Fort Lupton Nursing Home Abuse Lawyer
Families place their trust in nursing homes to care for their loved ones. Unfortunately, not all nursing homes live up to this expectation. According to the World Health Organization, between 2017 and 2018, 1 in 6 adults aged 60 or older suffered abuse while in a community setting.
If you suspect that a loved one is being abused in a nursing home or assisted living facility, a knowledgeable Fort Lupton nursing home abuse lawyer can provide you with support and legal guidance you need to recover damages from the injury. Consult with a seasoned attorney today to learn more about filing a claim.
Causes of Nursing Home Abuse
In Colorado, 11,000 reports of elder abuse were filed between 2011 and 2012, according to the Colorado Elder Abuse Task Force, with 43 percent requiring an investigation. The causes of nursing home abuse vary by the facility but are more common in facilities with inadequate staffing and with residents that have cognitive injuries like dementia, mental illnesses, and physical disabilities. Nursing home facilities are also required to have enough nursing staff to provide nursing and related services to maintain the highest physical, mental, and psychosocial well-being of each resident. Facilities also leave residents vulnerable by not providing adequate and ongoing training to staff, not implementing monitoring systems, and not enforcing procedures and standards of care that are clear and compassionate.
Signs and Types of Nursing Home Abuse
Nursing home abuse or neglect varies from facility to facility and can take many forms. In addition to physical injuries, abuse can also include mental, emotional, financial, and psychological mistreatment. Some common types of nursing home abuse include:
- Intentional infliction of bodily harm
- Sexual abuse or sexual assault
- Injury caused by negligent acts/omissions
- Unreasonable confinement
- Chemical or physical restraints for punishment
Signs of nursing home abuse also vary depending on the type of abuse, but recognizing them can prevent ongoing future harm resulting from the abuse. Some signs of abuse include malnourishment, poor hygiene, severe bedsores, and unexplained injuries.
Mandated Reporting of Elder Abuse
Most states require that health care practitioners that suspect elder or dependent adult abuse to report the circumstances to a designated agency, Adult Protective Services, police department, or Department of Health Services (DHS). The Department of Health Services Licensing and Certification offices are mandated to investigate all reports of elder abuse. Complaints can be filed against many different departments and levels of staffing at nursing homes.
Colorado Nursing Home Laws
While the federal legislation serves as a floor for the standards of care required in nursing homes, most states have enacted more rigorous standards. Under Colorado statute, 6 Colo. Code of Regs. § 1-0-1-1, specific requirements for the care, including the minimum hours of nurse care per resident, the temperature of the water to bathe residents, and the nutritional requirements for food served in a nursing home, and much more.
In Colorado, there is a two-year statute of limitations requiring a plaintiff to file a nursing home abuse or neglect lawsuit within two years of the time that the abuse or neglect occurred. An experienced Fort Lupton nursing home abuse lawyer has federal and Colorado laws to examine your case and guide you in the unique circumstances of your situation.
Reach out to a Fort Lupton Nursing Home Abuse Attorney Today
A Fort Lupton nursing home abuse lawyer understands the emotional toll and devastating effects that nursing home abuse can have on you and your loved ones. If you suffered abuse in a nursing home facility, contact an attorney to learn about your legal options.