Colorado Springs Nursing Home Abuse Lawyer

Nursing home abuse is a distressing reality that affects many vulnerable elderly residents in Colorado Springs and beyond. Families trust nursing homes to provide the care and protection their loved ones deserve. Unfortunately, this trust is sometimes violated, leading to severe physical and emotional consequences.

If you suspect that your loved one has suffered abuse in a nursing facility, seeking legal help is essential. An experienced Colorado Springs nursing home abuse lawyer can provide the legal representation to hold the responsible parties accountable.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to fighting for justice and compensation for those affected by nursing home abuse. Our experienced legal team has a strong history of managing nursing home abuse cases with care and securing substantial settlements and verdicts for our clients.

We conduct comprehensive investigations to address all aspects of abuse, covering medical costs, emotional distress, and other related damages. With our extensive knowledge of nursing home abuse claims, we effectively handle the legal process, ensuring your rights are fiercely protected.

Throughout your case, we offer compassionate and clear guidance so you and your family feel supported, informed, and secure at every stage.

Types of Cases Handled by Our Colorado Springs Nursing Home Abuse Lawyers

Nursing home abuse encompasses any intentional harm or neglect inflicted on elderly residents by caregivers or staff members. This mistreatment can take various forms, each with its devastating impact on the victims. 

Our Colorado Springs nursing home abuse lawyers handle a wide range of cases, ensuring that all forms of abuse are addressed and the victims receive the justice they deserve.

Physical Abuse

Physical abuse involves any act of violence or harm directed at a nursing home resident. This assault includes hitting, slapping, or misusing restraints, leading to injuries such as bruises, broken bones, or even more severe trauma.

Mental and Emotional Abuse

Mental and emotional abuse occurs when a resident is subjected to verbal threats, harassment, or isolation, causing psychological distress. This type of psychological abuse can lead to depression, anxiety, and a decline in the resident’s overall well-being. For instance, caregivers may belittle or intimidate residents, making them feel worthless or fearful.

Sexual Abuse

Sexual abuse in nursing homes involves any non-consensual sexual contact or behavior directed at a resident. This violation could include inappropriate touching, sexual assault, or coercion. Such abuse not only violates the resident’s dignity but also causes profound emotional and physical harm.

Medical Malpractice

Medical malpractice in nursing homes can include serious issues such as medication errors or failure to provide necessary medical care. Bedsores, for instance, develop when a resident is left in the same position for too long, indicating neglect. Medication errors, which can include administering the wrong drug or dosage, may have life-threatening consequences.

Negligence

Negligence occurs when nursing home staff fail to provide the standard level of care required to meet a resident’s basic needs. This neglect includes poor hygiene, malnutrition, dehydration, and elopement (when a resident wanders away from the facility unsupervised).

Financial Abuse

Financial exploitation involves the unauthorized use or theft of a resident’s financial resources or personal belongings. This abuse can include forging signatures on checks, stealing cash or valuables, or coercing residents into altering their wills or financial documents.

Wrongful Death

Wrongful death occurs when a resident dies due to the negligence or intentional harm caused by nursing home staff. This loss could result from severe abuse, neglect, or medical malpractice. Families who lose a loved one under such circumstances may pursue a wrongful death case to seek justice and compensation for the untimely passing.

Understanding Your Legal Rights

Various federal and state laws protect nursing home residents, ensuring their safety, dignity, and well-being.

One of the most significant federal protections comes from the Nursing Home Reform Act of 1987. This law sets strict standards for the care that nursing homes must provide, including the right to be free from abuse, neglect, and exploitation.

In addition to federal protections, state-specific regulations also play a vital role in safeguarding nursing home residents in Colorado. The Colorado Department of Public Health and Environment oversees nursing homes and enforces state laws that align with federal standards.

Eligibility to File a Nursing Home Abuse Case 

If a resident’s rights are violated through abuse, neglect, or other forms of mistreatment, they have the right to file a legal claim. In many cases, family members or legal guardians act on behalf of the resident, especially if the resident is unable to do so due to physical or mental incapacity.

Liability in Nursing Home Neglect and Abuse Cases 

Liability in nursing home neglect and abuse cases can extend beyond the individual staff members directly responsible for the mistreatment. Understanding who is liable is crucial in building a strong nursing home abuse case and ensuring that all responsible parties are held accountable.

• Nursing Home Facility: The nursing home facility itself can be held liable if the abuse or neglect is a result of systemic issues, such as inadequate staffing, poor training, or failure to implement proper safety protocols.
• Management and Administrators: The nursing home’s management and administrators may also be responsible if they fail to properly supervise staff, ignore complaints, or address known issues that contribute to abuse or neglect.
• Staff Members: Individual staff members who directly engage in abusive or neglectful behavior are typically liable for their actions. This includes nurses, aides, or any other employees who physically, emotionally, or financially abuse residents.
• Third-Party Contractors: In some cases, third-party contractors, such as outside medical professionals or service providers, can be held liable if their actions contribute to a resident’s abuse or neglect.

How Our Colorado Springs Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced legal team is dedicated to advocating for the rights of nursing home residents who have suffered abuse or neglect.

