Free Colorado Nursing Home Abuse Attorney Case Consultation
If you are searching for the right Colorado nursing home abuse attorney to help your family reclaim dignity following a tragedy inside a facility, contact Senior Justice Law Firm. Our law firm’s narrow focus is on negligence cases against nursing homes and assisted living facilities. From Denver to Colorado Springs, Pueblo to Fort Collins, Grand Junction to Sterling, we accept elder abuse cases across Colorado. Let of years of experience in this niche practice area guide your family on the journey to justice.
Call us now at 888-375-9998, or live chat with our office, to receive your free Colorado nursing home abuse attorney consultation.
Colorado Nursing Home Abuse Attorney
Every year, more and more Coloradans trust nursing homes and long-term care facilities to provide the care they need to live out their twilight years, Unfortunately, while many nursing homes fulfill the needs of their residents, Colorado nursing home abuse and neglect are not uncommon occurrences.
Neglect and abuse tend to occur in facilities that are understaffed and overpopulated. It is important to know, however, that the resident is not at fault for choosing a home that provides sub-par care. Fewer people have access to long-term care insurance, making it more difficult to ensure that the nursing home they choose gives them the best care possible. With an aging population on the rise, options may be limited. Even the highest rated facilities can fall short. Further, Colorado nursing homes are bought and sold at a dizzying pace. The facility that you admit Mom into Thanksgiving of 2023 may be completely different by New Years Day 2024. Because management and ownership changes fly under the radar, it is difficult to accurately monitor the historical performance of local Colorado facilities.
If abuse or neglect occurs, it should not be excused as a byproduct of an inadequate healthcare system here in Colorado. If you believe that someone you love has been a victim of nursing home abuse, then it is important that you know your rights and speak with a Colorado nursing home abuse attorney immediately. Senior Justice Law Firm can help you determine if you have a case a develop a strategy for moving forward.
Colorado Nursing Home Abuse: Facts & Stats
The 65+ age group is the fastest growing age group in Colorado. In the past ten years, the elder population has risen by a whopping 50%, with no signs of slowing down. According to the Colorado Health Institute, nearly 70% of the population over 65 will eventually require some form of long-term services and support. However, of the approximately 225 nursing homes in the state, over 90% have experienced some form of health infraction. In 2007, an AARP study found that 42% of nursing homes rated as below average in terms of health inspections. Additionally, over 11,000 reports of abuse and neglect occurred in Colorado in the span of a single year, with expectations that reports will only continue to increase yearly. AARP notes that non-profit homes tend to provide the best care because they are smaller and able to better staff their facilities, but non-profit nursing homes make up only 22% of all long-term care facilities in the state.
Nationally, 1 in every 10 people over 60 has experienced some form of abuse, and yet only 1 in every 14 cases of abuse is reported. While Colorado rates in the middle of the pack in terms of health inspections and fines as a result of violations, Colorado skilled nursing facilities have still paid over three million dollars in fines. Although not all fines paid are a result of intentional abuse, it shows that nursing homes are far from problem-free.
What You Need to Know About CO Lawsuits for Nursing Home Abuse
Colorado nursing home abuse should not be taken lightly. While the prospect of bringing a lawsuit against a large healthcare corporation can be daunting, not doing anything about the negligence is worse. By remaining silent, you are allowing the potentially harmful conduct to occur to other families in the future. Bringing a lawsuit can not only help you recover from the wrongs done against you by securing compensatory damages, but it also punishes the nursing home that enabled abuse to take place. This discourages the negligent behavior as nursing homes attempt to protect their bottom line, improving the lives of the residents who must rely on the care they are receiving at that facility.
By contacting a Colorado lawyer experienced with elder abuse specifically, you can trust that your case is in the hands of someone who will fight to get what’s right for you. Senior Justice Law Firm will scrutinize every aspect of the case to ensure that you receive the justice and compensation that you deserve. We want to be your Colorado nursing home abuse lawyer.
How to Report Elder Abuse in Colorado
In Colorado, there are several ways to report abuse. In addition to contacting an attorney, reporting it to the authorities is important. The Colorado Board of Examiners of Nursing Home Administrators’ mission is to ensure the health, safety, and welfare of the residents of nursing homes. They handle licensing of nursing home administrators, investigating complaints, and disciplining those who violate laws. You can contact them at (303)-894-2988 or email email@example.com for abuse that has occurred anywhere in Colorado.
You can also contact Adult Protective Services. Like the Board of Examiners of Nursing Home Administrators, Adult Protective Services also investigates violations, but they focus on any allegation of a violation against an at-risk adult, such as an elderly individual. Each case reported to APS is confidential, with a few limited exceptions. Contacting APS depends on your county, but the Colorado Department of Health provides a list for each county.
Finally, you should contact the long-term care ombudsman. Colorado has 51 staffed ombudsmen throughout the state, with an additional 22 volunteers. Ombudsmen act as advocates for residents who have experienced issues with their long-term care facility. You can call the state office at (303)-722-0300 to locate your local ombudsman.
What Does Colorado Nursing Home Abuse Look Like?
While abuse or neglect might seem apparent, there are times where determining whether either took place can be difficult. While the two are closely linked, there are differences between them that are important to understand.
The definition of neglect is rather broad. Although it can be defined as an intentional action, it doesn’t have to be. While outcomes of neglect can be catastrophic, like withholding certain medications leading to the sharp decline in health (or even death) of a resident, it can also include not ensuring that the resident’s hygiene is properly provided for. The umbrella of neglect is broad. If you are uncertain whether you or a loved one has been a victim of neglect, attorneys will be able to help analyze your situation and determine if you have a case.
