Nursing Home Injuries

Abuse is defined as:

• The nonaccidental infliction of physical pain or injury, as demonstrated by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling, or suffocation;
• Confinement or restraint that is unreasonable under generally accepted caretaking standards; or
• Subjection to sexual conduct or contact classified as a crime under the Colorado Criminal Code.

Although nursing home neglect does not generally entail incidents as violent as those involving “active” abuse, it is in essence a form of abuse that can be equally detrimental, physically as well as emotionally for victims.

Instances of neglect in nursing homes usually arise when residents do not receive the proper care from those entrusted with providing it, leading to bodily and emotional harm, various ailments, and, in extreme (yet not entirely uncommon) cases, even death.

Such cases do not necessarily arise from involuntary actions, such as, for example, accidentally administering the wrong medication or an incorrect dose to a resident, which is something that may potentially have even fatal consequences. There are, sadly, also cases where care staff intentionally fail to care for patients by ignoring their needs and requests, as well as the obligation to adhere to certain required standards. Examples of such actions include, among others, neglecting the personal hygiene of residents, failure to meet their basic living needs, not giving enough food or water to residents, ignoring a resident’s complaints, and many more.

When choosing to place the care of your elderly loved ones (or of yourself, as years go by) in the hands of a nursing home, you are essentially trusting them with the health and wellbeing of your vulnerable family member. If that care facility fails to provide the care require and ends up neglecting or abusing its residents, those victims absolutely deserve to have their rights protected. Negligent or, worse, intentionally malicious actions should not be left unreported or unpunished, and due compensation for the harm caused should be paid by those responsible for such actions.

In view of protecting the health, wellbeing and, ultimately, respecting the dignity of those at-risk adults who end up facing unacceptable circumstances while in the care of nursing homes and similar facilities, the law provides the opportunity of filling a personal injury lawsuit against the responsible entity and the individual employees liable for causing such abuse or showing unacceptable neglect.

It cannot be stressed enough how important it is to report suspected or actual instances of abuse and neglect in a Colorado nursing home, both in terms of finding justice for their victims and holding accountable those responsible for such actions, but also to protect other existing and potential victims.

If you have become aware of a case of abuse or neglect in a Colorado nursing home or care facility, you should contact an appropriate government agency, such as the Colorado Department of Public Health & Environment, the Colorado Division of the Board of Examiners of Nursing Home Administrators or a local Adult Protective Services Department. Reported cases of abuse or negligence are followed by the conduction of a related elder abuse investigation ordered by the Department in question and, depending on their outcome, criminal charges may be filed against the wrongdoers. You should also seriously consider reporting the matter directly to the police, who will run a criminal investigation that may lead to the arrest and subsequent charging of those responsible.

Vulnerable senior citizens, regarded by the law as at-risk adults, rely on nursing homes to provide quality care and look after their physical and mental wellbeing. If you or a family member have suffered from nursing home abuse or neglect, it is well within your rights to examine your legal options and take action against individuals who have treated you or your loved ones in a way that has caused you physical, emotional, or financial harm.

Depending on the particular circumstances of your case, you may be able to file a personal injury lawsuit against Colorado nursing homes that engage in abuse or neglect of their residents.

In such cases, you will need to prove that the facility in question was negligent in its care of the resident victim by providing evidence showing that:

• The person(s) being sued (defendant/s) owed a duty of care to the victim resident (plaintiff).
• The defendant(s) breached that duty of care.
• That this breach led to the injury you are.
• That the plaintiff incurred quantifiable damages from said injury.

In other words, to succeed in recovering damages from the defendant(s) you will need to prove causation between the breach of the duty of care owed toward your loved one, which constituted neglect or abuse, and the ensuing harm suffered. If yours is a case of intentional, rather than negligent, causing of injury to a resident of a nursing home in Colorado, you will need to prove that the perpetrator of the neglect or abuse willfully and purposely intended to cause the harm at issue.

By law, all nursing home facilities, long-term care facilities, assisted living facilities, and other such establishments have a duty to provide residents with the care that they need to ensure that they are as healthy as possible.