According to the Centers for Disease Control and Prevention (CDC), an estimated 1.4 million elderly or disabled individuals reside in nursing homes or other long-term care facilities across the United States. While every resident of a nursing home should be able to expect that they will receive the proper care they deserve, cases of nursing home negligence occur everyday and cause injury to residents. Unfortunately, many residents do not speak up about negligent acts for many reasons. For example, they may not have the mental capacity to report poor treatment or responsible staff members may threaten them if they tell anyone. For this reason, loved ones of nursing home residents should always be on watch for the many different signs and symptoms of nursing home negligence.
If you believe your loved one has been the victim of nursing home negligence, you should follow the following steps:
- Regularly check in with your loved one regarding their health and condition.
- Watch for and make record of any unexplained injuries or other suspicious signs of possible negligence.
- If you believe that mistreatment has occurred, report your suspicions through the proper channels at the nursing home.
- Contact law enforcement if you believe severe abuse and injury has occurred.
- Call an experienced nursing home negligence attorney who can evaluate whether you have a valid claim and can help hold the nursing home responsible for any negligence that occurred.
Often, you may have a loved one injured by nursing home negligence in the Denver area but you may live outside of Denver yourself. In such cases, we understand how much time and energy it may take to pursue a legal case on behalf of your loved one long-distance. You can trust that the nursing home negligence lawyers at Gabriel N. Schwartz, P.C. will skillfully and efficiently handle your case with as little inconvenience to you as possible.
An Overview of Colorado Nursing Home Negligence Laws
Nursing homes are held to a strict standard of care under Colorado law when it comes to residents and they are considered negligent when residents suffer injuries because staff and/or management failed to meet that standard of care. Though the state has a regulatory agency dedicated to nursing home safety, negligent acts and violations of law still happen nearly every day in Colorado nursing homes. The law allows injured parties to hold facilities responsible for the following acts of negligence and more:
- Inadequate care and supervision of residents
- Hiring or retaining unqualified or potentially dangerous employees
- Not properly supervising employees and allowing mistreatment to occur
- Failing to maintain the premises or allowing dangerous conditions to exist on the premises
- Having improper equipment or failing to regularly inspect and maintain equipment
- Not having and maintaining the proper licenses required by the state of Colorado
- Other violations of relevant laws and regulations set out by the Colorado Board of Examiners of Nursing Home Administrators
The above acts of negligence can result in many different harmful accidents and incidents including physical or mental abuse of residents, slip and fall accidents, preventable adverse medical events, false imprisonment, improper nutrition and hygiene, and much more. Any nursing home resident who has been injured due to any type of negligent act deserves to receive the full amount of recourse and compensation possible under the law.
Potential Consequences for Nursing Home Negligence
Nursing home negligence can have many consequences for the responsible facility, though the specific penalties for causing injury will depend on the specific circumstances and type of negligence. Some of the potential consequences include as follows:
- Investigation by Colorado adult protective services
- A civil lawsuit brought by the injured individual for personal injury. A personal injury claim alleges negligence and allows the injured party to seek damages for all of their related losses, which can include medical expenses, pain and suffering, mental anguish, and more.
- A civil lawsuit for breach of contract if the nursing home signed a contract with the resident to provide certain services and failed to do so.
- Criminal culpability for any instances of assault, battery, false imprisonment, or other criminal offenses that occurred in the nursing home.
Residents who have sustained injuries in nursing homes are often able to recover significant compensation in civil lawsuits, especially in instances that involved serious mistreatment by nursing home staff. Such egregious acts against nursing home residents often result in large awards that include punitive damages, which are additional damages meant to punish the responsible nursing home for its actions and deter other facilities from causing similar harm in the future. The value of every claim will differ based on the specific details of the case and an experienced nursing home negligence lawyer can evaluate the value of your case for you.
Don’t wait. We can help you find justice.
No one deserves to suffer because of nursing home negligence. The sooner you seek legal assistance, the sooner your loved one can recover for their injuries and enjoy the rest of their lives feeling safe and healthy. At the Law Offices of Gabriel N. Schwartz, P.C. in Denver, our highly experienced nursing home negligence attorneys are committed to holding nursing homes liable for any injuries they caused and always strive to make the legal process as easy as possible for injured individuals and their loved ones. We offer free evaluations with no obligation, so please do not hesitate in calling our office at 877-860-4878 today. We believe in your rights to recovery and will stand up to protect them.