Nursing Home Neglect in Colorado

Nursing home residents should feel safe, respected, and like they’re being cared for by their own families. When nursing home facilities fall short of this duty, victims of negligence have a right to pursue justice with a nursing home neglect lawyer.

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Nursing Home Justice Gains Respect for Your Family

Nursing home neglect cases are complex. It takes an experienced attorney with a thorough understanding of Colorado law to help victims recover medically and financially. Nursing Home Justice has proven to be a powerful entity that stands up to large corporations and insurance companies.

Founding attorney Mac Hester has over 35 years of experience and is passionate about making victims of injustice whole again. We treat each client with dignity and respect and guide you on your path to recovery.

Contact attorney Mac Hester with Nursing Home Justice Today – (303) 775-8128

What is Nursing Home Neglect?

Nursing homes must provide patients with everything they need to prevent physical, mental, or emotional harm. When staff members fail to give patients the level of care that a reasonable nurse in similar circumstances would, that is patient neglect. Neglect isn’t as direct as abuse. But over time, it can have fatal consequences.

When nursing homes neglect patients, residents could be left without the most basic human needs like food, water, or bathing for days or weeks at a time. Fortunately, there are ways to spot this injustice and legal action you and your lawyer can take.

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Does My Injury Qualify for Compensation?

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Have you or someone you know been the victim of nursing home abuse or neglect?

Our firm reaches success through our attention to detail, genuine care for our clients, and relentless desire to make you whole.

Types of Nursing Home Neglect

Depending on your situation, you or your relative may experience many forms of neglect. Typical forms of neglect include but are not limited to:

Abandonment

Nurses must communicate with their supervisors and always know where their patients are. When nurses leave the nursing facility abruptly, fail to report to supervisors, or otherwise desert their patients, abandonment occurs.

Emotional Neglect

Part of a resident’s recovery program should include social interaction with others in the nursing home. Isolated patients with restricted mobility are prone to emotional neglect.

Staff members must check in on patients regularly to monitor their emotional well-being and provide them with canes or wheelchairs so they have the freedom to move.

Medical Neglect

Each patient is on a specific recovery program unique to their condition. Nurses and other staff should be well informed of their patients’ needs.

This includes providing the proper medication or therapy to stabilize or improve their condition. When medical neglect occurs, a resident’s health can decline, and additional problems may arise.

Failing to Maintain Proper Hygiene

A patient’s physical or mental condition could prevent them from maintaining personal hygiene. Depending on their situation, patients may need help bathing, changing their clothes, or even brushing their teeth.

Failing to Provide Basic Needs

Sometimes, neglect is so severe that residents don’t receive basic needs like food and water. Nursing home residents should receive at least three meals a day. Additionally, a resident’s room should be regularly cleaned and at the appropriate temperature.

Consequences of Nursing Home Neglect

Failing to care for patients and neglecting their needs could lead to the following:

  • Dehydration
  • Malnutrition
  • Choking
  • Bedsores – Pressure Ulcers
  • Urinary Tract Infections
  • Infections and Sepsis
  • Broken Bones from Falls
  • Cuts, Sprains, or Strains
  • Concussions and Traumatic Brain Injuries
  • Depression or Anxiety
  • Wandering & Elopement
  • Decline and Death

Common Signs of Neglect

If you’re wondering if you have a case for neglect, consider if you’ve witnessed the following:

  • Drastic weight changes
  • Incorrect doses or the wrong medication being administered
  • Your relative is expressing negative emotions toward staff members
  • Unexplained injuries
  • Soiled clothing from staff members not taking patients to the bathroom
  • Long periods of isolation
  • Personality changes
  • Untreated or worsening conditions

Causes of Nursing Home Neglect

The root cause of neglect can differ depending on the situation. But, the most common reasons are negligent hiring, understaffed nursing homes, and improper training.

Negligent Hiring

Nursing home staff must be experienced and competent in handling each patient’s unique condition.

Furthermore, nurses and nursing home administrators must undergo a background check, be licensed by the state, and are accountable to their respective board of examiners.

However, state board discipline does not remedy the neglect suffered by the patient. For that, the patient needs a nursing home neglect attorney.

Understaffed Nursing Homes

Understaffing is a standard method used by nursing homes to cut costs. It’s also one of the main reasons for neglect in nursing homes. The Colorado Code of Regulations requires nursing homes to have an adequate number of qualified professionals in each department to maintain quality care for each patient.

Negligent & Improper Training

Negligent training puts residents in danger from unqualified staff members. Nursing home staff should undergo a comprehensive orientation and regular training.

The Colorado Code of Regulations requires each department to be under the direction of someone qualified by training and experience.

Staff should receive annual education on infection control, accident prevention, resident rights, behavior management, and other topics.

Who’s Responsible for Nursing Home Neglect?

