Denver Nursing Home Abuse and Neglect
As our loved ones age, it may become necessary to place them in a nursing home facility to ensure their healthcare needs are taken care of. Unfortunately, many elderly individuals are vulnerable while they live in these facilities, falling victim to serious abuse or neglect at the hands of those hired to take care of them.
If your loved one has been injured in a Colorado nursing home facility due to the neglect or abuse of nursing home staff members, it is necessary to contact an experienced Denver nursing home abuse attorney as soon as possible. These attorneys carefully examine the facts of your case to determine whether elder abuse or neglect occurred, and, if so, work hard to ensure your family is compensated adequately for the damages you have suffered.
Colorado Nursing Home Abuse Information Center
Nursing Home Abuse Claims in Denver
Although nursing home abuse or neglect occurs in many different situations, some of the most common scenarios that lead to abuse or neglect claims include:
- Nursing Home Abuse — Nursing home abuse generally occurs when a caregiver or nursing home staff member intentionally inflicts pain or harm on a nursing home resident. Residents of a nursing home are typically elderly or disabled and are unable to defend against the abuse or report it to others. Nursing home abuse can involve any form of abuse, such as physical abuse, emotional abuse, sexual abuse, psychological abuse, or financial exploitation.
- Nursing Home Neglect — Nursing home negligence generally occurs when a caregiver, nurse, or nursing home staff member fails to provide proper care to a nursing home resident. Warning signs of abuse or neglect include:
- Bed sores
- Broken bones
- Soiled clothing
- Weight loss
- Physical injuries
- Nursing home neglect may be caused by any of the following:
- A nursing home employee’s failure to assist a resident with eating or drinking;
- A nursing home employee’s failure to assist a resident with using the bathroom when the resident is unable to go by himself;
- A nursing home employee’s failure to assist a resident with physical therapy or participation in general activities at the nursing home;
- A nursing home employee’s failure to bathe a resident;
- A nursing home employee’s failure to move or reposition a resident who is incapable of moving independently; and/or
- A nursing home employee’s failure to respond to calls or requests for assistance.
Family members who notice warning signs of nursing home abuse should meet with the nursing home facility as soon as possible to address their concerns. If the issues continue, it may be necessary to take legal action.
Colorado Lawsuits for Nursing Home Neglect
It is very important to contact a Denver personal injury lawyer as soon as possible if your loved one or family member was injured while living in a nursing home. Even if you are not certain that abuse or neglect occurred, it is wise to have an attorney review your loved one’s medical records and files to ensure his or her safety and wellbeing.
In every type of legal case, there is a deadline that limits how long a claimant has to file a claim. This deadline is called the statute of limitations. In a nursing home abuse or neglect case, a claimant has two years to file a lawsuit. If a claimant waits longer than two years to pursue a claim, that claimant may be forever barred from recovering damages from the care facility.
In order to prevail in a negligence lawsuit and recover damages for your loved one’s nursing home abuse or neglect claim in Denver, your attorney must establish three facts:
- The nursing home owed your loved one or family member a duty;
- This duty was breached due to the defendant’s negligence; and
- As a direct result of the breach, your loved one was injured (or, in a wrongful death claim, was killed).
All nursing home facilities, long-term care facilities, assisted living facilities, and other such establishments have a duty to provide residents with the care that they need to remain as healthy as possible. When these facilities fail to provide their residents with proper care, they may be found liable in a personal injury claim.
Common types of damages that are sought in a nursing home abuse or neglect claim include:
- Medical bills, including the cost of future care that may be needed
- Pain and suffering
- Emotional distress
- Wrongful death damages
Other types of damages may also be available, depending on the facts of the case and the extent of the mistreatment the resident suffered. Your Denver nursing home abuse attorney will ensure that all avenues of recovery are pursued.
There are many different types of evidence that may be submitted in a nursing home negligence claim. When you meet with your attorney, you should provide any and all of the following:
- Medical records
- Medical bills
- Nursing home records and logs
- Photographs of any injuries
- Statements from the nursing home resident
- Names of any potential witnesses
You may not possess all of the evidence needed to prevail in your case. However, your attorney is able to request additional evidence as needed from the nursing home facility and other important parties or witnesses. For example, your attorney may take a deposition or may request documents from a party or witness.
Colorado Resources for Nursing Home Abuse
Nursing Homes | Colorado.gov — This section of the Colorado Department of Public Health and Environment website provides several links to additional information about nursing homes. You can learn more about consumer resources, provider resources, and certain committees. There is also further reading on bed safety, how to file a complaint against a nursing home, and standard protocols for infectious diseases.
Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246 (303) 692-2000
Board of Examiners of Nursing Home Administrators — This division of the Colorado Department of Regulatory Agencies (DORA) is responsible for oversight and regulation of nursing homes in the Centennial State. On this website, you can learn more about laws, rules, and policies. You can also file a complaint and find information relating to mandatory reporting of elder abuse or exploitation.
Board of Examiners of Nursing Home Administrators 1560 Broadway Suite 1350 Denver, CO 80202 (303) 894-2988
Law Office of Jennifer L. Donaldson | Nursing Home Neglect Attorney in Denver
Was your loved one severely injured or killed by the negligence of a Colorado nursing home? Denver personal injury attorney Jennifer Donaldson may be able to take legal action on your behalf to obtain compensation for your losses.
The Law Office of Jennifer L. Donaldson serves families all over Arapahoe County, Jefferson County, Boulder County, Adams County, and Denver County. We will provide a complete free case evaluation during your consultation when you call (720) 487-1354 or submit an online form today.