With a proven track record in handling nursing home abuse cases, we are committed to providing the legal support families need to seek justice and fair compensation.

Our Colorado Springs nursing home abuse attorneys offer a range of services to guide you through every step of the legal process.

Free Case Evaluation

We begin by offering a free consultation to discuss the details of your situation. During this consultation, we will listen to your concerns, review any evidence you have, and provide an honest assessment of your case.

Case Investigation

Our legal team conducts a thorough case investigation to gather all necessary evidence to support your claim. This includes reviewing medical records, interviewing witnesses, examining the nursing home’s policies and practices, and consulting with experts in elder care.

Filing the Claim

Once we have gathered sufficient evidence, we will file the claim against the responsible parties. Our attorneys will handle all aspects of the legal paperwork, ensuring that your claim is filed correctly and within the required time limits.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiation. Our attorneys are skilled negotiators who will advocate for your best interests and seek a fair and just settlement that covers all damages.

Trial If Needed

Our attorneys are fully prepared to take your case to trial if a fair settlement cannot be reached. We have extensive courtroom experience and will vigorously represent you, presenting a compelling case to the judge or jury.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Colorado Springs, there are a total of 21 Medicare-approved nursing homes. Out of these, seven facilities (33%) have an overall score considered below or much below average. 10 homes (48%) fall short in health inspections, and seven facilities (33%) have inadequate staffing levels. Only one nursing home (5%) rated poorly on quality measures. [1]

Some of the worst-rated nursing homes in Colorado Springs include:

• Colonial Rehabilitation and Nursing LLC
• Falcon Heights Rehabilitation and Nursing LLC
• Kiowa Hills Rehabilitation and Nursing LLC
• Mountain View Post Acute
• Pikes Peak Post Acute

Elder abuse in nursing homes can manifest in various ways, often leaving subtle signs that may be difficult for family members to detect. Here are some common indicators that a nursing home resident may be suffering from abuse:

• Unexplained injuries
• Sudden changes in behavior;
• Poor hygiene and unkempt appearance;
• Weight loss and dehydration;
• Fearfulness around staff members;
• Bedsores and untreated medical conditions;
• Missing personal belongings or unexplained financial activity.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one or family member is experiencing nursing home abuse, it’s essential to take immediate and decisive action. Here’s a step-by-step guide on what you should do:

Call 911 if Immediate Danger is Present

If you believe your loved one is in immediate danger or has suffered serious harm, call 911 right away. Emergency services can provide the necessary medical attention and ensure the safety of your loved one.

Report to the Nursing Home Administrator or Management

Inform the nursing home administrator or management about your concerns. They are required to investigate the situation and take corrective actions to protect the residents. Ensure that your report is documented, and ask for a written response outlining the steps they will take.

File a Complaint with Your Local Ombudsman’s Office

The local Ombudsman’s office advocates for nursing home residents and investigates complaints. You can file a formal complaint with them to initiate an independent investigation. The Ombudsman acts as a mediator and ensures that the resident’s rights are protected throughout the process.

Contact a Nursing Home Abuse Lawyer

Consulting with an experienced nursing home abuse lawyer is essential in protecting your loved one’s rights and pursuing legal action if necessary. A lawyer can guide you through the legal process, help gather evidence, and file a nursing home abuse lawsuit to hold the responsible parties accountable.

Damages You Can Recover Through a Nursing Home Abuse Claim

When pursuing a nursing home abuse claim, several types of damages may be recovered to compensate for the harm suffered by the resident.

Economic damages are intended to cover the quantifiable financial losses resulting from nursing home abuse. These can include:

• Medical expenses
• Cost of future care
• Lost personal belongings

Non-economic damages compensate for the non-financial harm that the resident has suffered. These can include:

• Pain and suffering
• Emotional distress
• Loss of quality of life
• Punitive damages

Punitive damages are awarded in cases where the abuse was particularly egregious or intentional. These damages are not meant to compensate the victim but to punish the wrongdoer and deter similar conduct in the future.

The Cost of Hiring a Colorado Springs Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of pursuing legal action can be a concern for families. That’s why our Colorado Springs nursing home abuse lawyers work on a contingency fee basis, so you don’t have to worry about paying any upfront legal fees. 

Our law firm only gets paid if we successfully secure full and fair compensation for you through a settlement or verdict. This approach ensures that you can focus on seeking justice for your loved one without the added stress of legal costs.

You Have Limited Time to Take Legal Action in Colorado Springs

In Colorado, the statute of limitations for filing a nursing home abuse lawsuit is generally two years from the date the abuse occurred or when it was reasonably discovered. Exceptions to this rule exist, but they are specific and rare. 

To avoid missing this critical deadline, consult with a Colorado nursing home abuse lawyer as soon as you suspect abuse or nursing home negligence.

Contact a Colorado Springs Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced Colorado Springs nursing home abuse attorneys are dedicated to fighting for the rights of elderly residents who have suffered abuse or neglect. With a proven track record of securing significant settlements and verdicts, our law firm is committed to providing compassionate, effective representation.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare