Helping victims get justice and blazing the trail for your recovery.
When elder or disabled care facilities abuse or neglect you or your loved one, Nursing Home Justice will step in to fight for your rights and your medical and monetary recovery
Contact Nursing Home Justice Today
01: About Nursing Home Justice
Up Next02: Getting Started
When the unspeakable happens, we’ll protect you
Elder and disabled care facilities should feel like a home where patients are cared for — not like a warehouse where product is stored. A law firm should be a place where your voice is heard and your pain is met with compassion — not an assembly line that puts quantity over quality.
At Nursing Home Justice, you have our full attention. We have extensive experience in helping injured victims get justice and won’t back down from corporate goliaths. We also offer valuable insight into the world of nursing home abuse to keep you informed on your recovery journey.
Attorney Mac Hester has over 35 years of experience and ensures you’re made whole again through financial recovery. We know you may be intimidated by the road ahead, but rest assured that we’ll guide you through the process.
02: Getting Started
Up Next03: Compensation
Understanding the signs, types, and causes of abuse & neglect.
Abuse and neglect take many forms. Staff members may deliberately assault patients physically, sexually, or emotionally. In other cases, understaffed facilities may fail to provide for a patient’s basic needs or ignore them altogether.
Knowing how a patient was abused and what led to the abuse is the first step.
If you suspect your loved one is being abused or neglected, you might have witnessed the following warning signs of abuse:
If any of these apply, call Nursing Home Justice today at (303) 775-8128.
You may need to discuss your concern with the facility, contact the local Ombudsman, or report the abuse to the Colorado Department of Human Services. We’re here to help you decide what route to take.
Although abuse and neglect are similar, abuse is more direct and intentional. The resulting injuries may vary depending on the type of abuse.
You or your loved one may have experienced the following:
Nursing home abuse could result in the following injuries or consequences:
Where abuse is deliberate, neglect is more of a failure to act. For example, staff members may fail to care for patients’ most basic needs due to a lack of training or other negligent behavior.
The following examples of neglect might have caused you or your relative’s diminished condition:
If left untreated, the consequences of neglect are devastating and a sign of extreme mistreatment. The resulting injuries and consequences include:
Severe abuse and neglect suffered by nursing home residents may result in their death. You still have a chance to pursue justice for your loved ones even after they’ve moved on.
Retaining an attorney with medical knowledge and a thorough understanding of state and federal nursing home regulations is vital to pursuing a wrongful death claim.
There can be many causes of wrongful death. The most common include:
It’s not just the individual abuser; it’s the system.
There are very few stand-alone nursing facilities. Almost all nursing homes, rehabilitation facilities, and assisted living facilities are cogs in nationwide chains. The “local facility” is usually just a piece of paper — the license to operate a nursing home.
The nursing home, and all entities that support or manage the facility, are owned by a parent company. The parent company is responsible for distributing profits to its shareholders.
This profit motive permeates through every layer of the system — even down to the nurses and nursing aides.
These big corporations use the following methods to reduce costs and satisfy shareholders:
These profit-boosting tactics are fueled by corporate greed and come at the residents’ expense. Since the staff is overworked and underpaid, they’re more inclined to cut corners that result in abuse, substandard care, and neglect.
Abuse and neglect are prevalent among elder and disabled care facilities. Knowing the source of your or your loved one’s abuse helps determine who’s liable.
Nursing homes generally consist of patients in advanced years. These patients require around-the-clock supervision and help with daily tasks such as eating, drinking, transferring into and out of bed, bathing, and other tasks where their mobility is limited. Nursing homes care for short-term and long-term patients.
Long-term care facilities are for individuals with conditions that require extensive daily care on a long-term or lifetime basis.
Long-term care facilities help physically and mentally incapacitated residents with everyday tasks, offer meals, and provide transportation and social activities.
