Denver Nursing Home Abuse Lawyer

Nursing home abuse is a serious issue affecting many elderly residents in Denver, Colorado. When families entrust the care of their loved ones to nursing homes, they expect these facilities to provide a safe and nurturing environment. Unfortunately, this trust is sometimes violated when nursing homes fail to meet basic standards of care, leading to abuse and neglect.

Taking legal action is an essential step in protecting the rights of elderly residents and ensuring that those responsible for abuse and neglect are held accountable. A skilled Denver nursing home lawyer can help families navigate the legal process, file a nursing home abuse lawsuit, and fight for the fair compensation that victims deserve.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to achieving justice and securing compensation for victims of nursing home abuse. Our legal team has extensive experience handling such cases with sensitivity and has successfully obtained significant settlements and verdicts.

We carry out detailed investigations to cover all aspects of the abuse, from medical bills and emotional trauma to other damages. Our deep knowledge of nursing home abuse claims allows us to effectively manage the complexities of nursing home settings and tirelessly defend your rights.

We offer compassionate, transparent support throughout the process, ensuring you and your loved ones feel informed, secure, and empowered at every stage.

Types of Cases Handled by Our Denver Nursing Home Abuse Lawyers

Nursing home abuse involves any intentional harm or neglect inflicted on elderly residents by caregivers, staff, or other individuals within a care facility. This mistreatment can take many forms, each of which can have severe physical, emotional, and financial impacts on the victims.

Physical Abuse

Physical abuse in nursing homes includes any action that causes bodily harm to a resident, such as hitting, slapping, or pushing. For example, a resident may suffer physical abuse if a staff member uses excessive force to control their movements or restrains them unnecessarily.

Mental and Emotional Abuse

Mental and emotional abuse occurs when a resident is subjected to verbal threats, humiliation, or other forms of psychological torment. For instance, if caregivers constantly belittle or intimidate a resident, it can lead to a drastic decline in the resident’s mental well-being, making them feel isolated and fearful.

Sexual Abuse

Sexual abuse involves any non-consensual sexual contact with a resident. Such abuse is a grave violation of the resident’s dignity and rights, often resulting in deep psychological and physical harm. Signs of sexual abuse may include severe injuries, changes in behavior, or sexually transmitted infections.

Medical Malpractice

Medical malpractice in nursing homes includes errors and omissions in medical care. Bedsores, for example, often develop when residents are not moved regularly, leading to painful and potentially life-threatening infections. Medication errors, which can include administering the wrong drug or dosage, may have severe or fatal consequences.

Negligence

Negligence occurs when nursing home staff fail to provide the standard of care necessary to ensure a resident’s well-being. This neglect can include poor hygiene, malnutrition, dehydration, or elopement (when a resident wanders away from the facility unsupervised).

Financial Abuse

Financial abuse involves the exploitation of a resident’s financial resources, such as stealing money, forging signatures, or coercing the resident into changing financial documents.

Wrongful Death

Wrongful death occurs when a resident dies as a result of abuse, neglect, or medical malpractice within a nursing home. In such tragic cases, the family may pursue a wrongful death claim to seek justice and compensation for their loss.

Understanding Your Legal Rights

Nursing home residents are protected by federal and state laws designed to ensure their safety, dignity, and well-being.

The Nursing Home Reform Act of 1987 is a fundamental federal law that mandates nursing homes provide care that maintains or improves each resident’s quality of life. It guarantees residents the right to be free from abuse, neglect, and exploitation. This law also ensures adequate staffing, proper medical care, and the right for residents to voice grievances without fear of retaliation.

In Colorado, nursing home residents receive additional protections under state laws overseen by the Colorado Department of Public Health and Environment. These regulations require nursing homes to meet strict licensing standards and ensure residents receive appropriate care in a safe environment. 

Colorado law mandates the reporting of any incidents of abuse, neglect, or exploitation to authorities, including Adult Protective Services. Residents also have the right to be informed of their rights upon admission, to participate in care decisions, and to live in a safe, clean, and comfortable environment.

Eligibility to File an Elder Abuse Claim 

If a nursing home resident’s rights are violated through abuse, neglect, or other forms of mistreatment, a legal claim can be filed to seek justice and compensation. The resident can file the claim themselves, or it can be filed by a legally appointed guardian or a designated family member if the resident cannot act on their behalf due to physical or mental incapacity. 

In cases where the resident has passed away due to wrongful death, the surviving family members may file wrongful death claims.

Liability in Nursing Home Neglect and Abuse Cases 

In cases of nursing home abuse and neglect, liability can extend beyond the individual staff members directly responsible for the mistreatment.

• Nursing Home Facility: The nursing home facility can be held liable if the abuse or neglect is a result of systemic issues, such as inadequate staffing, poor training, or failure to implement proper safety protocols.
• Management and Administrators: Management and administrators may also be liable if they fail to properly supervise staff, ignore complaints, or address known issues contributing to abuse or neglect.
• Staff Members: Individual staff members who directly engage in abusive or neglectful behavior are typically liable for their actions. This includes nurses, aides, or any other employees who act abusively or negligently toward residents.
• Third-Party Contractors: Third-party contractors, such as outside medical professionals or service providers, can be held liable if their actions contribute to a resident’s abuse or neglect.

How Our Denver Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced Denver nursing home abuse attorneys are dedicated to advocating for the rights of the elderly population who have suffered abuse or neglect. With a proven track record in handling complex nursing home abuse cases, we understand the challenges families face and are committed to providing the legal support needed to seek justice.

Free Case Evaluation

We begin by offering a free consultation to understand the specifics of your situation. During this consultation, we will listen to your concerns, review any evidence you have, and provide an honest assessment of your case.

