Nursing Home Abuse Lawyers in Colorado
Table of Contents
ToggleSeeing signs of nursing home abuse and neglect in a situation where you have entrusted a loved one to a nursing home is devastating, but you have options. If the nursing home isn’t giving you answers, consult with nursing home abuse lawyers in Colorado. You can always contact Flaxman Law Group at 970-999-0530 for a consultation with one of our attorneys if a loved one is in danger. We can explain whether you might have a legal claim that could allow you to seek justice.
What Is Nursing Home Abuse?
Nursing home abuse refers to any intentional or negligent act that causes harm to a resident in a nursing home, assisted living facility, or long-term care setting. Elderly individuals who reside in these facilities often rely on staff for their daily needs, including medical care, personal hygiene, mobility assistance, and emotional support. When these basic needs aren’t met or when residents are wilfully harmed, this can not only be a criminal case but it can also lead to a civil claim.
What Are the Signs of Elder Abuse?
Nursing home abuse and neglect can result in a wide range of injuries, including:
- Bruises, cuts, and contusions caused by physical assault or by negligent care that leads to falls.
- Broken bones.
- Pain or difficulty moving.
- Swelling or tenderness in specific injury areas.
- Physical deformities under the skin, which can indicate a fracture.
- Bedsores, also known as pressure ulcers, which occur when a resident is left in one position for too long without being moved.
- Redness, swelling, or open wounds on the skin.
- Sudden weight loss.
- Poor grooming or body odor
- Lack of adequate clothes for the weather.
- Confusion, dizziness, or lethargy.
- Sexually transmitted infections.
- Any unexplained injuries, especially in situations where injuries happen often.
- Memory loss, difficulty speaking or understanding language.
- Headaches, dizziness, or nausea.
- Changes in behavior.
- Sudden decline.
- Sudden withdrawal.
- Changes in personality or interests.
- Sudden concern over finances.
- Difficulty swallowing.
- Coughing or gagging while eating.
- Wheezing, labored breathing, or other signs of illness.
Keep in mind that seeing some of these signs doesn’t necessarily mean that abuse is taking place, but it may indicate that you may need to investigate further and ask questions. Visiting loved ones in nursing homes often and keeping communication open can help you notice if something seems wrong.
Common Types of Abuse & Neglect
The most common type of abuse and neglect happens when nursing home staff neglect or willfully injure residents. This is especially likely to happen in workplaces that are understaffed, where proper vetting doesn’t happen. When there are fewer workers, residents don’t get the care they need. High turnover and poor working conditions can also make it harder to recruit the best staff, so facilities may be less likely to look for red flags, such as previous accusations of harm.
In some cases, though, it is other residents who harm and abuse fellow residents. This can happen in cases where residents suffer from some conditions that can make them act aggressively or erratically. It can also happen when abusive individuals are placed in a nursing home alongside a vulnerable population. In this situation, it is the facility’s responsibility to supervise residents and separate or remove anyone who is a danger to other residents.
Common Forms of Neglect & Injuries
Every case of abuse is unique, but the following are the most common forms of harm. It’s important to note that in many cases, abuse and neglect can involve more than one form of harm. For example, a nursing home resident may be neglected but also emotionally and physically abused.
Physical Abuse
Physical abuse involves the use of force to cause injury or pain to a nursing home resident. This can include hitting, slapping, pushing, burning, or restraining a resident inappropriately.
Physical abuse can lead to bruises, broken bones, cuts, or more severe injuries. In many cases, it escalates, with the abuser inflicting more serious injuries. In extreme situations, physical abuse can lead to head injuries and other harm that can prove fatal. Victims of physical abuse may become fearful of their abuser and try to hide their injuries, making it harder to detect.
Emotional Abuse
This abuse involves verbal threats, intimidation, humiliation, or isolation. Common examples include shouting at the resident, insulting them, or threatening to abandon them. This type of abuse can be difficult to recognize because there may be no visible physical signs.
Even when there is no physical harm, emotional abuse can lead to anxiety, depression, withdrawal, and a decline in a resident’s overall mental health. In many cases, emotional abuse happens alongside other forms of harm.
Sexual Abuse
Sexual abuse involves any unwanted sexual contact or behavior directed at a nursing home resident. This can include inappropriate touching, sexual assault, or coercion.
Sexual abuse is a traumatic and serious violation, and it can cause long-term emotional and physical harm. Victims may suffer bruises and physician injury during the abuse, and this can take a long time to heal. In addition, victims may get sexually transmitted infections and may suffer from emotional trauma as a result of the abuse.
Financial Abuse
Financial abuse happens when someone in a position of trust, such as a caregiver, family member, or staff member, steals or exploits a resident’s financial resources. This can include stealing money, forging checks, pressuring the resident to change their will or surrender their savings. It can also mean forcing an elderly person to sign over assets or Power of Attorney, allowing the perpetrator to gain control over a person’s estate.
Financial abuse can leave elderly residents financially vulnerable and struggling to meet their needs.
Neglect
Neglect occurs when a caregiver fails to meet a resident’s basic needs, including proper medical care, nutrition, hygiene, and safety. While neglect may not involve malicious intent, it can still have severe consequences.
