Aurora Nursing Home Abuse Lawyer

When families entrust the care of their loved ones to a nursing home, they expect them to be treated with dignity and respect. Unfortunately, nursing home abuse remains a significant issue, affecting countless elderly residents across the country, including in Aurora, Colorado.

The aftermath of such abuse can be devastating, physically, emotionally, and financially. Seeking the assistance of a knowledgeable and compassionate nursing home abuse lawyer is essential to hold abusers accountable and ensure that victims receive the justice they deserve.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and fair compensation for those impacted by nursing home abuse. Our skilled legal team has a strong history of managing these sensitive cases and securing favorable settlements and verdicts.

We conduct detailed investigations to ensure that all aspects of abuse are accounted for, from medical costs to emotional distress and other related damages. Leveraging our extensive knowledge in handling nursing home abuse claims, we approach each case with determination, ensuring your rights are fully protected.

We are committed to offering compassionate and clear guidance throughout the legal process so you and your loved ones remain informed, reassured, and supported at every stage.

Types of Cases Handled by Our Aurora Nursing Home Abuse Lawyers

Nursing home abuse occurs when a caregiver or facility intentionally harms or neglects a resident. Our Aurora nursing home abuse lawyers handle various types of cases, each involving severe forms of mistreatment.

Physical Abuse

Physical abuse involves any form of bodily harm, such as hitting, slapping, or pushing. It may also include the improper use of restraints, either physical or chemical, which can leave victims with bruises, broken bones, or even life-threatening injuries.

Mental and Emotional Abuse

This form of mistreatment often involves verbal harassment, threats, or isolation, which can lead to depression, anxiety, and other mental health issues.

Sexual Abuse

Sexual abuse refers to any non-consensual sexual contact or activity forced upon a nursing home resident. This harassment can include inappropriate touching or sexual assault. These violations can leave both physical and emotional scars, profoundly affecting the victim’s well-being.

Medical Malpractice

Medical malpractice in nursing homes occurs when inadequate care leads to preventable injuries or health complications. Common examples include the development of bedsores due to improper repositioning, medication errors that cause adverse health effects, or neglecting medical needs.

Negligence

Negligence involves the failure to provide basic care, which can lead to harm such as poor hygiene, malnutrition, dehydration, or elopement (when a resident wanders away unsupervised).

Financial Abuse

Financial abuse is a growing concern in nursing homes, where staff or others may take advantage of vulnerable residents to exploit their finances. This exploitation could involve theft, fraudulent charges, or manipulation to access a resident’s funds.

Wrongful Death

In the most tragic cases, nursing home abuse can result in the death of a resident. When this occurs, surviving family members may file a wrongful death claim to seek compensation and justice for their loved one’s untimely passing.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents and are designed to ensure their safety, dignity, and quality of care.

The Nursing Home Reform Act of 1987 is a key federal law protecting residents. This law requires nursing homes to provide services that maintain or improve the resident’s physical and mental well-being. 

It establishes essential rights such as the right to be free from abuse, neglect, and exploitation and the right to receive proper medical care, social services, and accommodations in a safe environment.

State laws in Colorado provide additional protections for nursing home residents. The Colorado Department of Public Health and Environment oversees nursing home regulations, ensuring that facilities comply with standards regarding resident care and safety. These regulations emphasize the resident’s right to be treated with respect and receive adequate supervision and healthcare.

When nursing home abuse or neglect occurs, various parties have the right to file a claim. This includes:

• The abused resident, if they are mentally capable;
• A family member acting on behalf of an incapacitated resident;
• A legal guardian or power of attorney representative;
• In cases of wrongful death, surviving family members may also file a claim.

Liability in Nursing Home Abuse and Neglect Cases 

In nursing home abuse and neglect cases, liability can extend beyond just the individual caregiver. Depending on the circumstances, multiple parties may be held responsible for the harm caused to a resident. Examples include:

Caregivers or Staff Members

Individual caregivers or staff members who commit physical, emotional, or financial abuse can be directly liable for their actions. For instance, a caregiver who physically harms a resident through improper use of restraints would be responsible for the resulting injuries.

Nursing Home Facility

The nursing home facility may be liable if it fails to provide adequate staffing, training, or supervision. For example, if understaffing leads to neglect, the facility can be held accountable for not ensuring enough caregivers to meet residents’ needs.

