Nursing Home Abuse Lawyers in Denver, CO
Families entrust their elderly parents, grandparents, and other family members to nursing homes because these facilities are supposed to provide a high standard of care. Nursing homes are supposed to have experienced staff and resources that families don’t have so they can care for the most vulnerable members of our society.
Unfortunately, each year in Denver families discover that their elderly relatives are in unsafe caregiving situations and may even be suffering abuse. If you find yourself in this situation, contact the Denver office of Flaxman Law Group by calling 970-999-0530. Let’s set up a consultation to talk about how we may be able to help your loved one.
What Is Nursing Home Abuse?
Nursing home abuse refers to any intentional harm or neglect inflicted on elderly individuals residing in nursing homes. Nursing home abuse can also happen in long-term care facilities. Nursing home abuse is a serious concern because elderly residents often rely on caregivers and are often particularly vulnerable because of impairments.
There are many potential causes of abuse in nursing homes:
- High staff turnover and insufficient training.
- Insufficient oversight by management.
- Too few staff members to care for residents.
- Poorly managed facilities.
- Incorrectly vetted staff.
As you can see, in many cases it comes down to poor choices on the part of nursing homes, and in these situations nursing homes and nursing home staff can be held liable when abuse and neglect happen.
Common Types of Abuse & Neglect
Abuse and neglect can take on many forms in nursing homes. This can include:
- Physical abuse. Physical aggression can include hitting, slapping, or punching. It can also involve restraining an elderly person without medical necessity or using physical force to control their movement.
- Sexual abuse. Any form of sexual contact without consent, such as touching or forced sexual activity, is considered sexual abuse.
- Emotional abuse. This form of abuse can include verbal abuse, such as insults, threats, humiliation, or constant criticism. It can also involve isolating the elderly person from family, friends, or social activities. Threatening harm or punishment can also be a serious form of abuse.
- Financial abuse. Financial abuse often involves stealing from the elderly person or coercing them into signing over money or property. Abusers can also pressure the elderly person to make financial decisions that are against their will, such as changing a will or adding someone to a bank account.
- Neglect. This can include not providing food, water, medication, or needed hygiene. Neglect may also involve failing to manage the elderly person’s chronic health conditions. Not giving the elderly person their prescribed medications or providing improper treatment is a serious form of neglect.
In many cases, there are multiple forms of abuse happening at the same time. For example, someone who is abusing a senior financially may also use threats or physical violence to intimidate them.
What Are the Signs of Elder Abuse?
Recognizing the signs of elder abuse can be challenging. Seniors may be ashamed or too scared to speak up and abusers may take steps to hide signs of abuse. The signs of abuse you may see can depend on the type of abuse or neglect happening and may include:
- Unexplained bruises, cuts, sprains, burns, or other injuries.
- Unexplained weight loss.
- Sudden changes in behavior, such as avoiding social interaction or showing signs of anxiety.
- Fear, particularly of certain caregivers.
- Sudden confusion, forgetfulness, or agitation.
- Unkempt hair, dirty clothing, or body odor.
- A dirty or unsafe living environment, including unclean bedding or an unsanitary room.
- Sudden financial changes, such as large, unexplained withdrawals or the appearance of new financial documents.
Seeing these signs isn’t always a sign of abuse. There may be explanations for changes in behavior, such as a new medical condition. However, it’s important to always follow up and seek explanations if you see any of these signs.
Common Forms of Neglect & Injuries
While abuse is a wilful type of harm, neglect can be more subtle because it involves lack of care. There are many types of neglect possible in nursing home environments:
- Physical neglect. This is the most common form of neglect, where nursing homes residents have their basic physical needs unmet. Caregivers may fail to assist with bathing, grooming, or dressing, leading to hygiene-related problems such as rashes, infections, and skin ulcers. Caregivers can also fail to provide adequate nutrition and hydration, which can lead to weight loss, malnutrition, and dehydration.
- Environmental neglect. This is where the nursing home’s residence is not maintained, leading to unsafe living conditions. Environmental neglect can mean lack of access to basic living requirements, such as bathrooms or air conditions. It can also include poor sanitation, including dirty bedding, which can lead to infections.
- Medical neglect. Neglecting the medical needs of elderly residents, such as failing to administer prescribed medication or failing to provide access to doctors can mean untreated bedsores, untreated diabetes, or complications from treatable conditions.
- Emotional neglect. This can involve a lack of mental stimulation or an imposed isolation. Emotional neglect can lead to depression, loneliness, anxiety, and cognitive decline. Emotional neglect can also isolate nursing home residents, which can make it easier for abusers to harm a resident.
- Lack of supervision. Elderly residents in nursing homes usually need supervision to shower and may need help getting dressed, going to the bathroom, or eating. When they don’t get proper supervision, they can fall or injure themselves. Lack of supervision can also cause residents with dementia to wander, which can mean they get lost.
Neglect is unacceptable in nursing homes, but it can be hard to prove. If you suspect neglect but aren’t getting answers from the nursing home, contact nursing home abuse lawyers in Denver, CO to get legal advice about what you can do next. An attorney can help evaluate the situation so you understand whether you have a medical malpractice claim, a nursing home abuse claim, or another type of legal claim.
What Damages Can You Recover in a Nursing Home Abuse Case in Colorado?
If a loved one is the victim of abuse or neglect in a nursing home in Colorado, you may be able to seek compensation, or your elderly family member may be able to seek compensation for all damages related to the abuse, which can include:
- Compensation for the medical treatments related to abuse, including hospital visits, surgeries, medications, medical equipment, and any future medical care needed.
- Lost wages, if you need to take time off work to care for your loved one’s injuries.
- Non-economic damages for the pain and suffering and the reduced quality of life your loved one has suffered because of the abuse.
- Punitive damages, which are meant to encourage the nursing home to prevent abuse in the future.
- Care costs, which can help you pay for care for your family member at another nursing home.
- Attorney fees related to your claim.
You may not be eligible for all of these types of compensation. The best way to find out what you may be able to secure to help your family member is to consult with nursing home abuse lawyers in Denver, CO. Attorneys can evaluate your specific situation and help you understand the strength of your case and how much your claim could be worth.
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How Can Nursing Home Abuse Attorneys Help Victims in Colorado?
Nursing home abuse attorneys are important in these claims because families often struggle to get answers and justice on their own. Attorneys have the resources to conduct a thorough investigation into the alleged abuse, gathering evidence such as medical records, photographs, eyewitness testimonies, and expert opinions. They may also interview nursing home staff, residents, and others who may have witnessed or have information about the abuse.
A nursing home abuse attorney helps identify the parties and assist victims in filing lawsuits. Lawyers ensure that all necessary documents are filed correctly, and deadlines are met. In Colorado, there are strict time limits, known as statutes of limitations, that govern how long victims have to file a lawsuit. Your lawyers makes sure you meet all deadlines.
Attorneys represent you in court, negotiating with insurance companies and other parties involved. If the case does not settle out of court, your attorney can even bring your case to trial if that’s the best way to get your family compensation.
What Should You Do if You Suspect Elder Abuse in Colorado?
If you suspect that a loved one is being abused in a nursing home in Colorado, take swift action. When left unaddressed, it’s possible for abuse or neglect to escalate and the injuries from this mistreatment can become worse over time.
If your loved one has been physically harmed, ensure that they receive immediate medical care. Document the injuries, and get a full medical evaluation, as this will be crucial in the investigation process. You may also need to remove your family member from the abusive situation to prevent further harm.
If you notice any physical signs of abuse, such as bruises, bedsores, or unusual injuries, get permission from your elderly loved one to photograph them. Keep a written record of any conversations, incidents, or events that may suggest abuse, including the time, date, and nature of the abuse.
You should request answers from the nursing home, so that they have a record of your concerns. However, many families find that nursing homes dismiss their claims.
Contact the Colorado Department of Human Services (CDHS) Adult Protection Services (APS) at the state’s abuse hotline so the abuse can be investigated. If you suspect that a crime such as assault or sexual abuse has taken place, contact the police. They can file criminal charges.
If possible, talk to the elderly individual who may be experiencing abuse. Be compassionate and explain that you can help.
Contact the nursing home or care facility’s management and report your concerns. While it’s important to do this, be aware that some facilities may attempt to cover up abuse or neglect, so it’s crucial to involve external authorities and legal representation.
You can also always contact Flaxman Law Group in Denver for help. We can explain your options and can help you file a claim. Even if you don’t get help from APS or the police, you may have the option of filing a claim against the nursing home to hold them accountable.
Wrongful Death in Nursing Home Abuse in Colorado
When nursing home abuse leads to the death of an elderly resident, it is classified as wrongful death. In Colorado, surviving family members—including the spouse, children, or other close family members—may be entitled to seek compensation through a wrongful death lawsuit. If no immediate family members are available, the victim’s estate may pursue the claim.
In Colorado, the statute of limitations for wrongful death claims is typically two years from the date of the victim’s death. Therefore, it’s important to act quickly in filing a wrongful death lawsuit to ensure the case is brought within the legal time frame.
Whether you have a wrongful death claim or an abuse claim, consulting with nursing home abuse lawyers in Denver, CO is important because these cases can quickly get complicated. For example, if your mother slips and falls in a nursing home, is that a nursing home abuse claim? If she is injured by a hot iron, is that a premises liability claim or a nursing home claim? An attorney can explain the best way for you to proceed to seek compensation.
In these cases, seeking fair financial recovery is important because financial resources can help you pay for quality medical care. If your parent has a slip and fall and breaks their hip in a nursing home, for example, compensation can help pay for rehabilitation, a walker or scooter, and more. It can even help you pay for safer care.
If you suspect nursing home abuse and the nursing home is not giving your answers, call the Denver office of Flaxman Law Group at 970-999-0530 to schedule a consultation.
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