When a member of your family is a resident of a nursing home, assisted living or long-term care facility, the last thing you may expect is that those in charge of your loved one’s care would be guilty of any type of abuse or negligence.
Yet sadly, the Denver nursing home neglect and abuse lawyers at Rosenthal & Heymann are far too familiar with cases where unqualified staff or disreputable nursing homes put profit before patient care. Often, the circumstances can go unreported for a long period. Frequently, victims of Colorado nursing home neglect or abuse are afraid to make a report, afraid to further burden their family, or unable to speak out due to emotional or mental issues, such as dementia or Alzheimer’s. Some even fear retribution by nursing home staff if it is discovered that a family member or someone outside the facility has been notified.
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Nursing Home Abuse, Neglect and Negligence Can Take Many Forms
• Withholding food, water or access to bathroom facilities
• Withholding or improperly administered medications
• Discovery of bed sores
• An unexplainable physical injury or ailment, including abrasions, bruises, welts, rashes, burns or broken bones
• Resident’s fear of staff members
• Missing money or other personal property
• Sudden loss of weight
• Broken or damaged personal items, such as eyeglasses, hearing aids, canes and walkers, etc.
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The nursing home resident and their family may be entitled to financial damages in the event that an investigation proves physical abuse, withholding of care or services, sexual misconduct, financial abuse, or inadequate staff training has resulted in the serious injury or tragic death of a patient. As the laws governing such facilities are complex and difficult to interpret, it is recommended that a qualified attorney, experienced with Colorado nursing home abuse law, if you suspect abuse or negligence is occurring in a local nursing facility.
There are several warning signs that visiting friends and family members should watch for. If your loved one appears to be depressed, is not as communicative as on previous visits, or exhibits unusual or erratic behavior, they may be showing the effects of emotional or physical abuse. If they are resistant to mixing with the facility’s other residents, or are showing signs of mood swings or low self esteem or seem confused and agitated, these can also be warning signs.
Those who are in need of placing a family member into a Colorado nursing home, long-term care or assisted living facility should do their homework prior to admission. There are several sources that publish information regarding the safety and abuse reports of area nursing homes. The National Center on Elder Abuse, a division of the U.S. Administration on Aging, publishes rankings on abuse and neglect statistics, and the numbers are alarming:
• As few as 1 in 14 cases of neglect ever make it to the attention of authorities.
• Between 1 and 2 million Americans 65 years of age or older have been the victim of mistreatment, injury or another form of exploitation at the hands of a caregiver.
• Financial abuse is thought to be reported in just 1 out of every 25 occurrences.
The National Center on Elder Abuse offers these toll free hotlines to report an incident:
• 1-800-962-2873 (For suspected elder mistreatment in the home).
• 1-800-453-5145 (For suspected elder mistreatment in the home, TDD/TTY access).
• 1-888-831-0404 (For suspected elder mistreatment in long-term care facilities).
In Colorado, clicking here will take you to a listing of the state’s Agencies on Aging offices, to assist you with reporting abuse or neglect, as well as a host of other local, state and national resources.
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Nursing Home Abuse
The staff of the Special Investigations Division of the House Government Reform Committee conducted a study and discovered that 30 percent of nursing homes in the country — 5,283 facilities — had been cited for almost 9,000 occurrences of nursing home abuse over a two-year period.
Source: ABC News
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Nursing home negligence, abuse or neglect is often a case of thinking it will never happen to you. Unfortunately, it is far more common than most assume, and consulting with appropriate legal counsel could be your best defense in recovering any financial damages against the facility, its owners and management. It is incumbent upon us all to do whatever we can to protect our most vulnerable citizens, and having the courage to share concerns about possible neglect or abuse in a Colorado nursing home may prevent its elderly residents from suffering from elder abuse or neglect.
If you suspect a loved one has been victimized, the Colorado nursing home abuse law firm of Rosenthal & Heymann is prepared to explain your rights under the law, and fight for justice on your behalf.
Call Today - 303-825-2223
