Nursing Home Abuse Attorney In Denver
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 a Colorado nursing home abuse or neglect. If you believe your loved one has been subjected to abuse or neglect in a Colorado nursing home, a nursing home abuse lawyer in Denver from The Wilhite Law Firm is ready to review your case and go to work for you today.
The Denver personal injury lawyers of The Wilhite Law Firm have protected the rights of nursing home injury victims and their families in Denver and 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.
What Is Nursing Home Neglect and Abuse?
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.
Read more: Signs of Nursing Home Neglect in Colorado
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.
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 build a strong case to prove nursing home abuse or neglect, 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 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 a lawyer 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 Denver nursing home abuse attorney can determine which caps, if any, may apply to your loved one’s case.
