Placing a loved one in a nursing home or assisted living facility is rarely an easy decision for any family. Most families invest considerable time in finding a facility that they can trust to provide the highest level of care. This is why most families are not only saddened but shocked when they discover that their loved one has suffered harm due to nursing home abuse or neglect. If you believe your loved one has been subjected to abuse or neglect in a Colorado nursing home, a Denver nursing home abuse lawyer from The Wilhite Law Firm is ready to review your case and go to work for you today.
The experienced personal injury lawyers of The Wilhite Law Firm have protected the rights of nursing home injury victims and their families in Denver and the surrounding areas in Colorado. We are committed to seeking the answers, justice, and compensation they deserve. Contact us now to learn more in a free consultation.
Nursing home abuse involves intentionally harming a resident. This harm can be sexual, physical, emotional, or financial in nature. On the other hand, nursing home neglect involves failing to provide adequate care to a nursing home resident. Both abuse and neglect are major concerns affecting older adults today.
Researchers behind a 2021 study estimate that at least 10 percent of people over the age of 65 experience some form of abuse. They note that certain nursing home residents are likely at far greater risk than those numbers suggest. A 2019 study estimates that about a fifth of all emergency room visits involving a nursing home are the result of abuse. Meanwhile, the World Health Organization (WHO) has found that about 12 percent of older adults living in institutional settings worldwide are subject to neglect.
Numbers like these emphasize the severity of these issues and the importance of loved ones staying vigilant.
How Can Negligence Cause Nursing Home Abuse and Neglect?
Negligence in assisted living facilities can create an environment where abuse and neglect thrive. This can lead to serious harm to patients, many of whom are extremely vulnerable and dependent upon others for care. Let’s explore some of the leading ways that negligence can present itself in nursing homes.
Poor Facility Conditions
Inadequate maintenance, infection control practices, and sanitation issues can make nursing homes unsafe and unlivable for residents. These conditions can create serious health risks and contribute to a patient’s well-being deteriorating.
Staffing Shortages
When there is not enough staff in nursing home facilities, the facility will be unable to meet the needs of all patients. Staffing shortages can arise because of poor management or cost-cutting measures, leaving workers feeling rushed and overwhelmed. As a result, they may neglect to provide for residents’ basic needs. Residents may suffer malnutrition, dehydration, and other dangerous consequences.
Inadequate Training
Another type of negligence that can result in nursing home abuse and neglect is employing staff members who do not have the right training to care for patients. Patients can suffer when workers do not know proper care techniques, resident rights, or how to recognize signs of abuse. Inadequate training can lead to undue harm to patients, as staff may not be able to handle patients or medication or respond correctly to medical emergencies.
Lack of Supervision and Oversight
When nursing home administrators fail to adequately monitor staff behavior, resident care practices, and the overall conditions of the assisted living facilities, abuse can go unchecked. Nursing home managers and administrators who do not provide proper oversight may not notice caregivers abusing or neglecting patients.
Inadequate Policies and Protocols
Facilities may not have enough protocols in place for resident care or addressing any reports of abuse or negligence. Patients and families may not know the proper channels they need to follow to report issues. This lack of structure can create opportunities for abuse and leave them unaddressed.
What Are the Different Types of Nursing Home Abuse?
Several different forms of physical and emotional abuse can occur in negligent nursing home settings, including:
Physical abuse – Physical abuse in nursing homes includes any type of deliberate use of force against a resident that causes pain, impairment, or harm. This can include pushing, hitting, or restraining a resident.
Psychological or emotional abuse – Emotional abuse targets residents’ mental well-being. This can include humiliating a resident, making verbal threats against them, or ridiculing them.
Sexual abuse – Any type of sexual behavior, contact, or advances made toward a resident that is non-consensual is sexual abuse. Signs of sexual abuse may include unexplained injuries, sudden changes in behaviors, and sexually transmitted infections.
Financial exploitation – This type of abuse occurs when a caregiver commits theft, fraud, or manipulation against a resident for personal monetary gain.
Neglect – Neglect occurs when a caregiver fails to provide a resident with adequate care. The patient may go without food, water, medication, and other basic needs. This can lead to unintentional weight loss, poor hygiene, untreated medical conditions, and unsanitary living conditions.
Abandonment – It is considered abandonment when caregivers leave residents without ensuring alternative care arrangements. Signs of abandonment may include lack of personal care, unattended residents, or inadequate supervision.