Examples of neglect include failing to provide adequate food, water, or medication, not assisting with personal hygiene, or leaving the resident in a dangerous or unsupervised situation. For example, it can mean leaving a resident alone in the shower, where they can slip and fall. It can also involve failing to provide a resident with heating in the winter and air conditioning in the summer.
Prolonged neglect can lead to physical, emotional, and health deterioration. A neglected resident may suffer from bed sores from not moving enough. These sores can become infected and can harm tissue and skin. Neglected residents may also become dehydrated and malnourished. Lack of medical attention can lead to health complications.
Medical Abuse
Medical abuse or medical malpractice involves the improper administration of medication, failure to provide necessary medical treatment, or the misuse of medical equipment. This can also include failure to monitor a resident’s condition, leading to preventable illnesses, injuries, or complications. Another common type of medical abuse is oversedation. This is where residents are unnecessarily given sedation to keep them compliant.
If medical staff or caregivers fail to provide the appropriate level of care, a resident’s manageable condition can become life-threatening. For example, if a resident has diabetes and doesn’t get their insulin, they can slip into a coma and pass away.
What Damages Can You Recover in a Nursing Home Abuse Case?
In Colorado, victims of nursing home abuse or neglect may be entitled to compensation for medical bills, pain and suffering, emotional distress, and other damages. Holding the responsible parties accountable can also help protect other victims by shining a light on the abuse.
How much you can recover in a nursing home abuse or neglect case will depend on several factors, including the type of abuse, the severity of the harm, and the losses. Consult with nursing home abuse lawyers in Colorado if your family member has been the victim of abuse. Lawyers can help you understand whether you have a claim—and how much you can seek in compensation.
How Can Nursing Home Abuse Attorneys Help Victims?
Nursing home abuse lawyers in Colorado are your allies when abuse has taken place. In these situations, it’s not uncommon for nursing homes to deny all wrongdoing, so one of the first steps an attorney will take is to conduct a thorough investigation. Your lawyer will have the resources to:
- Interview witnesses, including residents, staff members, and other individuals who may have observed the mistreatment.
- Gather and review evidence, such as medical records, surveillance footage, incident reports, and witness statements.
- Work with experts, such as medical professionals, who can evaluate the condition of the victim and provide insight into how abuse or neglect may have contributed to their injuries.
In addition lawyers will consider all liable parties, including caregivers, medical professionals, administrators, or even the facility itself. An attorney can help identify the responsible individuals and file a claim against them.
Your attorney will file a claim on your behalf, if that’s what you decide to do. Your lawyer will take care of all paperwork and filings and will negotiate with the nursing home’s insurance company or legal representatives to seek a fair settlement. If a fair settlement cannot be reached, your attorney will be prepared to take your case to court. In court, your attorney will present the strongest possible case, to give you and your family the best chance at a fair verdict.
What Should You Do if You Suspect Elder Abuse?
If you suspect that a loved one is being abused in a nursing home, take immediate action. Abuse can escalate and the emotional and physical impact can get more serious. Here is what to do:
- Document everything. Take notes about physical or behavioral changes that may indicate abuse or neglect. With the resident’s permission, photograph injuries or unusual conditions and keep a record of any incidents, conversations, or concerns that arise.
- Report the abuse. Contact the nursing home management to report your concerns. If you believe the situation is urgent or that a crime has taken place, contact local law enforcement.
- Take steps to protect the resident. This may mean relocating the resident to another facility where they can be safe.
You will also want to consult with nursing home abuse lawyers in Colorado. A lawyer experienced in nursing home abuse cases can help you investigate the situation, protect your loved one, and pursue legal action.
Contact Flaxman Law Group Today
For a free, no-obligation consultation. We are available 24/7, and there is never a fee unless we win.
Wrongful Death in Nursing Home Abuse Cases
If a resident’s death could have been prevented if proper care had been provided, the surviving family may have a wrongful death claim against liable parties. A claim allows them to seek compensation for funeral expenses, pain and suffering, final medical bills, and other losses.
It also helps a grieving family get justice. Holding nursing homes accountable for their actions may prompt improvements in care standards and policies, leading to better protections for vulnerable residents.
In Colorado, wrongful death lawsuits can generally be filed by the deceased person’s surviving family members, including spouses, children, and other immediate family. In some cases, a personal representative of the deceased’s estate can also file a wrongful death lawsuit. If you’re not sure whether you have a wrongful death claim or are eligible to file a claim, consult with nursing home abuse lawyers in Colorado who can explain your rights to you.
Nursing home abuse attorneys are there for you when you don’t know where to turn. One frustrating thing about nursing home abuse is that when families report it they are often dismissed. Authorities may not have the time or resources to address the issue quickly and nursing homes may deny a problem or may work with their own lawyers to dismiss accusations.
Time is of the essence in these cases, and experienced nursing home abuse lawyers in Colorado know what to do right away. Attorneys can investigate the abuse and can explain whether you have a premises liability claim, personal injury case, or another case.
If you have a loved one in a nursing home and you suspect abuse or neglect, contact the Colorado offices of Flaxman Law Group to schedule a consultation. Just reach out at 970-999-0530.
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