Nursing Home Justice Blog

What is “Negligence” When it Comes to Nursing Home Abuse?

Written By:

Attorney Mac Hester

Date Posted:

April 24, 2023

Negligence is the crux of every personal injury claim. You must establish negligence to recover the compensation you need for your damages. But what does negligence look like in a nursing home? Whether it be physical abuse or nursing home neglect, a reckless nursing home should be held liable for the damage they cause.

How Does the Law Define Negligence?

Negligence occurs when an individual fails to act the same way another equally qualified person would under similar circumstances. Essentially, a nursing home that acts carelessly or recklessly and puts residents at an unreasonable risk for danger could be found negligent.

Examples of Negligence in Nursing Homes

Negligence could present itself in many ways in a nursing home. Here are a few examples of negligence you might see:

Improper Training

Nursing homes often fail to provide staff members with the necessary training to care for residents with various health conditions. Specific illnesses like Alzheimer’s require well-trained staff competent in caring for cognitively impaired residents.

The Code of Colorado Regulations states that each department of the facility must be under the direction of a person qualified by training, experience, and ability to direct effective services. 

Failing to Provide for Residents’ Basic Needs

Residents should feel at home in an assisted living facility. They should have access to nourishing foods, plenty of water, and respectable living conditions.

Understaffed and poorly trained nursing homes often neglect to provide these basic needs. Nursing homes don’t even perform tasks as simple as rotating immobile residents in their beds to prevent bedsores or taking them to the bathroom so they don’t soil their clothing.

Improper Hiring

When private equity firms buy nursing homes, they make every effort to cut costs—and staff members are typically the first to go. Nursing homes become grossly understaffed and left with unqualified personnel.

Additionally, failing to provide necessary background checks could put residents at risk of being cared for by staff members with a violent history of abuse and neglect.

Physical, Emotional, or Sexual Abuse

Blatantly abusing residents physically, emotionally, or sexually could all result in a nursing home negligence claim and criminal charges.

These acts could also be viewed as willful and wanton negligence, which means the abuser was fully aware of the risk of their actions and disregarded the rights and safety of the victim.

Can You Sue a Nursing Home for Negligence?

Nursing homes and other medical settings have a higher-than-normal standard of care to uphold. If they fall short of this standard, they could be found negligent. Furthermore, you or your loved one have specific rights as a nursing home resident that staff members must honor to ensure you receive quality care.

Colorado Law states that you must prove the liable party’s negligence to win your claim. To do this, you must establish the four elements of negligence:

  • Duty of Care – You must show that the nursing home facility had a legal duty to uphold
  • Breach of Duty – The nursing home’s action or inaction breached that duty of care
  • Causation – The breach of duty caused your injuries
  • Damages – Your injuries resulted in damages that require monetary recovery

If you prove by a preponderance of evidence the nursing home’s negligence caused your damages, you could recover the compensation you need for your medical bills and other expenses.

Where Should You Report Negligence?

Filing a report could strengthen your claim if you suspect a nursing home is negligent. Report abuse or neglect to the following entities:

Let Nursing Home Justice Help You Prove Negligence

Determining liability in a negligence claim could be challenging without the help of a nursing home abuse and neglect attorney. Nursing Home Justice, led by attorney Mac Hester, will personally investigate your case to prove liability and help you recover financial compensation for your damages.

Let us listen to your story and tell you how we can help. Contact us today by calling (303) 775-8128 to schedule your free consultation.

Recent Posts

Read Article

2024-04-15 08:30:34

Why Does Malnutrition & Dehydration Happen in Nursing Homes?

Written By Mac Hester

Read Article

2024-02-21 20:37:44

A Guide to Finding the Right Colorado Nursing Home

Written By Mac Hester

Read Article

2023-12-15 16:47:13

What Is Patient Dumping in Denver Nursing Homes?

Written By Mac Hester

Read Article