Medication mismanagement – Errors or misuse of prescribed medications in nursing homes can lead to serious health complications. Signs of medication mismanagement include missed doses, incorrect dosages, expired medications, and unexplained health changes.
Discovering that your loved one has suffered nursing home abuse injuries can be overwhelming and frightening. However, it is important to understand your legal rights and take action to ensure your loved one is safe. Our Denver nursing home abuse attorneys can help.
How Can You Prove Nursing Home Neglect or Abuse?
By proving nursing home neglect or abuse, you can recover compensation for what your loved one suffered, hold the facility accountable for what it’s done, and prevent similar harm from happening to other vulnerable residents. Family members who suspect that their loved one is a victim of elder abuse should take several steps to protect the resident and their rights. These include:
Documenting the abuse – You must record any signs of abuse or neglect. This can include any bruises or cuts on your loved one, unexplained bone fractures, or changes in behavior. If you notice any discrepancies in their financial records, make note of these as well.
Seeking eyewitness testimony – Eyewitness testimonies from staff members, other residents, or visitors who have observed incidents of neglect or abuse can serve as valuable corroborating evidence.
Reviewing medical records – Examining the resident’s medical records can reveal inconsistencies in care, medication errors, or lapses in treatment that indicate neglect or abuse. Look for signs of untreated conditions, documented injuries, and improper medication administration, as these can help support your claim.
Obtaining expert opinions – Experts’ views can be particularly valuable in substantiating your claim for abuse or neglect. Healthcare professionals and forensic specialists can objectively assess the resident’s condition and the care they received. Their testimony can demonstrate whether a caregiver deviated from the expected standard of care.
Reporting the abuse – If you suspect that your family member is the victim of nursing home abuse or neglect, alert Denver Human Services (DHS) as soon as possible. DHS collaborates with the Denver Police Department,Denver’s District Attorney’s Office, and Denver’s City Attorney’s Office to protect older adults. Reporting the incident to law enforcement or adult protective services can help protect your loved one and save other residents from abuse.
Following these steps can help you and your attorney build a strong case to prove nursing home abuse or neglect in Denver, which is critical for holding the negligent party accountable for their actions.
Can You Sue the Nursing Home for a Fall Injury?
If a fall injury in a nursing home was due to negligence or inadequate care, you may have grounds to sue the facility for compensation. Falls are a common occurrence in nursing homes. But when preventable factors contribute to the fall, legal action may be an option.
What Is the Statute of Limitations To File a Nursing Home Abuse Claim?
Because nursing home abuse cases can fall under both general negligence and medical malpractice, determining the exact deadline requires a careful legal analysis of the specific injuries involved. A Denver attorney can evaluate the proper deadline that applies to your nursing home abuse claim.
In Colorado, the statute of limitations for filing a nursing home abuse or neglect claim is generally two years. This time limit applies to personal injury, medical malpractice, and wrongful death lawsuits related to senior care. Medical malpractice claims against medical professionals (including nurses) typically must be filed within two years of discovery of the injury, with an absolute statute of repose of three years from the act of negligence.
If the victim is mentally incapacitated (common in dementia or Alzheimer’s cases) and does not have a legal guardian, the clock may be tolled until a guardian is appointed or the disability is removed. If the facility intentionally hid evidence of abuse, the court may also extend the filing deadline. When abuse leads to a fatality, the representative has two years from the date of the victim’s death to file.
Before or alongside a legal claim, abuse should be reported to state authorities to initiate an investigation and ensure the immediate safety of the nursing home resident:
Colorado Department of Public Health and Environment (CDPHE)
This is the primary agency that licenses and inspects nursing homes. You can file an online complaint about the quality of care or safety violations.
Adult Protective Services (APS)
Each Colorado county has an APS office that investigates allegations of abuse, neglect, or exploitation of at-risk adults.
Colorado Long-Term Care Ombudsman
This is a free advocacy resource that helps residents and families resolve issues with facility management. You can find your local Ombudsman through the Colorado Department of Human Services.
Local Law Enforcement
If you suspect immediate physical danger or criminal activity, call 911 or the local Denver police non-emergency line.
The Wilhite Law Firm can assist families by immediately subpoenaing staffing logs, medical records, and internal incident reports that nursing homes often refuse to release, thereby preserving all vital evidence for the claim. We can also help you report the case to the appropriate agency and take immediate action to protect your loved one’s well-being.
What Is an Arbitration Agreement?
