The decision to place an at-risk 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. At-risk adults are individuals 18 years or older who are unable to provide or obtain services necessary for their own health, safety, and welfare or lack the capacity to make or understand certain decisions. 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.

Protecting Your Loved Ones

You had the best intentions when you moved your mom into her memory care facility. However, during your recent visits, you’ve consistently found her isolated, seated in a wheelchair, and seemingly forgotten. This raises concerns: Is she being intentionally put there? Is she being troublesome? You ask the staff, but they say they do not know how she ended up there. They promise to keep an eye out, yet, nothing changes. You’re worried. Is this neglect?

Assisted living facilities, nursing homes, and long-term care facilities are required to provide the level of care necessary to ensure their residents are as healthy as possible. When that does not happen, they become open to claims of neglect and even elderly abuse.

Types of Abuse

Elders can suffer from various types of abuse, including physical, emotional, financial, sexual, neglect, isolation, discrimination, willful deprivation, and self-neglect.

Approximately 10% of Americans aged 60 and above have been subjected to elder abuse. This alarming statistic translates to millions of elders suffering from abuse annually. Shockingly, only one out of 24 cases of abuse are reported to authorities, indicating that the actual number of victims may be significantly higher.

Recently, in January 2024 an employee from the Pueblo West Nursing Home was charged with the death of a patient, likely due to neglectful services. This incident came after the same employee was dismissed from another assisted living facility following an investigation into caretaker neglect. So, when is it time to seek legal action?

Legal Grounds for Pursuing Justice

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 Colorado Adult Protective Services (APS) program. APS investigates and makes a decision in cases involving the potential abuse or exploitation cases of at-risk or vulnerable individuals.

In addition to filing a complaint with APS, victims and their families have the right to file a personal injury lawsuit against the facility believed to be responsible. In those cases, it is crucial to understand that the plaintiff bears the responsibility of proving their claims, meaning it’s vital to secure skilled legal representation.

In personal injury cases alleging that the defendant was negligent, plaintiffs must establish 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; and
That the plaintiff incurred damages from the injury.

In situations where the injury results from intentional abuse rather than negligence, the plaintiff must demonstrate that the abuser deliberately aimed to cause the harm in question, as noted by Burg.

Compensation for Damages

In situations of nursing home neglect or abuse, victims may qualify for various forms of compensation. Each case is unique, but it’s common for claims to cover both economic and non-economic losses. Economic losses refer to measurable financial expenses, such as medical bills, while non-economic losses address the emotional and psychological impact of neglect. Additionally, claims may seek compensation for physical impairment and disfigurement suffered by victims.

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

To safeguard your loved one’s rights and support their pursuit of justice, it is essential to follow proper procedures.

File a police report — In instances of abuse, filing a police report is important. This action could lead to criminal charges against those responsible.
Report to Adult Protective Services — In Colorado, APS is dedicated to the investigation of abuse allegations and the protection of vulnerable adults.
File a complaint with the care provider — It’s important to communicate your concerns directly to the management of the care facility or to the individual caregiver if they are not employed by the facility.
File a civil claim — If your loved one has suffered abuse or neglect, they may be entitled to financial compensation through a civil lawsuit.

Empowering Families Through Education

Burg emphasizes the importance of education and advocacy in protecting the well-being of vulnerable loved ones. He urges families to research prospective care facilities thoroughly, paying attention to factors such as past complaints, the results of state inspections, and  the legal history of the facilities.

Moreover, Burg emphasizes the role of being proactive and observant to detect signs of neglect or abuse. By staying informed, asking questions, and maintaining open communication with facility staff, families can serve as powerful advocates for the health and safety of their loved ones.

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.