Case Investigation

Our legal team conducts a thorough case investigation to gather all necessary evidence to prove nursing home neglect and abuse. This step includes reviewing medical records, interviewing witnesses, examining the nursing home’s policies and practices, and consulting with elder care experts.

Filing the Claim

Once we have gathered sufficient evidence, we will file the claim against the responsible parties. Our attorneys will handle all aspects of the legal paperwork, ensuring that your claim is filed correctly and within the required time limits.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiation. Our attorneys are skilled negotiators who will advocate for your best interests and seek a fair and just settlement that covers all damages.

Trial If Needed

Our attorneys are fully prepared to take your case to trial if a fair settlement cannot be reached. We have extensive courtroom experience and will fight for your rights, ensuring those responsible are held accountable.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Denver, CO, there are 90 Medicare-certified long-term care facilities. 37 nursing homes (41%) have an overall score considered below or much below average. 44 assisted living facilities (49%) fail to comply with state and federal health regulations, and there are 27 understaffed facilities (30%). Additionally, 13 long-term care facilities (14%) rated poorly in quality measures. [1]

Some of the worst-rated nursing homes in Denver include:

Elder abuse in nursing homes can manifest in various ways, and being aware of the signs is crucial for protecting vulnerable residents. Here are some common indicators of abuse, along with examples that can help you identify if your loved one may be suffering:

• Unexplained Injuries: One of the most apparent signs of physical abuse is unexplained injuries such as bruises, cuts, fractures, or burns.
• Behavioral Changes: If a resident who was previously sociable and happy becomes withdrawn, fearful, or unusually anxious, they may be experiencing verbal threats, harassment, or other forms of psychological abuse.
• Poor Hygiene and Unkempt Appearance: If your loved one is consistently dirty or has matted hair, it may indicate that staff members are neglecting their basic care needs, such as bathing or grooming.
• Weight Loss and Malnutrition: If your loved one appears noticeably thinner or constantly hungry, it could mean they are not receiving adequate nutrition or proper care.
• Fearfulness Around Staff Members: If a resident shows fearfulness around certain staff members, such as flinching when a caregiver approaches or becoming visibly distressed in their presence, it may suggest that that staff member has abused them.
• Bedsores and Untreated Medical Conditions: Bedsores (pressure ulcers) or untreated medical conditions can be signs of neglect.
• Missing Personal Belongings or Unexplained Financial Activity: If a resident’s belongings go missing or there’s an unexplained activity in their financial accounts, such as large withdrawals or changes to legal documents like wills, it may indicate financial exploitation.
• Frequent Infections or Hospitalizations: If a resident continually suffers from repeated infections or other preventable conditions, it may indicate that they are not receiving adequate care or medical attention.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is experiencing nursing home abuse, it’s crucial to take immediate action. Here’s a step-by-step guide on what to do:

Call 911 if Immediate Danger is Present

If your loved one is in immediate danger or has suffered serious harm, call 911 right away. Emergency services can provide medical attention and ensure your loved one’s safety.

Report to the Nursing Home Administrator or Management

Inform the nursing home administrator or management about your concerns. They are required to investigate the situation and take corrective actions to protect the residents. Ensure that your report is documented, and ask for a written response outlining the steps they will take.

File a Complaint with Your Local Ombudsman’s Office

The local Ombudsman’s office advocates for nursing home residents. Report any concerns to them to initiate an independent review. The Ombudsman will investigate complaints, mediate disputes, and protect the resident’s rights.

Contact a Nursing Home Abuse Lawyer

Consulting with an experienced nursing home abuse lawyer is essential to protect your loved one’s rights and pursue legal action if necessary. A lawyer can guide you through the legal process, help gather evidence, and file a nursing home abuse claim to hold the responsible parties and facility accountable.

Damages You Can Recover Through a Nursing Home Abuse Claim

In a nursing home abuse claim, victims can recover several types of damages:

• Economic Damages: These cover quantifiable financial losses, such as medical expenses, rehabilitation costs, and lost personal belongings.
• Non-economic Damages: These compensate for non-financial harms, including pain and suffering, emotional distress, and loss of quality of life.
• Punitive Damages: These are awarded in cases of particularly egregious or intentional abuse to punish the wrongdoer and deter similar conduct in the future.

The Cost of Hiring a Denver Nursing Home Abuse Lawyer

At Nursing Home Law Center, we work on a contingency fee basis for nursing home abuse cases, meaning you don’t have to worry about paying any upfront legal fees. We only get paid if we successfully secure compensation for you through a settlement or verdict. 

This approach allows you to pursue justice and maximum compensation for your loved one without financial risk, ensuring that you can focus on the well-being of your family while we handle the legal process.

You Have Limited Time to Take Legal Action in Denver

In Denver, there is a limited window of time to file a nursing home abuse lawsuit, known as the statute of limitations. In Colorado, the statute of limitations for filing a nursing home abuse claim is generally two years from the date of the nursing home abuse injuries or when it was reasonably discovered. 

This time frame is critical—missing the deadline can result in losing the right to pursue legal action and seek compensation. To protect your loved one’s rights and secure justice, consult with a Denver nursing home abuse lawyer as soon as possible to avoid missing this deadline.

Contact a Denver Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our Denver nursing home abuse attorneys have an extensive track record advocating for the rights of elderly residents who have suffered from abuse or neglect. 

With a proven track record of securing significant settlements and verdicts, we are dedicated to holding negligent nursing homes accountable and ensuring victims receive the justice and compensation they deserve.

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

References: [1] Medicare