Administration and Management

Nursing home administrators and managers may also be liable if they knowingly allowed unsafe conditions or failed to address reports of abuse. For instance, if management ignored complaints of neglect and allowed the abuse to continue, they could be held accountable for their inaction.

Third-Party Contractors

In some cases, third-party contractors, such as medical professionals or service providers working within the facility, may be liable for negligence or abuse. For example, a physician who fails to treat a resident’s bedsores properly may be liable for medical malpractice.

How Our Aurora Nursing Home Abuse Attorneys Can Help

Our legal team at the Nursing Home Law Center is experienced in handling various nursing home abuse cases. We offer a full range of legal services to protect your loved one’s rights and secure the compensation they deserve.

Free Case Evaluation

We begin with a no-cost consultation to discuss your concerns and evaluate whether you have a viable claim. This step allows you to explore your legal options without financial pressure.

Case Investigation

Our attorneys will thoroughly investigate the circumstances surrounding the abuse, collecting evidence such as medical records, witness statements, and facility reports. We leave no stone unturned in building a strong case for you.

Filing the Claim

Once we have the necessary information, we will file the claim on your behalf, ensuring that all paperwork is completed accurately and filed within the legal deadlines.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiations, where we work to secure fair compensation for your loved one’s suffering. If a settlement cannot be reached, we are fully prepared to take the case to trial.

Trial if Needed

Should the case proceed to court, our experienced trial lawyers will represent you, advocating for your loved one’s rights and fighting for maximum compensation.

Common Signs of Elder Abuse Among Nursing Home Residents 

Out of the 86 Medicare-approved nursing homes in Aurora, Colorado, 36 facilities (41.9%) have an overall score of below average or much below average. When looking at health inspections, 42 nursing homes (48.8%) rated poorly. 28 facilities (32.6%) fell short in staffing, and 13 nursing homes (15.1%) received low scores in quality measures. [1]

Some of the worst-rated nursing homes in Aurora, CO, include:

Recognizing the signs of nursing home abuse is critical to protecting your loved one. Common signs include:

• Unexplained injuries, such as bruises or broken bones;
• Sudden weight loss or malnutrition;
• Poor hygiene or unsanitary living conditions;
• Changes in mood or behavior, such as withdrawal or depression;
• Bedsores or other signs of neglect;
• Financial discrepancies or missing personal belongings.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse, it is essential to act quickly. Here are the steps you should take:

• Call 911 if there is immediate danger to your loved one’s health or safety.
• Report the abuse to the nursing home administrator or management team. It is their responsibility to investigate any allegations of abuse or neglect.
• File a complaint with your local Ombudsman’s office, an independent resource investigating complaints and advocating for nursing home residents.
• Contact a nursing home abuse lawyer to discuss your legal options and begin the process of seeking justice for your loved one.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse may be entitled to compensation for a variety of damages, including:

• Economic damages: Compensation for medical expenses, such as hospital bills and rehabilitation costs.
• Non-economic damages: Compensation for emotional distress, pain and suffering, and loss of quality of life.
• Punitive damages: Additional compensation meant to punish the facility or caregiver for particularly egregious or reckless behavior.

The Cost of Hiring an Aurora Nursing Home Abuse Lawyer

At Nursing Home Law Center, we operate on a contingency fee basis. This limit means you pay nothing upfront and will only be charged legal fees if we successfully recover compensation on your behalf. This arrangement allows families to pursue justice without worrying about financial strain.

You Have Limited Time to Take Legal Action in Aurora, Colorado 

Colorado law allows victims or their families two years from the date of the abuse or discovery of the abuse to file a personal injury or wrongful death claim. Failing to act within this timeframe may result in losing the right to pursue compensation, so it is crucial to contact a nursing home abuse lawyer as soon as possible to ensure your case is filed within the legal deadlines.

Contact an Aurora Nursing Home Abuse Attorney Today!

If your loved one has been the victim of nursing home abuse, the experienced lawyers at Nursing Home Law Center are here to help. With our proven track record of success in nursing home abuse cases, we are prepared to fight for your family’s rights and ensure that justice is served. Contact us today for a free case evaluation and take the first step toward protecting your loved one.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare