Nursing Home Abuse and Negligence

Thousands of elderly Americans suffer from neglect and abuse in nursing homes each year. Even facilities that don’t intend harm can indirectly cause injury through negligent behaviors such as understaffed facilities or improperly trained personnel. When nursing homes put profits over people and fail to ensure that residents receive the level of care they deserve, you must take immediate action with experienced Denver personal injury lawyers to prosecute those responsible for their suffering.

What Constitutes a Nursing Home?

Nursing homes are living residences that provide various health and personal care services to elderly people. Nursing homes provide services such as:

• Full-time nursing care
• Rehabilitation treatments
• 24-hour monitoring
• Room and board 
• Assistance with daily tasks 

Nursing homes have full-time medical staff and many of the same medical equipment as hospitals, allowing them to provide equal treatment outside of the hospital. A nursing home may be the best option for a loved one who needs support for their health and daily care. Nursing home residents are vulnerable people, so it can be heartbreaking to learn that they're not receiving the care they need.

What is Nursing Home Abuse and Neglect?

Nursing home abuse and neglect refer to the intentional or unintentional harm inflicted upon elderly or vulnerable individuals residing in nursing homes or assisted living facilities. This harm can manifest in various forms, including physical, emotional, or financial abuse, and can result from the actions or inactions of nursing home staff, administrators, or even other residents. Physical abuse might involve hitting or pushing, while emotional abuse could include verbal harassment or isolation. Sexual abuse, a particularly egregious form, involves any non-consensual sexual interaction. Financial exploitation occurs when a resident’s financial resources are misused or stolen. Neglect, on the other hand, happens when the basic needs of a nursing home resident, such as food, hygiene, or medical care, are not adequately met. Recognizing these forms of abuse and neglect is crucial in protecting the well-being of nursing home residents.

Common Forms of Elder Abuse and Neglect in Denver

Nursing home abuse and neglect can be caused by various factors, depending on the nursing home in question and the quality of its care staff and management. Some of the most frequent types of elder abuse come in the form of:

Sexual Abuse

Sexual abuse, which is defined as any form of non-consensual sexual interaction, is a form of mistreatment that is commonly unreported and underinvestigated. Any form of sexual contact with a person who cannot give consent is also considered sexual abuse. This exploitation may come in the form of physical touching or inappropriate verbal harassment. It may occur between a staff member and a resident or when staff ignores mistreatment between residents. Sexual abuse can lead to catastrophic injuries that have long-lasting impacts on victims.

Slips, Trips, and Falls

As a person ages, they become more prone to slipping and falling and more susceptible to becoming injured from falls. As a result, federal and state regulations require nursing facilities to constantly evaluate a senior's risk level for falling and provide adequate precautions and protections. 

It’s crucial that you and your loved one ask the nursing home management staff about their fall prevention practices. Aging may not be escapable, but the risks that come with aging can be managed, and environmental factors that increase the risk of nursing home falls can be addressed. If your elderly loved one suffers a fall, it could be a sign of neglect. Perhaps the staff didn’t properly assess their risk of falling or take protective measures. A fall can result in a catastrophic injury, necessitating legal action to secure compensation.

Medication Errors

Medication errors are one of the most common forms of elder neglect. Medication-related neglect has surpassed Alzheimer's disease and diabetes as the third greatest cause of death in the United States. It includes any mistake in the prescribing, dispensing, or administering of a drug. Common causes of medication errors include:

• Ineffective prescribing 
• Sloppy handwriting
• Misleading packaging 
• Inaccurate dispensing 
• manufacturing difficulties

These kinds of errors can occur in any healthcare setting, but they’re prevalent in nursing homes. Such errors can lead to a personal injury case to seek compensation for the harm caused.

Pressure Sores

Pressure sores can be a major problem in nursing facilities. These wounds can cost thousands of dollars to treat and even increase a resident's risk of death. For these reasons, federal regulations mandate that nursing homes regularly assess patients for pressure sore risks and implement preventive care plans to mitigate them. Failure to do so may be grounds for a negligence claim.

Signs and Types of Nursing Home Abuse and Neglect

There are several signs and types of nursing home abuse and neglect that family members and loved ones should be vigilant about. Physical abuse may present as unexplained bruises, cuts, or broken bones. Emotional abuse can be identified through changes in behavior, such as withdrawal, depression, or agitation. Sexual abuse might be indicated by unexplained injuries or infections in sensitive areas. Financial exploitation often involves unauthorized use of a resident’s financial resources, such as sudden changes in bank account balances or missing personal belongings. Neglect can be seen in poor hygiene, malnutrition, dehydration, or untreated medical conditions. Being aware of these signs can help family members take timely action to protect their loved ones from further harm.