Nursing home neglect cases are complex. Depending on your case, many parties could be at fault. It takes an experienced lawyer who understands the system to uncover all liable parties. However, the underlying issue is the same.

The problem stems from the parent company that the nursing home answers to. This company uses various methods to cut costs and leave residents to pay the price for their greed.

Some parties that could be held responsible:

  • Nursing Home Staff – There may be instances where the individual staff members were not upholding their duty of care, and you or your relative suffered damages. Staff members may be accused of abandoning their patients, providing improper medication, or failing to report changes in a patient’s condition.
  • Nursing Home – The nursing home as a whole can also be liable for understaffing the facility, hiring unqualified workers, or failing to train employees properly.
  • Management Company for Nursing Home – Oftentimes (most of the time), the nursing home hires a management company to hire, train and supervise staff, implement policies and procedures, and provide back-office services such as information technology, accounting, payroll, legal, and risk management. The management company may be negligent in providing such services.
  • Nursing Home Chain Entities – Most nursing homes are not stand-alone entities; they are cogs in a nationwide chain of nursing homes. Other nursing home chain entities could be negligent or jointly liable with the nursing home or the management company for the nursing home.

Pursue Justice Through Compensation

Nursing home residents have a right to be respected and cared for. When they aren’t, Nursing Home Justice helps you pursue financial recovery.

Damages for Injury Claims

Negligent nursing homes and staff members could have caused you or your family member significant injuries. Nursing Home Justice considers all the ways lives are impacted by nursing home neglect and fights for compensation for the following damages:

  • Physical pain and suffering
  • Permanent impairment
  • Mental and emotional distress
  • Current and future medical bills
  • Long-term care expenses
  • Costs of medical equipment

Damages for Wrongful Death

When nursing home neglect causes the wrongful death of your loved one, the decedent’s surviving spouse or heirs can pursue a wrongful death claim and recover the following:

  • Loss of financial support that the decedent would have provided to the surviving spouse, heirs or
    designated beneficiary (e.g., decedent was a rehab patient who was going to return to work)
  • Funeral expenses
  • Non-economic damages for grief, sorrow, and loss of companionship

In some cases, the personal representative of the decedent’s estate may recover medical expenses
caused by the neglect.

Talk to your nursing home neglect lawyer today about your options.

Punitive Damages

Depending on the situation, you may be entitled to punitive damages intended to punish the negligent party for their reckless behavior.

Evidence That Could Strengthen Your Claim

In nursing home neglect cases, it’s crucial to gather evidence to prove what occurred. Such evidence
includes:

  • Photos or videos of injuries
  • Notes that detail conversations between the patient and staff members
  • Emails and text messages with staff members
  • Notes from family members that describe the patient’s living conditions
  • Documenting medications given or not given to the patient
  • Any notes taken by the patient describing their neglect
  • Medical records
  • Medicare, Medicaid, and health insurance records and billings

Nursing Home Residents’ Rights

Every nursing home resident has specific rights that nursing homes must respect to ensure quality care

and treatment. According to the Colorado Long-Term Care Ombudsman Program, patients have the right to:

  • Receive appropriate health care
  • Civil and religious liberties
  • Express grievances without fear of retaliation
  • Manage their financial affairs
  • Be informed of available services and related charges
  • Be informed of medical conditions and necessary treatment
  • Privacy
  • Be free from mental and physical abuse
  • Freely choose a health care facility
  • Copies of a facility’s rules and regulations
  • Be discharged or transferred for raising concerns
  • Be treated fairly and with dignity
  • Choose any nursing care facility that can meet their needs.

 

How to Report Nursing Home Neglect

If you or a loved one are experiencing nursing home neglect, you don’t need to suffer. There are many ways for you to take action:

  • File a Complaint – You can file a complaint against the nursing home with the Colorado Department of Public Health & Environment.
  • Contact the Local Ombudsman – Ombudsmen can investigate claims of nursing home neglect. They will advocate for your residents’ rights and help resolve your issue.
  • Call Nursing Home Justice – It’s vital to retain an attorney who knows the ins and outs of nursing home neglect cases. Nursing Home Justice listens to your story and determines what path to take next.

Here’s How We Obtain Justice for Victims

We assess each case individually and ensure that you receive the compassion and attention you or your loved one should’ve received. Nursing Home Justice, led by attorney Mac Hester, will help you recover in the following ways:

  • We’ll Meet & Hear Your Story – Attorney Mac Hester will personally meet with you and help determine if you should resolve the issue directly with the nursing home, file a complaint with the state, or pursue litigation.
  • We’ll Investigate Your Case – Your nursing home neglect attorney knows how to obtain evidence from nursing staff, the facility, and corporate entities so that your claim will not be hindered.
  • We’ll Help Recover Compensation – Nursing Home Justice will evaluate the case, determine the value of all monetary damages, and pursue recovery for you.