wrongful death statute also apply alongside the Act.
Two years. Oklahoma's general statute of limitations for personal-injury claims is two years from the date the claim accrues (12 O.S. § 95(A)(3)). If the resident died from bedsore complications such as sepsis, a wrongful death claim must generally be filed within two years of the date of death (12 O.S. § 1053).
Two years passes quickly in these cases. Medical records must be requested, wound photographs and staffing records preserved, and experts consulted before filing. If you suspect neglect, do not wait for the facility's own investigation. Talk to an attorney early so evidence is preserved.
More common than most families realize. We analyzed the federal government's own inspection data, the CMS Care Compare provider file and health-deficiency file (August 2026 data release), for all 283 Medicare- and Medicaid-certified nursing facilities in Oklahoma. Here is what the records show:
Before choosing a facility, or if you already suspect neglect, look up the facility's inspection history on Medicare Care Compare. Every citation listed there is a public document your attorney can obtain in full.
Statistics compiled by the Law Offices of Jeff Martin from CMS Care Compare public data, August 2026 release. Updated monthly.
Every case is different, and no attorney can promise a result. But three features of Oklahoma law matter for valuation:
Typical recoverable damages include hospital and wound-care costs, surgical debridement, pain and suffering, disfigurement, and, in fatal cases, wrongful death damages for the family.
We review the medical records and the facility's inspection history at no cost to you. Tell us what happened, or call (918) 728-8888.
Stage 3 and Stage 4 ulcers, and any ulcer that becomes infected, deserve immediate legal review. They rarely develop when a care plan is actually followed.
Possibly, but it takes a close look at the admission paperwork. The Oklahoma Nursing Home Care Act voids any waiver of a resident's right to bring an action or to a jury trial (63 O.S. § 1-1939(D), (E)). In Thompson v. Heartway Corp., 2025 OK 65, the Oklahoma Supreme Court held that the Federal Arbitration Act preempts that prohibition where the agreement expressly states the FAA governs and the facility's operations involve interstate commerce, and it overruled the older Bruner decision to the extent that case held nursing home admission contracts do not involve interstate commerce.
The analysis does not stop there. The court limited its ruling, noting that Bruner still controls where the transaction is purely local and neither the FAA nor interstate commerce is implicated, so the language of the specific agreement matters. An arbitration clause can also be challenged on ordinary contract grounds, including whether the person who signed actually held valid power of attorney authority at the time. Two justices wrote separately in Thompson to make clear the decision does not address whether an arbitration agreement binds wrongful death beneficiaries who never signed one, which can matter a great deal when a resident has died.
Federal rules add another layer. A facility that participates in Medicare or Medicaid cannot require an arbitration agreement as a condition of admission, and it must explain the agreement in a form the resident or representative understands.
Bring the entire admission packet to your consultation, including any power of attorney paperwork, so an attorney can evaluate whether the clause holds up in your parent's case.
The Nursing Home Care Act applies to licensed nursing facilities, but a hospital-acquired pressure ulcer may still support a medical negligence claim under Oklahoma law. The two-year deadline still applies.
No, but Medicare, Medicaid, or other payers may assert a lien on part of the recovery for medical costs they paid. An experienced attorney negotiates these liens as part of the settlement.
Nothing up front. The Law Offices of Jeff Martin handles nursing home neglect cases on a contingency fee, so you pay attorney fees only if we recover for you. Consultations are free: call (918) 728-8888.
Not necessarily. A wrongful death claim can generally be filed within two years of the date of death, and the estate may also hold claims for what the resident suffered before death. Time matters, and records get harder to obtain as time passes.