Reporting Nursing Home Abuse and Neglect

If you suspect that a loved one is being abused or neglected in a nursing home, it is essential to report your concerns to the appropriate authorities. Start by contacting the nursing home administration or staff to address the issue directly. If the response is unsatisfactory, report the situation to the Colorado Department of Public Health and Environment, which oversees nursing home regulations. You can also file a complaint with the Board of Examiners of Nursing Home Administrators. Additionally, seeking the advice of a Denver personal injury attorney specializing in nursing home abuse and neglect cases can provide you with legal guidance and support. Taking these steps ensures that the abuse or neglect is investigated and addressed promptly.

Essential Resources for Addressing Nursing Home Abuse in Colorado

Nursing home abuse is a distressing and alarming issue that affects vulnerable elderly individuals in Colorado. It is crucial to be well-informed with the help of a Denver nursing home abuse and negligence lawyer, about the available resources and steps to take if you suspect or encounter nursing home abuse, such as:

• Colorado Department of Public Health and Environment (CDPHE): The CDPHE is the primary state agency responsible for regulating and overseeing nursing homes in Colorado. They investigate complaints and incidents of abuse, neglect, and exploitation in nursing homes.
• Adult Protective Services (APS): APS is a state agency that assists adults aged 18 and older who are at risk of abuse, neglect, or exploitation. If you suspect nursing home abuse, you can contact APS to report your concerns.
• Colorado Long-Term Care Ombudsman Program: This program advocates for the rights and well-being of residents in long-term care facilities, including nursing homes. They offer a confidential and independent resource for addressing concerns and complaints. 
• Legal Assistance: If nursing home abuse is suspected, seeking legal assistance is crucial. Consulting with a Denver nursing home abuse and negligence attorney who specializes in elder law or nursing home abuse can help you understand your rights and options. 
• Local Law Enforcement: In cases of immediate danger or severe abuse, contacting local law enforcement is essential. They can conduct investigations, ensure the safety of the resident, and take appropriate legal action against the abuser.
• Support Groups and Counseling: Dealing with nursing home abuse can be emotionally challenging for both the victim and their loved ones. Consider joining support groups or seeking counseling to cope with the emotional impact.

Addressing nursing home abuse in Colorado requires a proactive and informed approach. By utilizing the resources mentioned above, you can take steps to protect the well-being and rights of elderly residents in nursing homes.

You Can Protect Your Loved Ones with a Nursing Home Abuse or Negligence Claim

Sometimes it’s not enough to research facilities and take tours of their grounds. Despite our best intentions, our elderly loved ones could still be subjected to neglect and abuse. The elderly are a vulnerable population who need the love and care of others to stay safe. By filing a claim against the nursing home responsible for their care, you are holding the facility accountable and deterring further mistreatment from occurring. A personal injury law firm can provide the expertise and support needed to file a successful claim.

What Types of Compensation Can Be Recovered?

In a nursing home abuse and neglect lawsuit, several types of compensation may be recovered to address the harm suffered by the resident. Medical expenses, both past and future, related to the abuse or neglect can be claimed. Compensation for pain and suffering acknowledges the physical and emotional harm endured. Loss of enjoyment of life addresses the impact on the resident’s quality of life. Emotional distress compensation is available for both the resident and their loved ones. In some cases, punitive damages may be awarded to punish the nursing home for its wrongdoing and deter future misconduct. Consulting with a Denver personal injury attorney specializing in nursing home abuse and neglect cases is essential to determine the best course of action and the potential compensation that may be recovered.

Contact Denver Nursing Home Abuse and Negligence Lawyers at Mintz Law Firm

Our elderly population deserves the best care and treatment during their golden years, but it's often difficult for residents to speak out and stand up for their rights. Whether your loved one has been injured due to sexual abuse, medication errors, or dangerous conditions, our Denver nursing home abuse and negligence attorneys are here to give them a voice and fight for their rights. 

The Denver nursing home abuse and negligence attorneys at Mintz Law Firm are well-versed in Colorado nursing home negligence and abuse law and have handled numerous elder abuse cases. After examining the facts of your case, we’ll work tirelessly to obtain justice for you and your loved one as well as fair compensation for their suffering. Call (303) 462-2999 or fill out our contact form today for a free consultation.