In Colorado, an arbitration agreement is typically made between a nursing home and a resident. The rules for these agreements follow Colorado law, which states that nursing homes and residents will settle any disagreements through arbitration rather than going to court.
What If You Already Signed an Arbitration Agreement?
If you suspect nursing home abuse in Colorado after signing an arbitration agreement, the agreement may impact your ability to file a lawsuit against the nursing home. However, some exceptions and legal avenues may still allow you to challenge the arbitration agreement or pursue legal action. Consult with our nursing home negligence lawyers in Denver immediately to learn about your options.
Do You Have a Right to Get Medical Records?
You may or may not have a right to your loved one’s medical records, depending on whether you have power of attorney or a similar legal instrument in place. That said, nursing home residents have a right to access their own records, which they can and should do in the event of abuse. These records are valuable when it comes to pursuing legal action as they contain critical information regarding the care that your loved one is receiving, any medical treatments, and any incidents of neglect or abuse. Reviewing the medical records can help substantiate claims of nursing home abuse.
Are There Caps on What You Can Recover for a Nursing Home Abuse Lawsuit?
Whether damage caps will apply to a nursing home abuse claim depends on the specific circumstances. Colorado has no statutory caps on economic damages in personal injury lawsuits. This means that victims and families can seek full and fair compensation for any medical expenses they face, costs related to changing care facilities, and other financial burdens caused by the abuse. However, non-economic damages are subject to certain caps depending on the cause of action. These damages include:
Pain and suffering
Emotional distress
Loss of enjoyment of life
Different caps may apply when medical malpractice is involved. A knowledgeable Denver nursing home abuse attorney can determine which caps, if any, may apply to your loved one’s case.
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What Are Signs of Abuse and Neglect in Denver Nursing Homes?
Recognizing the warning signs of nursing home maltreatment is the first step in protecting a loved one. Abuse is often intentional, while neglect typically stems from understaffing or lack of training. These signs can include physical abuse, emotional abuse, sexual abuse, neglect, and/or financial exploitation.
Unexplained injuries – Frequent bruises, welts, or cuts, especially those appearing in patterns or on both sides of the body.
Broken bones or sprains – Fractures that the facility cannot explain or that occurred without a witnessed fall.
Restraint marks – Bruising or chafing around the wrists or ankles, suggesting the illegal use of physical restraints.
Broken eyeglasses – Or other signs of physical struggle or intimidation.
Bedsores (pressure ulcers) – Bedsores in advanced stages (Stage 3 or 4) are almost always a sign of failure to turn or clean a resident.
Dehydration and malnutrition – Sudden weight loss, dry mouth, or lethargy.
Poor personal hygiene – Residents appearing unwashed, wearing dirty clothes, or being left in soiled diapers for extended periods.
Behavioral changes – Sudden withdrawal, agitation, or acting out (e.g., thumb-sucking or rocking).
Fear of staff – A resident becoming quiet or visibly anxious when specific caregivers enter the room.
Isolation – Staff preventing the resident from seeing visitors or speaking on the phone privately.
Missing personal property – Jewelry, electronics, or cash disappearing from the resident’s room.
Unexplained bank activity – Large withdrawals or changes to legal documents like wills or powers of attorney.
Nursing home abuse and neglect can occur in many different forms. You should pay close attention to the care that your loved one receives in a Denver nursing home and take action by contacting an attorney if you notice any of these signs of potential mistreatment.
Nursing home staff may be inflicting another kind of harm that does not involve physical contact. Threats of violence and verbal abuse can cause nursing home residents to become depressed or reclusive. Out of a sense of shame, victims do not always discuss this type of abuse with family members.
Sexual Abuse
Nursing homes often delay investigating and reporting sexual abuse allegations because of their reluctance to believe the accusations. Sexually-transmitted disease (STD) diagnoses are usually the most common way that families learn about these types of incidents, as victims are usually unwilling to discuss what happened.
Neglect
Not all instances of nursing home injuries involve deliberate misconduct by staff members. In some cases, residents may suffer injuries simply because staff failed to provide appropriate care and attention. Neglect may involve failure to check on residents, manage medications, or supervise certain activities. Malnourishment, dehydration, poor hygiene, infections, and pressure sores could all be signs that a loved one is being neglected in a nursing home in Denver.
