Nursing home abuse occurs more often than most people realize. According to the National Council on Aging, approximately five million cases of elder abuse occur each year in the United States. The World Health Organization defines elder abuse as “a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.” Many of these instances of abuse occur in long-term care facilities such as nursing homes.
If your loved one has been abused by a caretaker, take immediate legal action to stop the abuse. The Colorado Springs personal injury lawyers at Dulin McQuinn Young are dedicated to helping the vulnerable pursue justice and accountability from the ones who have harmed them. Contact our nursing home abuse lawyer for a free consultation in which we can review your legal options.
Colorado Nursing Home Laws
According to U.S. News and World Report, Colorado has more than 205 nursing homes in operation. Colorado has various laws that establish the rights of nursing home residents, including Colorado Revised Statute 26-3.1-101 and common law. Both sets of laws allow injured nursing home patients or their loved ones to file a lawsuit on their behalf. If the neglect or abuse ultimately resulted in a fatal injury, family members may also be eligible to file a Colorado Springs wrongful death lawsuit to seek justice for their loss.
What Is Nursing Home Abuse?
Nursing home abuse or caretaker neglect involves the mistreatment of residents in their care. It can take many forms, including physical, emotional, sexual, or financial abuse. Neglect involves the withholding of medication, basic needs, or attention needed to provide the resident with a basic level of care.
Common examples of nursing home abuse and neglect include:
- Physically abusing a nursing home resident, including pushing, hitting, or pinching them
- Failing to reposition a nursing home resident, causing them to suffer bedsores
- Failing to provide the medication that the resident needs
- Not assisting with tasks that the resident cannot do on their own, such as showering, grooming, or walking around the facility unattended
- Leaving residents in soiled garments
- Failing to provide adequate food or water
- Allowing residents to wander around so that they get lost
- Overmedicating or keeping patients restrained so they are easier for staff to manage
What Is a Nursing Home Abuse Lawsuit?
Nursing home abuse lawsuits seek to hold a nursing home responsible for negligent training, supervision, or hiring, which contributed to the abuse of a nursing home resident. Nursing home abuse lawsuits allow loved ones to hold care facilities responsible for the abuse and the harm that it caused. Courts and insurance companies can award monetary payments as financial compensation.
Common Signs of Nursing Home Abuse
Many times, the victims of nursing home abuse are unable to communicate or understand what is happening to them, so you must remain vigilant in your monitoring of their care while they are in an institution. Some potential signs that they are being abused or neglected include:
- They have unexplained injuries, such as bruises or broken bones.
- They have repeat falls or hospital visits, which may indicate insufficient monitoring or unsafe conditions. This often r
- They seem fearful around certain caregivers.
- They withdraw from conversations and lack interest in their favorite activities.
- They show little or no eye contact.
- They demonstrate different personality traits.
- They have abrupt bouts of depression and anxiety.
- They have mood swings.
- They report difficulty sleeping.
- There are changes to their eating habits.
- They have bedsores, which can indicate that staff have not rotated them as necessary.
- They are missing glasses, a cane, or other medical aids.
- Funds are missing from their account.
- There is a new person listed on their accounts, which can indicate financial abuse.
- They have poor hygiene or soiled clothing and linens, indicating a neglect in personal care.
- They have experienced unexplained weight loss.
- They have experienced malnutrition or dehydration, indicating that they are not receiving an adequate supply of food or fluids.
- They have been injured due to medication errors, such as overmedication, missed doses, or confusion between patients.
- The nursing home appears unsanitary, indicating poor maintenance and oversight.
If you have spotted any of these warning signs and are concerned about your loved one’s safety, contact an experienced Colorado Springs nursing abuse lawyer from our law firm.
Factors That Contribute to Nursing Home Abuse and Neglect
Various factors can combine to create an environment where nursing home abuse and neglect are allowed to occur unchecked, including the following:
- Negligent hiring practices, including hiring people who have problematic histories or failing to conduct proper background checks
- Understaffing, leading to staff members feeling overworked, stressed, and fatigued
- Inadequate training, contributing to the failure to meet the needs of the residents and injuries during transfers and other interactions with them
- Negligent supervision that foster an environment where accountability does not exist and abuse can continue without consequence
- A lack of security systems or door locks
An experienced Colorado Springs nursing home abuse attorney can conduct a thorough investigation to determine which factors contributed to your loved one’s maltreatment and who is responsible. They can gather evidence to support your nursing home abuse claim, such as:
- Medical records
- Witness statements
- Video surveillance footage
- Photos of the nursing home
- Independent reports completed by state agencies
- Similar complaints filed against the nursing home
- Documentation of the damages that your family suffered
Damages Awarded in Nursing Home Abuse and Neglect Lawsuits
Through a nursing home abuse claim, your family can seek compensation for the various damages your family has experienced due to the wrongful conduct, such as:
- Emergency room bills
- Ambulance charges
- Additional medical expenses
- Rehabilitation costs
- Mental health treatment costs
- Expenses related to relocating the resident out of the facility
- Pain and suffering
- Mental anguish
- Emotional distress
- Anxiety and depression
Our lawyers can help identify and value your damages.
Contact Dulin McQuinn Young for a Free Consultation
Your loved one does not have to suffer in silence. The legal team at Dulin McQuinn Young can take steps to protect them and demand the justice and accountability they deserve. Contact us today for a free consultation.