Alzheimer’s and Memory Care Facilities are for individuals with Alzheimer’s Disease and for mentally incapacitated persons. These facilities provide all the services that long-term care facilities offer and additional specialized services. Many of these facilities have secured units to prevent residents from wandering off.
Rehabilitation facilities are for patients that have suffered an injury or a worsening medical condition that can be healed or improved with temporary medical care and rehabilitation.
Their goal is to rehabilitate a patient’s injury as soon as possible so that the patient can return to home or their primary care facility.
Assisted living facilities are not as medically focused as nursing homes or rehabilitation facilities. Patients live in apartment-style homes that offer daily meals, 24-hour supervision, staff members on-site, and recreational and social activities.
Group Homes provide care to a limited number of elderly or disabled persons within a private residence.
Thus, they are also called residential care facilities. There are group homes for the following:
Nursing Home Justice can help you regardless of the care facility where the abuse or neglect occurred.
Up Next04: How to Prepare
When nursing homes or other facilities disrespect a resident’s rights and suffer severe injury, they may have a case for compensation.
Residents who suffered injury from a caregiver’s negligence can recover monetary damages for:
When a resident has died from abuse or neglect, the decedent’s surviving spouse, heirs, or designated beneficiary may file a wrongful death claim for the following:
04: How to Prepare
Up Next05: What to Look For
As you begin your trek toward justice and compensation, there are some things you can do.
If there has been abuse or neglect, the first thing you should do is remove yourself or your relative from the facility.
Remaining in the facility could hurt your case. The facility would argue that if the abuse or neglect were serious, you would have left or removed your family member from the facility.
Elder care and disabled care facilities are required by state and federal law to provide you with copies of all the resident’s medical records and designated record sets within a short time frame.
However, the facility will often ignore such requests, delay the provision of records, provide only a portion of the records, and charge excessive copy costs — unless a lawyer makes the request. Nursing Home Justice can assist you in obtaining the records to save time and money.
You may be unsure whether abuse or neglect occurred or what your next steps are. Nursing Home Justice can offer legal counsel and help resolve the problem with the facility, contact the local Ombudsman, or file a complaint with the state.
If you’re sure abuse or neglect has occurred, you should file a complaint with the Colorado Department of Public Health & Environment.
Turning over any evidence you have to your attorney will significantly help your claim for compensation. This includes photos and videos of you or your loved one’s bedsores, bruises, cuts, or any sign of physical abuse or neglect.
Additionally, documenting any conversations with medical staff or signs of emotional abuse will be helpful.
Although there may be occasional family disagreements about a family member’s medical or nursing care, the family should speak with one voice when abuse or neglect is suspected.
Time is crucial. Focusing on your claim will benefit the well-being of the elderly or disabled family member. But it will also help preserve evidence and effectively prosecute the case.
05: What to Look For
Before and during the claims process, be mindful of anything that could hurt your case.
The facility that caused the abuse or neglect is not to be trusted, and they won’t go down without a fight. As stated earlier, the facility answers to the parent company, whose only concern is profit.
If your claim is successful, these parent companies will face investigations, penalties, negative publicity, and other harmful consequences.
There are various notice of claim periods and statutes of limitations depending upon who the claim is against, what the claims are, and the legal capacity of the victim.
Claims against governmental entities have a notice of claim period of six months. Intentional torts often have statutes of limitations of one year. General negligence and wrongful death claims have a statute of limitations of two years.
If legal action is not filed within the notice period or statute of limitations, the claim may be forever barred. Nursing Home Justice can advise you on the complexities of the notice periods and statutes of limitations.
The Colorado Department of Public Health & Environment set the Code of Colorado Regulations that all nursing homes and rehabilitation facilities must abide by.
This includes quality management standards, staff training, staff on duty, and regular audits, among other procedures.
When elder care and disabled care facilities fail to uphold these standards, and you or your loved one is a victim of injustice, we’ll restore dignity by:
Nursing Home Justice serves the entire state of Colorado, including: