Nursing home abuse is a major issue affecting hundreds of families every year. Despite its widespread impact, there are many misconceptions about nursing home abuse in Colorado; we intend to clear them up.
Our attorneys have dealt with hundreds of abuse settlements over the years, and we know just how different each case can look. To help you better understand how nursing home abuse looks and what you can do about it, we’ve put together a guide on these topics:
- Key Facts About Nursing Home Abuse in Colorado
- Common Types of Nursing Home Abuse
- Laws and Punishments Related to Nursing Home Abuse in Colorado
- How a Nursing Home Abuse Lawyer Can Help Victims and Families
Key Facts About Nursing Home Abuse in Colorado
The first thing to know about nursing home abuse is that the name itself is misleading. This offense can happen in nursing homes, assisted living facilities, and even in private homes. So long as an elderly person is being cared for, there’s potential for nursing home abuse.
Nursing home abuse is also more common than you might think. In Colorado alone, there are more than 200 nursing homes housing over 13,000 total residents. Though many of these facilities provide excellent care, a very small percentage of abusers can easily create hundreds of abuse cases. Sadly, the National Center on Elder Abuse estimates that one out of every 10 seniors has experienced some form of abuse.
Finally, abuse goes far beyond the physical. Residents can be abused without even being touched. Many of the most common forms of abuse, such as financial abuse, neglect, and emotional abuse, leave little evidence but have severe consequences for the victim.
Ultimately, all of this information points to one key takeaway — abuse allegations must be taken seriously. If your loved one expresses any concern about their nursing home situation, probe deeper, and don’t be afraid to ask hard questions. Since so many forms of abuse don’t leave physical evidence, the victim’s word is often the only way to validate their experience.
Common Types of Nursing Home Abuse
Nursing home abuse takes many forms but can be broken down into five main categories. They include:
Physical Abuse: This is the most well-known form of abuse. Any time a resident is hit, slapped, pushed, or improperly restrained, it’s physical abuse.
Emotional or Psychological Abuse: Though it doesn’t leave scars or wounds, emotional abuse is a serious issue. Emotional abuse typically consists of verbal assault, insults, or targeted actions that make residents feel isolated.
Sexual Abuse: Sexual abuse in nursing homes is an extremely disturbing form of abuse. It involves any non-consensual sexual contact or behavior. Unfortunately, this is one of the least reported forms of abuse, as the victim often feels shame after being abused.
Neglect: Neglect happens when nursing home staff fails to meet a resident’s basic needs. If a resident is left in an unhygienic situation, malnourished, or dehydrated, they are likely being neglected.
Financial Abuse: Nursing home staff members may exploit residents by forcing them to hand over money or personal assets. This abuse is typically targeted at residents who are not fully competent, as they are less likely to recognize exploitative requests.
Laws and Punishments Related to Nursing Home Abuse in Colorado
Nursing home abuse in Colorado is a serious issue. To combat it, the state established the Colorado Adult Protection Act (APA), which addresses reports and investigations related to elder abuse. As part of this law, all suspected cases of elder abuse or neglect must be reported to Adult Protective Services (APS), law enforcement, or a federal agency. Failing to report these actions can result in significant consequences for a care facility.
In addition to state regulations, nursing home abuse is subject to federal oversight through the Nursing Home Reform Act, which sets minimum standards for care in facilities that receive Medicare and Medicaid funding. Federal regulations require nursing homes to provide care free from abuse and neglect.
When abuse occurs, the perpetrators can face criminal charges and civil suits from the victim’s family. These civil suits can be filed against the care facility and the individual who abused your loved one, as both are considered responsible
How a Nursing Home Abuse Lawyer Can Help Victims and Families
If you suspect that your family member is being abused, a nursing home abuse lawyer can help set things right. Skilled lawyers can file lawsuits that hold care facilities accountable and win settlements to cover medical expenses and recovery costs.
Settlements extend beyond just medical bills too. Emotional damage, pain and suffering, and dozens of other factors can be made part of a settlement. Most importantly though, a large, public lawsuit can close down a negligent facility, ensuring no one else is abused there again
Do You Suspect Your Loved One Is Being Abused? McDivitt Law is Here to Help
Nursing home abuse in Colorado is a serious issue. Fortunately, many people are starting to treat it with the seriousness it deserves. Every time someone brings a case forward, it reduces the chances of more people suffering abuse in a nursing home.
Is your loved one being abused at a nursing home, care facility, or even in their own home? We can help. Click the button below for a free consultation to find out how we can win you the compensation you deserve.
