Hospice Negligence in Colorado

Jerry Bowman, Owner and Managing Attorney

Hospice Care
December 27, 2024
Hospice Negligence in Colorado

Hospice care in the U.S. was established in the 1970s to serve individuals in their final stages of life. Until now, it has continued to provide a specialized form of medical assistance for people with terminal illnesses, focusing on comfort, dignity, and quality of life. The primary objective of hospice care is to give patients comprehensive support that addresses their physical symptoms as well as their emotional, social, and spiritual needs to ensure that patients will receive the quality end-of-life care that they deserve.

The Colorado hospice negligence lawyers at Bowman Law believe hospice negligence robs patients of their right to pass away serenely and leaves the loved ones scarred for life. As a result, it is important for hospice care centers to deliver acceptable standards to help patients obtain peace and their families cope with the challenges of losing a loved one. This article will shed light on the duties of hospice facilities and workers and the effects of negligence not only on the patients but also on their surviving families.

Hospice care centers in Colorado assist both the terminally ill individuals and their families during a challenging life transition. They allow patients to take control over their lives, go on with comfort and dignity, and feel supported as they prepare for their passing. However, if hospice staff or facilities fail to offer competent care and their negligence results in harm or suffering, legal action can be pursued. 

The Role of Hospice Care in Colorado

Hospice care plays a crucial role in providing a complete level of assistance to individuals with incurable diseases and their loved ones. It ensures that patients in Colorado can live out their remaining time with solace, peace, and fulfillment, and families and friends can feel supported through the process. The main functions and goals of hospice care are:

  • Comfort and Pain Management: It aims to reduce pain and other distressing symptoms and maximize quality of life and comfort in the final days of a patient.
  • Emotional and Psychological Support: It gives counseling services for patients and family members and helps patients and families cope with end-of-life concerns.
  • Spiritual Care: It respects and accommodates various religious and cultural beliefs and offers spiritual guidance if wished for by a patient or family.
  • Practical Assistance: It helps with daily care needs like bathing, dressing, and medication management and offers respite care to give family caregivers short-term relief.
  • Medical Care: It administers medical equipment and medications and provides regular visits from nurses and other healthcare professionals.
  • Education: It informs families about expectations during the dying process and teaches caregivers how to provide basic care.
  • Bereavement Support: It extends grief counseling and resources for coping with loss and support to family members after the death of a patient.
  • Coordinated Care: It serves as a link between the patient, family, and healthcare providers and guarantees continuity of care and clear communication.
  • Focus on Patient Wishes: It helps patients make decisions about their end-of-life care and advance care planning.
  • Home-based care: It provides care in the home of a patient or a homelike setting and allows them to spend their final days in familiar surroundings.
A cozy hospital room with a floral-patterned bed, a monitor on a desk, and a sunny window.

Who is Involved in Hospice Care?

Several key people and professionals are involved in providing hospice care:

  • Patient: This is the person receiving hospice care. As the center of the process, the wishes and preferences of the patient are vital to the development of the care plan. Hospice care is created to meet their physical, emotional, and spiritual needs. 
  • Family members and caregivers: Taking the support role, family members, close friends, and caregivers assist with daily tasks, provide emotional support, and help make important decisions. Hospice care also offers resources and counseling to support family members during this difficult time.
  • Hospice physician: The hospice physician or the personal doctor of the patient supervises the medical care, manages symptoms, prescribes medications, and ensures the patient’s comfort. They work together with the care team to arrange and perform treatments that prioritize the quality of life of the patient.
  • Registered nurses or licensed practical nurses: Nurses track and record the condition of the patient, manage pain and symptoms, administer medications, and provide direct medical care. Nurses visit the patient regularly and serve as the primary point of contact for both the patient and their family.
  • Home health aides: Home health aides help with daily personal care tasks, such as bathing, dressing, grooming, and feeding. They assist with maintaining the patient’s comfort and dignity, providing critical hands-on care in the home or care facility.
  • Social workers: Social workers help the patient and family cope with the emotional aspects of terminal illnesses. They also provide counseling, assist with advanced care planning, and help coordinate additional resources, such as financial support or community services.
  • Bereavement counselors. Bereavement counselors extend support to family members before and after the death of the patient. They help families prepare emotionally for loss and give them grief counseling following the passing of their loved ones.

