The decision to place a loved one in a nursing home or assisted living facility is often a difficult one, driven by a desire to ensure their safety and well-being. However, when these facilities betray our trust through neglect or abuse, the consequences can be devastating. Burg Simpson’s legal experts, led by skilled trial attorney Stephen Burg, shed light on what to do if you suspect nursing home neglect and how to report it.
You had the best intentions when you moved your mom into her memory care facility. But the last few times you visited, you noticed her sitting in the same spot, in a wheelchair, facing a corner, alone, as if someone parked her there.
Are they getting her out of the way? Is she being troublesome? You ask the staff, and they say they don’t know how she ended up there. They promise to keep an eye out. But you keep seeing her there. She’s not moving herself. Her wheels are locked. You’re worried. Is this neglect?
Assisted living facilities, nursing homes, and long-term care facilities must all provide the level of care necessary to ensure their residents are as healthy as possible. When that doesn’t happen, they become open to claims of neglect and even elderly abuse.
Types of Abuse
There are more than 11,000 cases of elder abuse reported in the State of Colorado each year, according to Burg. They can include physical, emotional, financial, sexual, neglect, isolation, discrimination, willful deprivation, and self-neglect.
Legal Grounds for Pursuing Justice
When faced with nursing home neglect or abuse, victims and their families may be able to file a personal injury lawsuit against the nursing home that engaged in the abuse or neglect. In those cases, the burden of proof is on the plaintiff, meaning it’s vital to secure skilled legal representation. Personal injury cases differ from state regulatory cases, where anyone with knowledge or concerns about a senior living or nursing home facility can file a report with the Department of Human Services (DHS). From there, a DHS investigator will make a decision regarding the case.
Plaintiffs must show evidence that:
- The person being sued (defendant) owed a duty of care to the victim resident (plaintiff).
- The defendant breached that duty of care.
- That this breach led to the injury you are claiming.
- That the plaintiff incurred quantifiable damages from said injury.
Suppose the harm was suffered due to abuse rather than negligence. In that case, the plaintiff has to prove the perpetrator of the neglect or abuse willfully and purposely intended to cause the harm at issue, Burg said.
Compensation for Damages
In cases of nursing home neglect, victims may be able to receive various forms of compensation to address both economic and non-economic losses. Economic damages may include medical expenses, loss of income, and property damage. Non-economic damages encompass pain and suffering, diminished quality of life, and emotional distress.
Burg highlights the importance of accurately calculating these damages to ensure victims receive the full compensation they deserve. However, he also notes that Colorado imposes caps on certain types of damages, underscoring the need for skilled legal representation to navigate these limitations.
Reporting Elderly Abuse
It is essential to follow proper procedures for your loved one to assist in the pursuit of any civil compensation.
- File a police report — If there is abuse, the responsible people may face criminal charges.
- Report to Adult Protective Services — Colorado has an agency dedicated to investigating suspected abuse cases and protecting vulnerable adults.
- File a complaint with the care provider — Formally complain to your loved one’s care home or the person who is their caregiver if it is a third party.
- File a civil claim — Your loved one could be entitled to financial compensation. A civil claim holds the offender accountable and can help care for your loved one’s needs.
Empowering Families Through Education
Burg emphasizes the importance of education and advocacy in protecting vulnerable loved ones. He urges families to research prospective care facilities thoroughly, paying attention to factors such as past complaints, state inspections, and legal history.
Moreover, Burg emphasizes the role of vigilant observation in detecting signs of neglect or abuse. By staying informed, asking questions, and maintaining open communication with facility staff, families can serve as powerful advocates for their loved ones’ well-being.
The Bottom Line
Burg underscores the importance of acting swiftly to address neglect or abuse, emphasizing that time is of the essence in seeking justice for victims. With the guidance of experienced legal counsel, families can navigate the legal process with confidence and ensure their loved ones receive the care and protection they deserve.
If you found this guide helpful, the Burg Simpson blog provides more resources and information on wrongful death cases in Colorado.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Please consult with a qualified attorney to discuss your specific situation.
The news and editorial staffs of The Denver Post had no role in this post’s preparation.