Financial Exploitation
Families should always pay particular attention to the banking accounts of their loved ones after they move into nursing homes. Financial crimes are some of the most common offenses committed against residents. In some cases, staff members become very close to residents and exploit friendships for financial favors. Always be mindful of any large cash withdrawals. Also, look out for other signs of possible malfeasance that could include changes to estate planning documents, forged signatures, or the opening of new lines of credit.
What Can You Do If You Suspect Neglect in a Denver Nursing Home?
If you suspect that your loved one is being abused or neglected in a Denver nursing home, and the situation is an emergency, you should call 911. If you are unsure about what is happening, your first step may be to raise your concerns with the facility’s administrators. Additionally, if the administrators fail to give satisfactory answers to your questions, you should not hesitate to contact other state agencies, including:
A nursing home abuse lawyer from The Wilhite Law Firm in Denver will be able to assist you in accurately and timely reporting your loved one’s suspected abuse or neglect to law enforcement officials or officials from the other state agencies discussed above.
Adult Protection Services — The Colorado Adult Protective Services program provides for the safety and protection of at-risk adults who are – or are suspected to be – victims of mistreatment. You can reach Denver’s APS program at:
Denver Department of Human Services: Adult Protection Services 1200 Federal Boulevard Denver, CO 80204 (720) 944-2994
You can file a complaint anonymously. You should be prepared to provide specific information such as your loved one’s name and age, the name and location of the facility, the name of the alleged abusive or neglectful staff member, dates of the suspected mistreatment, and the nature of what you believe has happened to your loved one.
Long-Term Care Ombudsman — The Colorado Long-Term Care Ombudsman program assists residents of licensed long-term care facilities in protecting their health, safety, welfare, and rights. The program advocates for residents of nursing homes, assisted living residences, and similar licensed adult long-term care facilities. You can reach your local ombudsman in Denver at:
How Can a Nursing Home Injury Lawyer in Denver Help You?
When you contact us, we will immediately start an independent investigation of your loved one’s case. We will review the details of your loved one’s care plan and also gather and analyze all of his or her medical records. The Wilhite Law Firm focuses on breaking through corporate defenses to hold negligent facilities accountable. Here is how our legal team provides specific support:
Securing Internal Evidence
Nursing homes are required to keep detailed records, but they rarely hand them over voluntarily. A lawyer can subpoena staffing logs, internal incident reports, and personnel files to see if the facility was dangerously understaffed or hired individuals with a history of abuse.
Medical Expert Consultation
Work with geriatric specialists and forensic nurses to distinguish between natural aging and injuries caused by neglect, such as Stage IV bedsores, malnutrition, or medication errors.
Navigating the CDPHE Process
We help families file formal complaints with the Colorado Department of Public Health and Environment (CDPHE), ensuring that regulatory violations are documented and used as leverage in a civil lawsuit.
Calculating Full Damages
Beyond immediate medical bills, our team can help recover compensation for pain and suffering, emotional distress, and the cost of relocating your loved one to a safer, higher-quality facility.
Combating Arbitration Clauses
Many nursing home contracts contain fine print forcing families into private arbitration. The Wilhite Law Firm has the litigation experience to challenge these clauses and fight for your right to a trial.
Identifying Liability
We can determine if the fault lies with an individual caregiver, the facility management, or a large out-of-state corporation that prioritizes profit over patient safety.
Our lawyers can examine and preserve physical evidence of abuse or neglect, as well as interview your loved one and nursing home staff members and residents, in addition to any other relevant parties. We will study all related photos and videos of an incident to ensure all liable parties are identified.
Our firm can also work with doctors and nurses to make sure your loved one receives the medical care that he or she needs. We can also act as a liaison between the family and local or state agencies involved in your case.
Our nursing home neglect attorneys in Denver are committed to helping you to pursue a fair and full settlement of your case. If an insurance company refuses to provide an appropriate level of compensation, we will not hesitate to file a lawsuit and take your case to court.
Our Denver Nursing Home Abuse Attorneys Are Here For You
Do you believe that your loved one has suffered an injury due to a nursing home’s negligence or abuse? If so, contact The Wilhite Law Firm as soon as possible. Our Denver nursing home abuse lawyer firmly believes that nursing home residents deserve to be treated with respect and compassion. When facility owners or their staff members fail to provide an adequate level of care, they should be held accountable.
Our law firm represents elder abuse clients on a contingency fee basis. So, you will never worry about paying us anything unless our staff secures compensation on your behalf. Our attorneys can provide a complete evaluation of your case as soon as you call or contact us online and take advantage of a free consultation.
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