When Hospice Care Fails a Loved One

When hospice care fails a patient, it can lead to negative outcomes that impact not only the patient but also their family. Hospice care focuses on the comfort, dignity, and well-being of a patient nearing the end of their life. As a result, any failure to meet these purposes can have significant physical, emotional, and legal consequences.

An elderly patient in a hospital gown sitting on a bed in a bright hospital room.
  • Unnecessary pain and suffering: If hospice care fails, the patient may experience unnecessary pain, discomfort, or distress that could have been prevented if there was proper medical attention and pain management. Unaddressed symptoms and failure to monitor changes can result in missed signs of discomfort or deteriorating health.
  • Emotional and psychological distress: Patients and their families may feel abandoned, unsupported, or suffer anxiety and depression.
  • Physical deterioration: When hospice care fails, existing health conditions may worsen or new health issues may arise. Patients may experience complications like bedsores, dehydration, malnutrition, and infections that could have been prevented or minimized with appropriate care.
  • Diminished quality of life: Failure to provide proper care, like lack of personal care and unmet spiritual or psychological needs, can leave the patient feeling uncared for and unable to spend their remaining time in peace and comfort.
  • Premature death: A hospice care failure can lead to a premature death when critical needs like proper management of infections, dehydration, or severe pain are neglected. Medication errors like overdosing or wrong prescription or medication can also result in premature death. 
  • Compromised bereavement process: If the remaining days of a patient were mismanaged, family members may struggle more with grief. Unresolved issues such as anguish or regrets can complicate the mourning process.
  • Legal consequences: If hospice care failure leads to significant harm or premature death, the family may pursue legal action against the hospice provider. They can file negligence lawsuits and wrongful death claims seeking compensation for their loss. Failure to provide the appropriate care may result in penalties, fines, or loss of licensure for the hospice provider.

Can Hospice Providers be Sued? 

Yes, hospice providers can be sued for negligence if their care falls below the established standards and causes significant harm to a patient. Hospice providers have legal obligations to provide the standard level of care to their patients. If they fail to do their responsibilities, legal action can be taken against them. 

Unfortunately, there are hospice providers in Colorado that fail to live up to the standard level of care due to negligence or misconduct. Understanding the grounds for legal action is necessary for safeguarding accountability and justice. The common examples of hospice negligence that can lead to lawsuits include:

  • Failure to appropriately manage pain: Pain management is a major concern in hospice care. Failure to provide or administer proper medication or monitor pain levels can result in negligence.
  • Neglect or abuse: Neglect or abuse can occur when a patient does not receive the basic care, supervision, or assistance they need. It can lead to physical harm, bedsores, dehydration, or malnutrition, which can be grounds for a lawsuit.
  • Medication errors: Distribution of wrong medications or incorrect dosages can result in severe consequences, including unnecessary suffering or death.
  • Failure to address patient needs: Hospice staff who disregard patient requests for assistance or fail to respond to signs of distress can be sued for negligence.
  • Poor communication with the family: If hospice personnel fail to inform families of any changes in the condition or treatment of a patient or withhold important information about care options and it harms the patient, a lawsuit may be filed against them.
  • Improper staff training or understaffing: When a hospice facility is inadequately staffed or employees are not properly trained to handle the needs of the patients, negligence claims may be pursued.
  • Wrongful death: When the negligence, malpractice, or failure to provide the standard care results in a premature death, families can sue the hospice facility or staff.
Elderly woman lying in bed with a concerned expression, clean white linen, soft lighting.

Contact our Colorado Hospice Negligence Lawyers

At Bowman Law, our Colorado hospice negligence lawyers offer specialized legal advocacy for individuals and families affected by hospice negligence in Colorado. Our skilled team recognizes the profound physical, emotional, and financial toll that substandard end-of-life care can inflict on patients and their loved ones. We have a history of successfully holding negligent hospice facilities and staff accountable for their actions and seeking justice for our clients.

Our Colorado hospice negligence lawyers will help you understand your legal rights and options and build a strong case to obtain the maximum settlement for your losses. We will navigate complex legal and healthcare systems on your behalf and provide support throughout the process. Contact us at 720-863-6904 for a comprehensive, free case evaluation. Let our dedicated and experienced pool of hospice negligence attorneys fight for the justice and compensation you are entitled to.

Our law firm is located in Denver. We serve the Front Range, including Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora.