In Denver, families trust nursing homes to care for their aging loved ones with compassion, dignity, and proper medical care. But when nursing home neglect occurs, that trust shatters. Loved ones suffer in silence while facility staff ignore or mishandle even the most basic needs. These moments demand answers. If your family suspects that a loved one has experienced neglect in a nursing home facility, you must understand the steps to file a legal claim and the time limits that apply. This guide outlines your rights under Colorado law and the legal process for holding negligent nursing homes accountable.
Neglect differs from intentional abuse. Yet its impact, both physical and emotional, can be just as devastating. This article will explore how to recognize signs of nursing home neglect, how Colorado laws protect nursing home residents, and the deadline for filing claims in such cases. If someone you love has suffered abuse or neglect in a nursing facility, you must act swiftly to protect their well-being and seek justice.
Understanding Nursing Home Neglect and How It Differs From Abuse
Neglect in nursing homes involves the failure to provide residents with adequate care, often resulting in serious harm. Unlike physical abuse or sexual abuse, which are intentional acts of harm, neglect typically stems from inaction or careless oversight. However, both forms of mistreatment fall under the broader umbrella of elder abuse.
Common forms of nursing home neglect include:
1. Failing to provide necessary medical treatment or medication on time (such as ignoring health issues or mental health needs)
2. Ignoring personal hygiene or allowing poor hygiene to persist
3. Withholding food, water, or help with mobility
In Colorado nursing homes, these failures not only breach ethical standards they may also violate state and federal laws.
For example, the Nursing Home Reform Act mandates that all nursing home residents have the right to receive services that maintain their physical and mental well-being. When a nursing facility fails to meet those standards, it can be held liable for any harm that results.
Family members must watch for signs such as unexplained injuries, weight loss, emotional withdrawal, or sudden behavioral changes. These red flags often signal that neglect or abuse occurred within the facility. If you suspect abuse or neglect, report it to the proper authorities immediately, such as the Colorado Department of Public Health and Environment or Colorado Adult Protective Services.
Legal Protections for Victims of Nursing Home Neglect in Colorado
Colorado law provides several legal avenues for victims of nursing home neglect. These protections help ensure that responsible parties, whether individual staff members or the facility itself, face consequences when they fail to provide proper care.
Key protections include:
- Colorado Revised Statutes § 26-3.1-101 to 26-3.1-108, which govern elder abuse reporting and investigations
- The Nursing Home Reform Act, a federal law requiring facilities to provide adequate medical care and protect residents’ rights
- Access to Adult Protective Services for vulnerable adults
Neglect in a care facility is not just unethical, it can be criminal or civilly actionable. Victims or their families can pursue legal action by filing nursing home abuse lawsuits against negligent facilities. These lawsuits allow victims or their families to pursue financial compensation for damages such as medical bills, mental health support, and physical pain, when supported by evidence and the court’s findings.
In tragic cases involving fatalities, the family may file a wrongful death lawsuit. These wrongful death claims can address the medical expenses and emotional suffering caused by the nursing home’s failure to provide adequate care.
Filing Deadline for Nursing Home Neglect Claims in Denver
Colorado law imposes strict time limits for filing legal claims related to nursing home neglect. These timeframes are known as statutes of limitations, and they vary depending on the type of claim.
Here’s what you need to know:
- For personal injury claims (including nursing home neglect), you generally have two years from the date the neglect occurred or was discovered to file a lawsuit (Colorado Revised Statutes § 13-80-102(1)(a)).
- For a wrongful death lawsuit, the statute of limitations is also two years from the date of death (Colorado Revised Statutes § 13-80-102(1)(d)).
- If the claim involves medical professionals and issues of improper medical care, Colorado law may impose additional procedural requirements or shorter deadlines (Colorado Revised Statutes § 13-80-102.5).
Failing to file within the applicable deadline can permanently bar you from recovering damages. That’s why it’s critical to gather evidence early, request medical records, and consult with experienced attorneys who understand the nuances of nursing home lawsuits.
How to Recognize Signs of Nursing Home Neglect
Neglect often leaves subtle traces. Some residents may not have the capacity or the courage to speak up. It’s up to family members and loved ones to spot the warning signs.
Common indicators include:
Unexplained injuries, like bruises, bedsores, or fractures
Poor hygiene, such as dirty clothing, body odor, or unclean bedding
Sudden weight loss or signs of dehydration
Untreated medical issues, infections, or persistent discomfort
Withdrawn behavior or increased confusion without a medical cause
Keep a detailed record of any symptoms or incidents you observe. Photograph physical evidence, request access to medical records, and speak with other residents or facility staff if appropriate. These steps are vital when building a strong legal claim.
Steps to Take If You Suspect Neglect Has Occurred
If you suspect a loved one has suffered abuse or neglect, act quickly. The steps you take immediately after identifying the problem can significantly impact the strength of your case.
Follow these key actions:
- Report the incident to Adult Protective Services and the Colorado Department of Public Health.
- Document everything, take notes, gather evidence, request medical records, and take photos.
- Ensure proper medical treatment for your loved one to address both physical and mental health concerns.
- Contact the proper court or begin the legal process if a facility refuses to cooperate.
- Seek financial support and fair compensation through a legal claim if your family incurred medical bills or emotional harm.
Facilities that fail to provide adequate care must be held accountable. Whether the neglect results from understaffing, lack of training, or careless oversight, negligent facilities should not be allowed to continue operating without consequences.
Holding the Responsible Party Accountable and Seeking Compensation
Pursuing legal action does more than seek justice for your loved one; it helps protect other nursing home residents from suffering in the future. Every successful case sheds light on systemic issues and encourages reform.
You may be eligible to recover:
- Costs related to medical treatment or mental health counseling (such as physical pain and emotional distress)
- Out-of-pocket medical expenses and ongoing care needs
- Financial compensation for any financial abuse, such as unauthorized charges
- Damages related to wrongful death, including funeral expenses and loss of companionship
By filing a legal claim, you help bring public health concerns to light and pressure the industry to improve standards. Nursing facilities must meet their obligations under Colorado law. When they fail, they must be held responsible in court.
Seek Justice and Support for Your Family
Nursing home neglect shatters families and endangers our most vulnerable citizens. Whether your loved one resides in a nursing home or an assisted living facility, you have the right to expect proper care, safety, and dignity. When that care is denied, families must act.
The legal process can feel overwhelming, especially when your family is dealing with physical pain, mental health distress, and mounting medical bills. But you don’t have to go through it alone.
At Bourassa Law Group, our experienced attorneys understand the pain families face when neglect or abuse occurs. We’re committed to helping you hold negligent facilities accountable and pursue legal action for the justice your loved ones deserve.
If you suspect abuse or neglect in a care facility, contact us today for a free consultation. We’ll listen, guide you through your options, and help you seek compensation and peace of mind.
Let us help you protect your family and ensure your voice is heard.
1-800-870-8910