Malnutrition in Littleton Nursing Homes
If a person is malnourished, they are not getting enough of the nutrients their body requires to function either because they are not eating enough food or their diet lacks the nutrient-rich foods they should be eating. Malnutrition can have a drastic impact on an average person’s health and well-being, but for those at-risk for greater health issues from malnourishment, such as senior citizens, it can severely and detrimentally affect their physical and mental health.
Today, malnutrition continues to be a wide-spread toxicity in nursing homes across the nation. If you have reason to believe your elderly loved one is suffering from malnutrition in Littleton nursing homes, the facility or its staff may be held liable for any losses incurred as a result. Get in touch with an experienced attorney to learn more.
Signs of Malnutrition and Dehydration in Nursing Home Residents
There are several warning signs a nursing home resident can exhibit, which indicate that they are undernourished. Some of the more common, easily recognizable symptoms include, but are not limited to, the following:
- Extreme fatigue
- Skin discoloration (e.g., yellow tint or dull tone)
- Poor or worsening vision
- Confusion or impaired memory
Although malnourishment is a common problem within nursing homes, it could also indicate an underlying health issue that is unrelated to the portions or quality of food a nursing home provides to its residents. However, even if it is due to a separate medical issue, when nursing home staff fail to get a malnourished resident proper medical attention, it could be considered an abusive or neglectful act.
Filing a Nursing Home Malnutrition Lawsuit in Littleton
In Littleton, if a nursing home facility or its staff inflicts physical pain or injury upon a resident, which is evidenced by their suffering from malnutrition, it is considered an act of abuse under the Protective Services for At-Risk Adults Act, codified at § 26-3.1-101(1) of the Colorado Revised Statutes. If a Littleton nursing home neglect victim seeks to effectively bring a personal injury claim against the facility for their malnourishment-related injuries, they must do so in a timely manner, i.e., within the statute of limitations.
In Colorado, the statute of limitations for a victim of nursing home abuse or neglect to file a personal injury claim is two years from the date of injury, as provided under C.R.S. § 13-80-102. Following the timely filing of a personal injury claim against a nursing home, the plaintiff will have the burden of proving that their malnutrition-related injuries were due to the nursing home’s acts.
If the legal basis for their claim is negligence (i.e., the defendant’s conduct was harmful, but they did not act with the intent to harm), they will need to prove all four elements of negligence:
- Defendant owed the plaintiff a duty to act in adherence to a certain standard of care
- Defendant breached their duty,
- Defendant’s breach was the cause of plaintiff’s injuries
- Plaintiff incurred damages as a result
However, if the plaintiff’s claim is for the intentional abuse or neglect of a nursing home resident, they need only prove that the defendant verifiably committed an act of abuse or neglect against them, the defendant acted with the intent to harm them, and the defendant’s act was the cause of their malnutrition-related injuries.
Reach Out to Learn More About Malnutrition in Nursing Homes in Littleton
Malnutrition among nursing home residents is an all-too-common occurrence. In addition to worsening existing medical conditions in seniors, malnourishment can also cause them to suffer additional health problems and prove potentially fatal.
Unfortunately, nursing home neglect is a continuing and rampant issue, not just in Colorado, but throughout the United States. If you suspect your aging loved one suffers from malnutrition in Littleton nursing homes, a lawyer could help determine if they can take legal against the nursing home.