To qualify as abuse, intentionality has to be established. Physical harm, mental anguish, or any type of pain are all qualifications of abuse. The signs for abuse are sometimes more recognizable than cases of neglect, but there are some signs that are harder to distinguish. Most apparent are noticeable bruising or other unexplained injuries. If your loved one is unexplainably nervous or hostile when in the presence of nursing home staff members, they might be showing symptoms of emotional abuse.
If you believe a loved one has been a victim of neglect or abuse, don’t wait to reach out to legal counsel. The sooner the case begins, the more viable it is and the more relevant evidence can be collected.
Common injuries that result in Colorado nursing home negligence lawsuits include:
- Bed Sores
- Falls Resulting in Fractures
- Wrongful Death
- Elopement and Wandering Out of the Facility
- Unexplained Fractures
- Sexual Abuse
What to Expect from an Elder Neglect Lawsuit
A person who has experienced nursing home abuse can file a civil lawsuit against the nursing home where the abuse took place. To prove a personal injury case, the victim must demonstrate how the nursing home was negligent and can sue for monetary damages. These suits can be expanded to include cases in which abuse or neglect was intentional, but the proof of intentionality must be clearly demonstrated.
In most Colorado nursing home abuse lawsuits, the plaintiff that brings the case is usually the victim’s family member. This is true whether the victim has died, or is incapacitated.
Monetary damages can include economic damages, which include any costs that were incurred as a result of the abuse or neglect (such as medical bills), and non-economic damages, which covers more subjective areas, like pain, suffering and emotional distress. In addition to these types of damages, punitive damages can be levied in cases where the nursing home blatantly and severely violated the safety of the resident, including defrauding them or acting with disregard for the health of the resident and others.
Colorado Nursing Home Wrongful Death Law
If the wrongful conduct of the nursing home causes your loved one to pass away, Colorado law allows for family members to bring a nursing home wrongful death lawsuit. This means a cause of action does not die with the patient. Instead, the family can hire a Colorado nursing home wrongful death attorney, who can pursue damages for the harm caused.
Colorado Revised Statutes §§ 13-21-201 through 13-21-204, known as the Colorado Wrongful Death Act, allows the surviving family of a deceased nursing home resident to pursue a wrongful death lawsuit against the facility that brought about the wrongful death.
Colorado Nursing Homes
While the luxury of choosing the best of the best in terms of nursing home care is not always possible, using Medicare’s care compare allows you to sift through the best and worst nursing homes in your area. The tool rates nursing homes based on three criteria: health inspections, staffing, and quality of resident care.
For example, if you live in Denver, the care compare tool shows that of the 95 nursing homes within 25 miles of the city center. Little Sisters of the Poor – Mullen Home is the highest rated nursing home in Denver; in fact, it’s one of the highest rated nursing homes in Colorado. Care compare rates their health inspections and staffing as 5 stars out of a possible 5. The tool also shows additional information about the home, like how big the home is (42 certified beds), whether they participate in Medicare and Medicaid (they participate in Medicaid), and ownership type (non-profit).
There are several nursing homes that rate as 1 star, and three of the worst five nursing homes receive a red warning from Medicare, which means that the home has been cited for confirmed abuse.
If you live in a smaller area, where nursing homes are not as abundant as they are in Denver, the care compare tool is still incredibly useful. For example, if you live in Delta, Colorado, where there are only five nursing homes within a 25-mile radius, Willow Tree Care Center is rated higher than Horizons Care Center, which has a red warning listed as of May 2022.
These are just some of the many examples of the care compare tool’s value. In general, if you are considering nursing homes across Colorado, you should complete an on-site visit, to make sure you feel the facility is right for your loved one.
Some Colorado nursing homes, regardless of their rating, include:
- Boulder Manor
- 4685 Baseline Rd Boulder, CO 80303
- Park Forest Care Center, Inc.
- 7045 Stuart St Westminster, CO 80030
- Ridgeview Post Acute
- 5230 E 66th WY Commerce City, CO 80022
- Mesa Vista of Boulder
- 2121 Mesa Dr Boulder, CO 80304
- Health Center at Franklin Park
- 1535 Park Ave Denver, CO 80218
- Juniper Village – the Spearly Center
- 2205 W 29th Ave Denver, CO 80211
- Manorcare Health Services-Denver
- 290 S Monaco Pkwy Denver, CO 80224
- Bethany Nursing & Rehab Center
- 5301 W First Ave Lakewood, CO 80226
- Lowry Hills Care and Rehabilitation
- 10201 E Third Ave Aurora, CO 80010
Legal Assistance for Colorado Nursing Home Abuse Cases
Nursing home abuse and neglect are never acceptable. The experience can feel lonely and isolating, not only for the victim but also for their family. You may feel that legal action against the facility seems intimidating or out of reach. However, allowing nursing homes to go unpunished can hurt future residents.
Sadly, Colorado nursing home abuse is not a rare occurrence. However, you will not be alone on your road to recovery. Senior Justice Law Firm understands how difficult this process can be and is happy to do everything possible to ease the stress of filing a lawsuit to seek the justice you deserve. While monetary compensation does not erase your experiences, it can help your family know that your case impacted the nursing home corporation at its highest levels.
Receive a completely free Colorado nursing home abuse attorney case consultation today. We are available at 888-375-9998 or via our online chat tool. You may also use our online form to reach us. We only ask that you share as much case facts as possible, so that our Colorado nursing home abuse lawyer can adequately assess whether we can assist your family.